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Conventional wisdom in tort law holds that an injurer's negligence, a product design defect, and a victim's contributory negligence should all be decided by weighing the costs and benefits of the relevant activity. In multiple-victim accidents, the current paradigm maintains that liability...
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In CA 1093/07 Bachar v. Fokmann [2009] (request for additional hearing denied, 2010) , the Israeli Supreme Court has formed a formula for calculating the deduction of NII payments from a tort victim's claim, when only some of the victim's impairment is causally linked to the tortious act in...
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The chapter, in the Oxford Handbook of Behavioral Economics and the Law, discusses the contributions of cognitive psychology and behavioral studies to the research of tort law. These contributions, we show, relate to a wide range of issues in torts: from the basic decision to impose tort...
Persistent link: https://www.econbiz.de/10014142309
Under the conventional approach in torts, liability for an accident is decided by comparing the injurers costs of precautions with those of the victim, and, under the negligence rule, also with the expected magnitude of harm. In multiplevictim cases, the current paradigm holds that courts should...
Persistent link: https://www.econbiz.de/10008543157