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A growing body of literature suggests that courts and juries are inclined toward division of liability between two strictly non-negligent or vigilant parties. However, standard models of liability rules do not provide for vigilance-based sharing of liability. In this paper, we explore the...
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In this paper, we have modeled and examined effects of two salient features of the eminent domain law and its use. First, in most legal orders the compensation for taking of land property is less than full compensation according to the 'differential method' used under civil liability. Second,...
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The COVID-19 pandemic has unleashed a catena of contractual disputes. The paper synthesizes the Indian Contract Act and relevant case laws to present a legal position on force majeure, the frustration of contract and contractual gaps, in the context of COVID-19. Using the economic analysis of...
Persistent link: https://www.econbiz.de/10013231473
The term Economic Efficiency refers to the relationship between aggregate benefits and costs to the individuals concerned. Among the widely used efficiency criteria are the Pareto Optimality,the Kaldor-Hicks, the Cost-Benefit, and the Wealth Maximization criterion. In this essay, we discuss...
Persistent link: https://www.econbiz.de/10013240712
In many accident contexts, the accident harm depends on observable as well as unobservable dimensions of the precaution exercised by the parties involved. The observable dimensions are commonly referred to as the `care' levels and the unobservable aspects as the `activity' levels. In a seminal...
Persistent link: https://www.econbiz.de/10013241362
The COVID-19 pandemic has unleashed a catena of contractual disputes. Several companies and firms have cited COVID-19 as force majeure to suspend the promised supply of goods or services, triggering legal claims of compensation from the counterparties. Employers have refused the promised...
Persistent link: https://www.econbiz.de/10013250055
The Indian real estate sector has been witnessing golden era with property boom spreading in all directions and it is touching new heights. The Industry experts felt that Indian real estate has huge demand and potential in almost every sector especially commercial, residential, and retail....
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