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proceeding with a partial award on liability to a final award on quantum for an indefinite period of time. Recently, state courts …
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alternative but much less known form of liability, however, competed with the named-tort approach during this same period, and to … some extent still competes with it. This is the application of what we call a “residual category” of liability. In our …–harms that inevitably will be candidates for tort liability in the years to come. We identify the aspects of each form of loss …
Persistent link: https://www.econbiz.de/10012889796
With the growing economic and societal importance of online platforms, the question of their liability for illegal … appropriate liability rule for hosting service providers and derive policy recommendations for an efficient liability regime in … to the presence of externalities and asymmetric information problems, warranting some form of liability rules. However …
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Strict liability for ultra-hazardous activities is entirely different from strict products liability. Since strict … liability has been applied to so-called dangerous or ultra-hazardous activities, the application has been limited to instances … one determines the applicability of strict liability in the area of defective products under Section 402A of the …
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This Article argues that the liability framework governing securities trading is unable to effectively deter and …, benchmarking compliance using the three familiar standards grounding liability: (i) intent; (ii) negligence; and (iii) strict … liability. This Article shows that this framework is ineffective in markets that rely on algorithms – or pre …
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Despite the fact that discussions of liability for defective software go back more than forty years, there is no clear … consensus on what theory governs liability for damage caused by "connected devices" (or the "Internet of Things"). However, the … proliferation of IoT devices may be the catalyst for a new field of "connected devices" products liability law, which could provide …
Persistent link: https://www.econbiz.de/10012958319
No single issue has more preoccupied modern jurisprudential writers than the limitations of precedent on the lawmaking power of judges. Yet despite this singular concentration, no scholarly consensus has emerged regarding what those limitations are or what form they should take. This continuing...
Persistent link: https://www.econbiz.de/10013044687
Since the mid-nineteenth century, products liability law has undergone significant modifications. The applicable … doctrine has oscillated between contract and tort theories; fault and no-fault liability schemes have competed for predominance …. Despite attempts to create an internationally accepted liability norm, different legal systems continue to espouse differing …
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