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Die Eurorettungsmechanismen können bei einem Ausfall von Euroländern dazu führen, dass Deutschland weitaus stärker …The overall risk to be borne by Germany in case of further bailouts financed through the EFSF and ESM remains an … intriguing question. The German Constitutional Court’s preliminary ruling on 12 September 2012, capping Germany’s ESM risk …
Persistent link: https://www.econbiz.de/10009679014
This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first … is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how …-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential …
Persistent link: https://www.econbiz.de/10014023514
) defensive actions permitted by tort doctrine? To address these questions I will build on the property and liability rules … rules are socially preferable to liability rules in low transaction cost settings, because they obviate costly defensive …
Persistent link: https://www.econbiz.de/10013129164
Courts apply compensatory damages, restitution, and punitive damages to formulate litigants' civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often...
Persistent link: https://www.econbiz.de/10013123105
Despite common claims made in policy debates, the theoretical connection between tort reform and medical malpractice insurance premiums is ambiguous. Simple models suggest reforms such as statutory damages caps reduce premiums. More elaborate models that account for changes in physician behavior...
Persistent link: https://www.econbiz.de/10013097688
This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...
Persistent link: https://www.econbiz.de/10013098841
This paper presents a largely positive analysis of products liability law, in the sense that it aims to predict the … liability law that should be reformed. In contrast with the prevailing law and economics literature suggesting that products … liability law reduces social welfare, I argue that the law probably improves social welfare, though it is in need of reform in …
Persistent link: https://www.econbiz.de/10013103297
This Article addresses the normative issues raised by the use of statistical sampling to adjudicate large case aggregations. In its recent decision, Wal-Mart Stores, Inc. v. Dukes, the Supreme Court referred to sampling pejoratively as “Trial by Formula.” This Article argues that the...
Persistent link: https://www.econbiz.de/10013108713
The purpose of this paper is to demonstrate that current French international public policy no longer condemns punitive damages by principle. French substantive law is discussed before being evaluated how it fits into comparative and international perspectives
Persistent link: https://www.econbiz.de/10013082881
Persistent link: https://www.econbiz.de/10013074576