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Why are the civil remedies at common law which delivery up specific moveable property to another with greater right to possess so narrow in English law? Historically the equitable remedy of specific restoration returned property more easily than even the rule today; the common law remedy remains...
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unable to pay its creditors in full, the principles of separate legal personality and limited liability mean that a parent … principles of corporate separateness can be ignored and liability be extended beyond the insolvent subsidiary to the solvent … corporate shareholder. The support for enhanced liability is clear and represents an uncommon convergence of opinion and …
Persistent link: https://www.econbiz.de/10012828301
and civil law courts to keep liability exposure on check and the use of duty in case of common law and causation for civil …
Persistent link: https://www.econbiz.de/10012999274
Although data breaches at large corporations are the ones that make the news, smaller businesses, easy prey for hackers, are just as likely to be targeted. Small businesses have neither the financial resources nor the technological skills to mount multi-faceted defenses against cybercriminals....
Persistent link: https://www.econbiz.de/10012916400
In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido … liability rules. Their article has become one of the cornerstones of modern legal scholarship, and the influence of the theory … explored experimentally. To remedy this knowledge gap, we conducted a series of controlled experiments on liability and …
Persistent link: https://www.econbiz.de/10014173756
This study examines the impact of tort reform on minority access to medical care. Past research has investigated tort reform, but this is the first study to consider minority healthcare access. I examine 261 Metropolitan Statistical Areas (MSAs) from 1993-2000 to test the impact of non-economic...
Persistent link: https://www.econbiz.de/10014182059
The relationship between fundamental rights and intellectual property has long been recognised. The rights to life and to health have been understood as relevant to debates about the patenting of biotechnological inventions and the right to freedom of expression has had an impact in both...
Persistent link: https://www.econbiz.de/10014185292
A mock trial setting provides a superb opportunity for students to apply their economic knowledge. This format utilizes a team approach in which parties representing the plaintiff and defense provide calculations of economic damages, which are presented before a jury. Because this exercise...
Persistent link: https://www.econbiz.de/10014201071
justification of corporate liability. Traditionally, corporate theory revolved around the dichotomy between the fictional or real … corporate liability for torts and criminal offences. More recent approaches such as the nexus of contracts theory …, stakeholderism, and asset partitioning also offer insights that could influence corporate liability, although their potential remains …
Persistent link: https://www.econbiz.de/10014254629