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COVID-19 : Examining China's Liability under International Law

Usulor, Chukwuebuka - 2020

concerning the liability of the Republic of China over the spread of the novel Coronavirus. There have been arguments as to … international community thereby incurring liability. It also argues that the Republic of China may raise the principle of State … Sovereignty as a defence and shield against any liability arising from legal proceedings instituted against it …

Persistent link: https://www.econbiz.de/10014094757

Chapter 4 Litigation

Spier, Kathryn E. - In: Handbook of law and economics : volume 1, (pp. 259-342). 2007

The purpose of this chapter is to survey the academic literature on the economics of litigation and to synthesize its main themes. The chapter begins by introducing the basic economic framework for studying litigation and out-of-court settlement. One set of issues addressed is positive (or...

Persistent link: https://www.econbiz.de/10014023512

The Blockbuster Punitive Damages Awards

Viscusi, W. Kip - 2012

This paper provides an analysis of 64 punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, as two states account for 27 of the 64 awards. The awards also have been rising...

Persistent link: https://www.econbiz.de/10014029349

Principal-Agent Liability

Polinsky, A. Mitchell - 2003

some of the principles of liability from earlier chapters when harm is caused by an agent who is under the supervision of a … principal. The primary questions addressed are: Is the optimal level of liability different when harm is caused by an agent of a … principal rather than by a single actor? Should liability be imposed on the principal, the agent, or both? If on both, what is …

Persistent link: https://www.econbiz.de/10014082548

Negligence Without Harm

Adar, Yehuda; Perry, Ronen - 2022

The colloquial phrase “no harm, no foul” captures one of the most fundamental tenets of negligence law: the tort is incomplete and there can be no legal redress without proof of actual harm. Mere exposure to risk, even when it is foreseeable and unreasonable, is not actionable. The Article...

Persistent link: https://www.econbiz.de/10013299354

The Implications of Presuming Reliance in Class Action Litigation

Madison III, Benjamin V. - 2022

Considering the problematic nature of the judicial trend in attempting to avoid class action certification problems by adopting a reliance presumption in class actions, this paper argues that without careful limitations, courts risk compromising Federal Rule of Civil Procedure 23's commonality...

Persistent link: https://www.econbiz.de/10013300259

On the Complementarity between Law and Social Norm : A Model Analysis with Special Reference to the Liability Rule for Tort

Tsuneki, Atsushi - 2010

How the law and the social norm interact with each other in the legalized modern society, whether the law completely replaces the pre-existing social norm or they coexist, and whether their interaction achieves an efficient system of social rules or there is innate inefficiency, have remained...

Persistent link: https://www.econbiz.de/10013149376

Strategic Incentives in Non-Coasean Litigation

Hovenkamp, Erik; Salop, Steven C. - 2021

We consider strategic behavior in non-Coasean litigation: private disputes such that the court's judgment may influence the final allocation of rights even if transaction costs are zero. This occurs when the law prohibits otherwise-profitable efforts to contract around the court's judgment. This...

Persistent link: https://www.econbiz.de/10013231047

Resolving UN Torts in US Courts : Georges v United Nations

Anthony, Dr Dorothea - 2023

This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...

Persistent link: https://www.econbiz.de/10014344204

Negligence, Causation, and Incentives for Care

Hylton, Keith N.; Lin, Haizhen - 2014

We present a new model of negligence and causation and examine the influence of the negligence test, in the presence of intervening causation, on the level of care. In this model, the injurer’s decision to take care reduces the likelihood of an accident only in the event that some...

Persistent link: https://www.econbiz.de/10014043797