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areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the … dynamic, information-forcing role for common law tort liability in the realm of climate change litigation. In this model …
Persistent link: https://www.econbiz.de/10013289199
A deeply entrenched principle in the law of fraud and negligent misrepresentation provides that damages can be recovered only upon a showing of reliance. To prevail, plaintiffs must not only establish the mere falsity of a statement, but also show that they had acted upon the statement and...
Persistent link: https://www.econbiz.de/10013061590
There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires...
Persistent link: https://www.econbiz.de/10014123534
nudge clinicians to use PDAs with their patients: the monetary incentive of a professional liability insurance premium … Empowering PatientsC. Too Few Clinicians Use PDAsIII. Medical Liability Insurers Should Incentivize Clinicians to Use PDAs by …-Reducing ConductB. Offering Premium Discounts Will Spur Wider PDA UptakeIV. PDAs Reduce Liability Risk from Negligent Nondisclosure …
Persistent link: https://www.econbiz.de/10013230498
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plaintiffs, have faced an increasing number of large-dollar liability claims centered on the aggregate settlement rule: that is …
Persistent link: https://www.econbiz.de/10012998666
interaction between EU/EEA rules on procurement remedies and the more general principle of State liability for breaches of EU …
Persistent link: https://www.econbiz.de/10012862754
The EFTA Court adopted two recent Judgments on the liability thresholds for damages claims for breaches of EU … liability and found that ‘A simple breach of public procurement law is in itself sufficient to trigger the liability of the …
Persistent link: https://www.econbiz.de/10012862758
critically examine the most salient of the aims professed for tort liability: preventing socially inappropriate risk … conclude that, with appropriate reforms, the system of tort liability can usefully serve a deterrence function, complementing … intervention, scope of sanctions, and scale of enforcement and the related questions about predicating liability solely on risk …
Persistent link: https://www.econbiz.de/10014075159
procurement law is in itself sufficient to trigger the contracting authority's liability in damages (Fosen-Linjen). I argue that … Court. The latter held that the liability of a contracting authority for the breach of EU public procurement rules under the … remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a …
Persistent link: https://www.econbiz.de/10014115895