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Laws governing relations between spouses have undergone profound changes that continue to revolutionize the standards and procedures for dissolutions of marriage. The most dramatic changes in divorce law have come from the advent of no-fault divorce, the decline in spousal maintenance awards,...
Persistent link: https://www.econbiz.de/10012771951
The doctrine of contributory negligence reduces the compensation which the victim of a wrong receives where the victim was partly to blame for his or her own damage. The doctrine is one of the most important rules in England private law. It is frequently relied on by defendants both in...
Persistent link: https://www.econbiz.de/10012968039
justice theory, Robert Stevens's rights theory, and Richard Posner's economic theory. This article begins by explaining why it …
Persistent link: https://www.econbiz.de/10012969497
from both tort and contractual liability, private actors, such as Galileo in the EU and QZSS in Japan, are generally not … immune from liability. In order to enhance private GNSS businesses, there is an international debate as to whether it is … necessary to set up a new treaty on the liability of GNSS managers. This paper provides a basic economic analysis of the legal …
Persistent link: https://www.econbiz.de/10013003229
The aim of this paper is to demonstrate that liability on the part of a person of unsound mind in respect of an act …, he is not in possession of all their faculties. Regulations providing for liability on the part of the person of unsound … the risk of liability in cases where he commits an unlawful act. Liability linked to the choice of level of activity would …
Persistent link: https://www.econbiz.de/10013004132
Persistent link: https://www.econbiz.de/10013048313
Author concerns himself with the question whether it is desirable that law only promotes economic goals. Acceptance of Posner's wealth maximization principle implicitly leads also to acceptance of current distribution of wealth and income. Calabresi doubts that acceptance of the latter is...
Persistent link: https://www.econbiz.de/10013057127
When punitive damage awards create publicity, this could affect the behavior of uncompensated victims, which has implications for the optimal punitive damage multiplier. A new adjusted multiplier is derived that incorporates publicity into the analytical framework. Assuming that all victims...
Persistent link: https://www.econbiz.de/10012925588
Under the but-for requirement of causation, a tort injurer cannot be held liable for more than the difference between the loss the victim would have suffered if the injurer had not been negligent, and the loss actually suffered by the victim. We ask whether this causation requirement yields...
Persistent link: https://www.econbiz.de/10012933759
the heart of legal theory. Early economic analysis of tort law accomplished this fit through insistence on several … scholarship created a novel form of legal theory, intimately connecting legal scholarship with economic research. Once these … positive theory of tort law, which was the key element invigorating economic analysis as a legal theory …
Persistent link: https://www.econbiz.de/10013238499