Results 61 to 70 of about 63,741 (242)
Why Bulk Discount for Multiple Offenders? A Lexical Local Justification
This paper offers an original non‐consequentialist justification for the ‘bulk discount’ given to offenders who are sentenced for multiple counts in a single proceeding, a discount that is available in most jurisdictions. Existing justifications for this practice face serious objections. I propose a new account, ‘Lexical Local Justification’.
Peter Chau
wiley +1 more source
Tort Reform and Accidental Deaths [PDF]
Theory suggests that tort reform could have either of two impacts on accidents. First, reforms could increase accidents as tortfeasors internalize less of the costs of externalities, and thus, have less incentive to reduce the risk of accidents.
Shepherd, Joanna M., Rubin, Paul H.
core
Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited
The question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law.
Pieter Gillaerts
doaj +1 more source
Türk Borçlar hukukunda “borca aykırılık” ile “hukuka aykırılık” kavramı, İslam hukukunun klasik kaynaklarında teaddî kavramıyla ifade edilmektedir. Ancak İslam hukukundaki bu kavram, Türk Borçlar hukukunda sözleşmeden doğan sorumluklarda “borca aykırılık”
Kamil Yelek
doaj +1 more source
Post‐Breach Events, Itemisation and the Avoided Loss Rule
In English law, the following equation is used to compute damages awards: (a) loss sustained in consequence of the breach of duty (‘prima facie loss’) minus (b) benefits obtained as a result of the breach of duty = (c) net loss. This paper explores the manner in which prima facie loss is defined.
Melody Hadfield
wiley +1 more source
Incidence, Risk, and Disclosure of Corporate Litigation: Insights from Federal Court Filings
ABSTRACT We assemble and describe a sample of 174,782 lawsuits filed against 218,437 public‐company lawsuit‐defendants in federal district court from 2006 to 2021. These lawsuits involve an array of allegations, including product liability, civil rights discrimination, contract breaches, improper compensation and labor practices, antitrust violations ...
MARY BROOKE BILLINGS +3 more
wiley +1 more source
Uncertain Causation in Tort Law [PDF]
The article analyses the contribution made to the debate on causal uncertainty by the volume 'Uncertain Causation in Tort Law', edited by Miquel Martín-Casals and Diego M Papayannis. After a brief sketch of the contents of the volume, the paper explores
INFANTINO, MARTA
core +1 more source
: There are 2 (two) forms of liabilities which acknowledged by Civil Law, the first one is contractual based liability and the second one is tort based liability. If there is a liabilty based on an event which fulfill the elements as known in tort theory,
Gratianus Prikasetya Putra
doaj +1 more source
ABSTRACT This paper investigates the strategic engagement of global union federations (GUFs) with emerging human rights due diligence (HRDD) legislation as a mechanism of transnational labour governance. Drawing on a multimethod qualitative design—including legal and document analysis and interviews with union officials—the study identifies six ...
Ingrid Landau +2 more
wiley +1 more source
Punitive Damages and the Processing of Tort Claims [PDF]
Punitive damages are one of the most controversial aspects of tort litigation and have been the subject of various theoretical, empirical, and experimental studies. One criticism of punitive damages refers to the effect that they have on civil litigation
Susette M. Talarico +2 more
core

