Results 11 to 20 of about 5,654,607 (215)

Innovation, Tort Law, and Competition [PDF]

open access: yesJournal of Institutional and Theoretical Economics, 2012
We examine the link between innovative activity on the part of firms, the competitive pressure to introduce innovations, and optimal damages awards. While innovative activity brings forth valuable new products for consumers, competitive pressure in the ensuing innovation race induces firms to launch innovations too early, thereby raising the likelihood
Baumann, Florian, Heine, Klaus
openaire   +5 more sources

Extending the role of Tort as a means of environmental protection: An investigation of recent developments of the law of Tort and the European Union [PDF]

open access: yes, 1999
This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University.The purpose of this thesis is to determine the extent to which it is possible to develop an environmental role for the law of tort.
Wilde, Mark Laurence
core   +7 more sources

Politico-economic determinants of tort reforms in medical malpractice [PDF]

open access: yes, 2015
The U.S. tort system has experienced various reforms during the last three decades. While there is a broad literature on the consequences of these reforms, very little is known about their determinants. In this study, we investigate the politico-economic
Stutzer, Alois, Matter, Ulrich
core   +1 more source

The Determination of Applicable Law to Torts based on “the Law which is more closely connected”

open access: yesPublic and Private International Law Bulletin, 2021
Legislations stipulate that the law applicable to torts is lex loci delicti commissi, i.e., the law of the place where the tort is committed. In the case that the law of the event leading to damage differs from the law of damage, then lex loci damni, or,
Sibel Özel
doaj   +1 more source

The Tort Law Industry

open access: yesEuropean Review of Private Law, 2009
Abstract: Tort law is fast becoming ‘big business’. Hardly a week goes by without some lawyer or other launching a mass claim to redress a perceived injustice. Investors, too, are starting to recognize the commercial potential of tort law. Coinciding with the increasing commercialization of tort law, is growing support amongst European policy makers ...
openaire   +4 more sources

The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach [PDF]

open access: yesYearbook of Antitrust and Regulatory Studies, 2020
The purpose of the Polish Act on Claims for Damages for Remedying the Damage Caused by Infringements of Competition Law, based on and implementing EU law – the Damages Directive, was to enable undertakings to effectively use private enforcement of their ...
Marta Mackiewicz
doaj   +1 more source

Tracing the Permission to Act in Necessity in the Germanic Tradition

open access: yesUniversity of Vienna Law Review
Germanic law accepts that some acts of necessity are permitted ('justified acts of necessity', or, in German, 'gerechtfertigte Notstandshandlungen'). The present article shows the intellectual history of this rule and what may be learned from it.
David Messner-Kreuzbauer
doaj   +1 more source

Assessment of Elements of Abuse of Authority (Detournement De Pouvoir) Based on the Decision of the Constitutional Court

open access: yesJurnal Konstitusi, 2023
Detournement de pouvoir was regulated in administrative and criminal law. However, the assessment of it was often confused. Therefore, the Constitutional Court through Decision 25/PUU-XIV/2016 provides a line of demarcation in assessing the element of ...
Muhammad Reza Baihaki
doaj   +1 more source

Pertanggungjawaban Pemilik dan Pengguna atas Kerusakan yang Diakibatkan oleh Hewan Peliharaan: Studi Perbandingan Hukum Indonesia dan Jerman

open access: yesAsy-Syir'ah, 2017
: 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

Intersections of judicial collective redress and corporate restructuring law:

open access: yesEuropean Insolvency and Restructuring Journal
Two rapidly developing fields of private law - corporate restructuring law on the one hand and judicial collective redress on the other - may intersect.
Arwin Tavakolnia
doaj   +1 more source

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