Results 81 to 90 of about 280,905 (269)

The Effect of Joint and Several Liability on the Bankruptcy Rate of Defendants: Evidence from Asbestos Ligation [PDF]

open access: yes
The Effect of Joint and Several Liability on the Bankruptcy Rate of Defendants: Evidence from Asbestos Litigation - Under the doctrine of joint and several liability, if two defendants jointly share a liability and the first becomes insolvent, his unpaid
Anup Malani
core  

LEGAL AND ECONOMIC ASPECTS OF TORT LAW IN AMERICA AND FRANCE

open access: yesStrani pravni život, 2009
The subject of analysis in this study are the legal and economic aspects of the tort law in America and France. In the first part of the study, the author shows modern insights of an economic analysis of the tort law in America.
Aleksandar Mojašević
doaj  

Tort Litigation against Transnational Corporations in the English Courts: The Challenge of Jurisdiction

open access: yesUtrecht Law Review, 2018
In recent decades, some jurisdictions have shown a growing trend of private claims alleging direct liability of parent companies for overseas human rights abuses (‘Tort Liability Claims’).
Ekaterina Aristova
doaj   +1 more source

Comparative Vigilance: a Simple Guide [PDF]

open access: yes
In this paper we discuss a new tort liability rule, which we call super-symmetric comparative negligence and vigilance. When both injurer and victim in an accident are negligent, it provides for liability shares that depend on the degrees of negligence ...
Allan M Feldman, Ram Singh
core  

The Equivalence of Strict Liability and Negligence Rule: A « Trompe l'œil » Perspective [PDF]

open access: yes
This paper analyzes the difficulties of comparing the respective effectiveness of two among the most important liability regimes in tort law: rule of negligence and strict liability.
Gérard Mondello
core  

Legătura de cauzalitate în răspunderea delictuală pentru faptă proprie în dreptul comparat – dificultăţi de traducere și interpretare/ Causation in Comparative „Tort of Negligence” – Translation and Interpretation Difficulties

open access: yesAnalele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice
he notion of „tort law” has become the generic term for several characteristics related to tortious liability in Europe, without being strictly defined. Correlating this notion with the term „delict” or non-contractual liability, we notice that we cannot
Ana-Maria CARABINERU
doaj   +1 more source

Licensee’s liability for illegal use of an intellectual property object

open access: yesСеверо-Кавказский юридический вестник
Introduction. The license agreement assumes the use of the object of intellectual rights strictly within the limits determined by the agreement of the parties. The licensee's going beyond these limits affects both the contractual sphere and the exclusive
К. S. Ponedelnik
doaj  

Limiting Limited Liability [PDF]

open access: yes
Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability cap ...
Giuseppe Dari-Mattiacci
core  

The evolution from strict liability to negligence: Implications for the tort of private nuisance - Part 2

open access: yes, 2020
Part 1 of this article considered the broad shift in the law of tort away from a strict liability, “act at peril” approach in favour of a fault-based system of liability, best shown in the explosive growth of the tort of negligence (see: "The evolution ...
Gray, Anthony
core   +1 more source

Adequate and Proximate Cause vs Scope of Liability: A Comparative Analysis Between the U.S. Third Restatement of Torts and Colombian Supreme Court Decisions from 2016 to 2018

open access: yesDos Mil Tres Mil
This paper contrasts Colombian Supreme Court decisions from 2016 to 2018 with curren U.S. trends on proximate cause or scope of liability included in the Third Restatement of Torts.
Daniel Vásquez Vega
doaj   +1 more source

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