Showing papers on "Damages published in 1969"

Damage Measures and Economic Rationality: The Geometry of Contract Law

Abstract: The question of damage measures presented by the conscious decision of a promisor to breach a losing contract raises one of the most perplexing conceptual problems in contract law. Recognizing the present inability of the courts rationally to resolve the problem, as illustrated by the opposing decisions in Groves v. John Wunder Company and Peevyhouse v. Garland Coal and Mining Company, the author undertakes to examine the premises of contract law with a fresh perspective-economic analysis.

Age of the Living Dead: Personality Rights of Deceased Celebrities

Abstract: This article examines the legal issues arising from digital technology that allows filmmakers to create features starring flawlessly rendered images of deceased celebrities, known as "synthespians." Recent developments in the law of personality rights in California have established that deceased stars' personality rights extend beyond death, permitting heirs to seek damages for wrongful uses. In Canada the tort of misappropriation of personality has been extended after death both at common law and in the privacy acts of some provinces. This article examines instances where courts have ruled against uses, often where there has been commercial exploitation, of the dead actor s persona and concludes with recommendations on strategies to regulate this area of the law.

Punitive and Aggravated Damages in Canada

Abstract: The author surveys the law of punitive damages with reference to the conduct of the parties and discusses the types of causes of action giving rise to these damages, their pleading and their assessment. In· concluding that punitive damages are a proper consideration for tort law, the author sets out seven propositions which, if followed in defining the limits of punitive damages, would result in more uniformity in this area of the law.

Authorization of Torts

Abstract: In English law—and Israel law in this respect follows English law—there is a firm principle that a person who collaborates in the commission of a tort by another is considered as having concurrently caused the tort along with that other, even if his participation is merely indirect—as in influencing the person actually committing the tort by stimulating or strengthening the latter's desire to commit it. This hypothesis, the hypothesis of indirect participation, is related in our law to the principle that liability in torts is not limited to compensation for damages of which a person's act was the sole cause, but it may be imposed if the act was one of the causes. The principle, which is expressed in sec. 64 of the Civil Wrongs Ordinance (New Version), seems to have its roots in the theory of equivalence of conditions. According to this latter theory, but not according to it alone, there is no reason for denying X's liability simply because Y is also liable, or because the causal effect of Y's act or his culpability is likely to be regarded as greater than that of X. Neither is any distinction to be made between direct participation and merely indirect participation, that is to say, between participation in the actual commission of the tort on the one hand and influence on the person actually committing the tort on the other.

Contemporary Approaches to Compensating Female Tort Victims for Incapacity to Work

Abstract: This article explores the developing area of the compensation of female tort victims. This area has been marked by the under-compensation of female victims. The author examines some of the reasons for this under-compensation. The author also addresses recent attempts by the judiciary to eliminate any gender bias or stereotypical assumptions about women when assessing damages for incapacity to work.

Will That Be Performance - Or Cash: Semelhago v. Paramadevan and the Notion of Equivalence

Abstract: This article discusses the manner in which the Supreme Court of Canada assessed damages in Semelhago v. Paramadevan, a dispute arising from a breach of contract for sale of land. The author analyzes the decision as it affects established real estate law and principles governing judicial remedies available in contracts. Before Semelhago, specific performance was normally granted as all land was presumed to have no substitute and therefore, damages were considered to be inadequate. As a result of the decision in Semelhago, the plaintiff, whether vendor or purchaser, is now required to adduce evidence that the specific property in question is unique. The plaintiff retains the right to request specific examine performance or damages and can make her election any time up until the date of the trial. The author discusses when the value of the property should be assessed and the deductions that should be included in the final judgment. He also outlines the confusion and uncertainty this judgment has created and how the plaintiff is overcompensated by using thisformula. A solution to this dilemma is presented.

Compensation for Surface Rights in Alberta

Abstract: The authors advocates a new method of assessing compensation under the Alberta Surface Rights Act. This method, termed the "global approach" has found acceptance in the courts, as it has been difficult to give fair awards only using the heads of damages listed in the Surface Rights Act. The authors explain these difficulties and the advantages of the "global approach".

Termination of Employment

Abstract: If as Parliamentary critics would have us believe, more and more Canadians are soon to become "consumers of social services", Professor Harrison's article is indeed timely. In the following pages one aspect of the law of master and servant is explored—that of termination of employment. Looking at both the employee's position and that of the employer, the author discusses the rights and obligations of each when the employment contract has, or is about to be, terminated. Difficult aspects of this area of the law—wrongful dismissal, the defences, the bars, the appropriate period of notice, and the quantum of damages are all discussed, both in their historical context and against the social policies and pressures of today.

Recent developments in US law: Remedies and damages for improper patent listings in the fda's Orange Book

Abstract: The Drug Price Competition and Patent Term Restoration Act (Publ. No. 98-417, 98 Stat. 1585 (1984)), commonly known as the Hatch–Waxman Act (the Act) provides the statutory framework by which most generic drugs are approved for marketing in the USA. Most provisions in the Act concern the standards and procedures the US Food and Drug Administration (FDA) must follow to approve generic drugs. A relatively small number of the provisions, however, create a framework for resolving patent disputes between the brand and generic pharmaceutical companies. These provisions have been the subject of much recent activity, in the US Courts, in Congress, in the FDA itself and in the White House. Much of the activity revolves around a publication by FDA entitled Approved Drug Products with Therapeutic Equivalence Evaluations , known colloquially as the Orange Book . Under present FDA practice, the mere listing of a patent in the Orange Book corresponding to a brand pharmaceutical product invokes a number of statutory provisions that confer valuable exclusivity rights on the brand company, and also possibly on one or more generic companies. This situation creates a strong incentive for patentees and brand pharmaceutical companies to list patents in the Orange Book. A number of recent court cases have addressed the remedies and damages available when the listing is found to be improper. Thus far, the most successful means to challenge or prevent improper listings has been through private and governmental enforcement of the antitrust laws.

International liability for damages caused by the launching of objects into outer space.

Abstract: International legal liability for personal injury or property damage caused by space activities

Contracts Discharged through Breach: Restitution for Services Rendered by the Innocent Party

Abstract: The author examines the autonomous claim in unjust enrichment available to a party who has elected to treat a contract as discharged because of the defendant's fundamental breach. In this context, he concentrates upon the claim in respect of services rendered and addresses the primary questions that arise in the law of restitution: What factor renders the defendant's enrichment unjust? Has the defendant in fact been enriched? How should the defendant's enrichment be valued? The author suggests answers to these basic questions, but he also tries to show that there is little need to give a plaintiff, faced with a repudiatory breach, an alternative claim in restitution. The plaintiff should be restricted to a claim for damages for breach of contract. The plaintiff has chosen to make the contract on the terms agreed and there is nothing unfair in limiting the remedies to that bargain.

Kinzua Dam: a Study in the Congressional Disruption, Relocation-Resettlement, and Rehabilitation of the Seneca Nation of Indians

Abstract: This thesis embraces four major topics coinciding with the four considerations designated in President John F. Kennedy's letter to President Basil Williams of the Seneca Nation and the reactions to those items generated during numerous hearings of the House Subcommittee on Indian Affairs. The four topics covered in the President's letter include the possibility of acquiring adjacent property, commonly referred to as "in lieu of" lands, to replace the Indian real estate taken for the Allegheny Reservoir; a review of the reservoir's recreational potential for the benefit of the Seneca Nation; special damages accruing to the Senecas for the loss of their land; and relocation and resettlement.

Internação compulsória de usuários de crack no Brasil: prós e contras

Abstract: This study evaluated the advantages and disadvantages of compulsory hospitalization of crack users in Brazil through the opinions of managers, media and politicians involved in the debate. This is an argumentative work. A literature review considering favorable and unfavorable arguments and individual and social impact was held. The main arguments against compulsory hospitalization are related to disregarding patient autonomy, financial interests and hygienist policies; favorable arguments include the health regain of the dependent, and the protection of the person, his family and the society against damages resulting from the drug use. The compulsory hospitalization, in some cases, aims to protect, as it is indicated when the individual poses risks to himself and others; however, the health care is able to provide appropriate treatment through outpatient services, which have the structure to treat addiction without depriving the liberty of the patient.

A stochastic model of wildfire ignitions and damages

Abstract: A model of the production of wildfire ignitions and damages is developed and used to determine wildland activity-regulation decisions whjch minimize total expected cost-plus-loss due to wildfires. Tn tlus context, the implications of various policy decisions are considered. The resulting decision rules take a fo rm which makes it possible for existing wildfire management agencies to readily adopt them upon collection of the required data.