Showing papers on "Damages published in 1970"

Products Liability: Trends and Implications

Abstract: The use or consumption of various products, from aircraft engines to lathes and hairsprays, often results in accidents and injuries, sometimes to the purchaser and sometimes to third parties. The problem of allocating these losses-a problem which lawyers label "products liability"-has for many years been a subject of great concern. The losses referred to have usually resulted from injuries to persons or property, though in recent years the damages considered have sometimes included what has been termed "economic loss"-the loss suffered by a user because a product did not provide the expected services. 2 In choosing among alternative products liability arrangements, one must consider the effects of these arrangements (1) on fairness or equity, and (2) on the behavior of various persons affected and hence on resource allocation. Suppose some innocent non-drinking by-

Damages for personal injuries and death

Abstract: "Damages in general. Damages for pecuniary loss. Deduction and set-offs against pecuniary loss. Set off of Social Security Benefits. Damages for personal loss: disablement, pain and loss of the employment of life. Damages on death. Practice and procedure. Illustrations of the quantum of damages. Appendices. Index."

Penal purposes in the law of tort

Abstract: Compensation for damage done and restoration of the status quo ante are still tlle most important accredited principles for awarding damages in tort. For a legal system to follow these principles alone and to exclude all others from the determination of the kind and scope of tort liability is certainly conceivable. Theoretically, such a limitation may be desirable since it promotes clarity and is consonant with a strict separation of tort and criminal law.' But in the context of a comparative study, no such easy and consistent orientation of the law of torts can be assumed. In numerous legal systems, tort liability serves other objectives as wvell, objectives which supplement the two main ones, and which may sometimes even gain preponderance. Most prominent among these are (i) vindication of the law's authority by condemning the actor's conduct, particularly by punishing the tortfeasor, and (ii) prevention through deterrence and education of the wrongdoer. These objectives are closely linked with each other. They can be seen as different emphases of a single principle; namely, that private law should promote, besides compensation and restoration, the independently significant purpose of controlling unlawful conduct. The following observations constitute an attempt to discover, by comparing different legal systems, the extent to which the objectives of punishment and "satisfaction," deterrence and education of the tortfeasor remain operative in modern tort law.

Hudson's building and engineering contracts: Including the duties and liabilities of architects, engineers and surveyors

Abstract: Volume 1: General principles of law architects, engineers and surveyors tenders and estimates performance acceptance and defects approval satisfaction and certificates variations price and damages. Volume 2: Time for performance penalties and liquidated damages vesting and seizure of materials and plant forfeiture and determination sub-contracts assignment insurance and indemnities bankruptcy and liquidation bonds and guarantees arbitration.

Study of box-beam median barrier accidents

Abstract: STUDY WAS PERFORMED TO EVALUATE THE EFFECTIVENESS OF A NEWLY INSTALLED BOX-BEAM MEDIAN BARRIER WITH RESPECT TO ITS ABILITY TO SUSTAIN VEHICLE DAMAGES AND PREVENT MEDIAN CROSSINGS. APPROXIMATELY 9.4 MILES OF BOX BEAM MEDIAN BARRIER WAS INSPECTED MONTHLY FOR A 12-MONTH PERIOD AND DAMAGES WERE CLASSIFIED AND RECORDED. OF THE 204 DAMAGES RECORDED, 153 (75 PERCENT) WERE CLASSIFIED AS MINOR, 41 (20 PERCENT) MEDIUM, AND 10 (15 PERCENT) MAJOR, ONE OF WHICH WAS A BREAKTHROUGH. THE DAMAGES SUSTAINED BY THE BOX-BEAM BARRIER REFLECT ITS DESIGN CONCEPT, I.E., STRONG RAIL AND WEAK POSTS. EIGHTY-FOUR PERCENT OF ALL THE BOX-BEAM DAMAGES WERE NOT REPORTED TO THE POLICE, INDICATING THAT MOTORISTS WHO HIT THE BOX-BEAM BARRIER WERE ABLE TO MAINTAIN CONTROL OF THEIR VEHICLES AND CONTINUE ON THEIR TRIPS. /AUTHOR/

Recognition of benefits to remainder property in highway valuation cases

Abstract: RESEARCH WAS CONDUCTED TO PROVIDE INFORMATION ABOUT THE TRIAL ASPECTS OF BENEFITS IN HIGHWAY RIGHT-OF-WAY CONDEMNATION VALUATION TRIALS. THE CASES CITED ARE PRIMARILY DEALING WITH HIGHWAY RIGHT-OF-WAY ACQUISITIONS AND ARE CONFINED TO THOSE SITUATIONS WHERE THE HIGHWAY IMPROVEMENT IS TO BE PAID SOLELY FROM PUBLIC FUNDS AND NOT FROM SPECIAL ASSESSMENTS OR BETTERMENT TAXES IMPOSED UPON THE LAND BENEFITED BY THE IMPROVEMENT. THE BENEFITS ARE ANALYZED AS GENERAL AND SPECIAL. THE ACCEPTABLE EVIDENCE OF VALUE CONCEPTS ARE REVIEWED. THE CASE OF FARRELL V. STATE HIGHWAY BOARD IN VERMONT RULED THAT A LANDOWNER WHOSE PORTION OF LAND WAS BEING TAKEN SHOULD NOT BE PENALIZED WHEN THE PROPERTY OWNERS ACROSS THE STREET WHOSE LAND WAS NOT TAKEN, WOULD REAP THE FULL HARVEST OF BENEFITS. THE VERMONT SUPREME COURT ORDERED THE TRIAL COURT TO STRIKE THE $35,000 IN BENEFITS BECAUSE THEY WERE CONSIDERED GENERAL AND AWARD THE LANDOWNER $45,000 IN DAMAGES WITHOUT OFFSET. AFTER A VALUATION WITNESS HAS STATED HIS OPINION OF THE PARTICULAR HIGHEST AND BEST USE OF A PIECE OF PROPERTY, BUT IT IS NOT ZONED TO PERMIT THAT USE, TESTIMONY IS REQUIRED CONCERNING THE PROBABILITY OF REZONING. IN THE ZONING CASES, THE ISSUE OF HIGHEST AND BEST USE IS RECOGNIZED AS A MATTER OF OPINION TO BE SUBSTANTIATED BY WHATEVER KNOWLEDGE OR EXPERIENCE THE EXPERT HAS. THE COURT HELD IN PEOPLE V. HURD THAT SINCE REASONABLE PROOBABILITY OF REZONING MAY BE TAKEN INTO CONSIDERATION IN FIXING PRESENT MARKET VALUE OF THE PROPERTY TO BE TAKEN, IT MAY ALSO BE CONSIDERED IN DETERMINING THE MATTER OF SPECIAL BENEFITS. THE LIBERAL PRINCIPLES ESPOUSED IN THE PROBABILITY OF REZONING CASES ARE PARTICULARLY APPLICABLE WHEN ARGUING FOR THE INTRODUCTION OF EVIDENCE TO PROVE THE VALUE OF THE REMAINDER. INSTRUCTIONS ARE DISCUSSED AS ONE OF THE MOST IMPORTANT FACETS OF ANY SUCCESSFUL CONDEMNATION TRIAL. SEVERAL SUGGESTED INSTRUCTION FORMS ARE PRESENTED.

The Meaning of Censorship and Libel in the Soviet Union

Abstract: Party management and glavlit's censorship have precluded attempts to put press operation within a legal framework; unlike in U. S., libel statutes do not provide for damages or for truth as a defense.

Peruvian Domestic Law Aspects of the La Brea y Pariñas Controversy

Abstract: In the renowned La Brea y Parinas controversy, the North American public has consistently assumed, Professor Furnish says, that Peru acted arbitrarily in effectively rendering the International Petroleum Corporation (IPC) without compensation for the expropriated oilfield. The legal mechanism utilized was granting IPC compensatory damages, but offsetting the award with a restitutionary claim for the deletion of the resources of the tract by IPC under a claim of title which Peru deems invalid. It is Professor Furnish’s view, elaborated in this article, that there is a solid basis in Peruvian domestic law for most of what Peru has done in this affair.

Indemnity and Insurance Clauses in Joint Venture, Farmout and Joint Operating Agreements

Abstract: Many oil and gas operations conducted under a joint venture agreement are accompanied by liabilities for losses and damages, and parties to the joint venture look to the agreement to determine responsibility for such liabilities. The indemnity clause is a common contractual method of allocating liability. In addition to a contractual indemnification, the party being indemnified takes a covenant from the indemnitor that he will obtain insurance against the risk of liability. This article discusses the use of indemnity and insurance clauses in joint venture agreements and analyzes the problems which are most often encountered in the drafting of indemnity and insurance clauses in joint venture agreements.

Foreign Torts and English Courts: I. The Effect of Chaplin v. Boys

Abstract: THE House of Lords has now delivered judgment in the important case of Chaplin v. Boys.' It will be recalled that the appellant and respondent were both British servicemen temporarily posted to Malta. As a result of the former's negligence, the latter was quite seriously injured in a road accident in Malta. Both were off duty at the time of the accident. The Royal Air Force continued to pay the respondent his full pay as a serviceman until the date of his discharge as a result of the injuries he had suffered. The respondent, by virtue of his service training and expertise, obtained a better-paid post in civilian life than that which he had held in the services. In due course, he brought an action in England against the appellant. Maltese law differed from English law in that, while it gave the respondent a right of action to recover pecuniary loss, it did not give any right to compensation for pain and suffering. Were English law to apply, the damages would have been ?2,303; were Maltese law to apply, so that compensation for pain and suffering would be excluded, then only ?53 special damages would be recoverable.

New Zealand's Workers' Compensation: How Will it Fare in a Changing Environment?

Abstract: The Woodhouse Report and the subsequent 1972 Accident Compensation Act was revolutionary The right to sue to recover compensatory damages arising directly or indirectly out of personal injury was abolished, although there was still the provision to take an action for damages in a court outside of New Zealand Since then, workers’ compensation in New Zealand has evolved and metamorphosed into our current scheme However, the effectiveness of workers' compensation schemes in terms providing protecting injured workers and their dependents has been eroded over the years This paper not only provides a brief background to the current system but also explores the notion that if the current workers’ compensation scheme is failing New Zealand workers, perhaps it is time to look at other alternatives In particular, the tort system of law may afford workers fairer compensation and may spur employers to provide healthy and safe working environments