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Showing papers on "Damages published in 1980"


Journal ArticleDOI
TL;DR: In this article, the authors focus on the kinds of harm caused by space objects that are considered to be compensable under international law at the present time, and their analysis is focused on the kind of harm that is not considered in this paper.
Abstract: The exploration and use of the space environment, consisting of outer space per se, the moon, and celestial bodies, may result in harm to persons and to property. International law and municipal law have focused on rules allowing for the payment of money damages for harm caused by space objects and their component parts, including the “payload.” Both forms of law have accepted the basic proposition that money damages should compensate for harm. Principal attention will be given in this analysis to the kinds of harm caused by space objects that are considered to be compensable under international law at the present time.

42 citations



Journal ArticleDOI
TL;DR: In this article, the authors argue that the familiar criterion of economic efficiency gives content to the concept of antitrust injury, and therefore can be used to shape the award of antitrust damages.
Abstract: Three years ago, the Supreme Court enunciated the concept of "antitrust injury,"' which requires that antitrust-damage liability flow from the anticompetitive aspect of an unlawful practice. Since then, the concept has often been raised in litigation, and has sparked frequent judicial discussion.2 Courts and commentators, however, have developed no coherent theory to guide the application of the antitrust-injury doctrine in the award of damages for antitrust violations. This article will attempt to provide such a theory:3 it argues that the familiar criterion of economic efficiency gives content to the concept of antitrust injury, and therefore can be used to shape the award of antitrust damages.

21 citations


Journal ArticleDOI
TL;DR: In this article, the authors argued that this rule promotes the compensatory and especially the deterrent, objectives of antitrust enforcement, and they made the following points, among others, the following:
Abstract: The Supreme Court in Illinois Brick Co. v. Illinois 1 held that only the direct purchaser from a price-fixing seller (or other antitrust violator) may sue for damages under the antitrust laws; indirect purchasers (that is, purchasers farther down the chain of production and distribution to whom some part of the cartel or monopoly overcharge may have been passed on) may not. In a recent article we argued that this rule promotes the compensatory, and especially the deterrent, objectives of antitrust enforcement.2 Among the points we made were the following:

13 citations


01 Jul 1980
TL;DR: In this article, four identifiable political and economic principles are used: (1) nations are held responsible for the internal and external costs of waste-discharge control, but not for the remaining damages once controls are agreed upon; (2) states pay the remaining as well as the control costs; (3) the affected state or victim pays (VP) the polluter for the cost of controls; and (4) an autonomous international agency regulates common property resources (CPRs).
Abstract: No clear trend is emerging in how liability is assigned in cases of transfrontier pollution, but there are four identifiable political and economic principles that are used: (1) nations are held responsible for the internal and external costs of waste-discharge control, but not for the remaining damages once controls are agreed upon; (2) states pay the remaining as well as the control costs; (3) the affected state or victim pays (VP) the polluter for the cost of controls; and (4) an autonomous international agency regulates common property resources (CPRs). The full-costing (FC) principle seems to be efficient in bilateral and multilateral cases if there is a viable mechanism for identifying who pays the costs and for setting the penalties. A special international environmental insurance fund is reasonable in the case of CPRs. An international agency to hasten the flow of information and negotiations can resolve many of the conflicting interests in VP cases. Whichever principles are followed, states should reconcile their internal and external principles. 20 references. (DCK)

12 citations


Journal ArticleDOI
TL;DR: In this paper, the authors summarize the historical development of heating methods in Austria, experiences with different heating systems, damages caused by heating, and related economic aspects, and make recommendations for safe heating levels in historic building in Austria.
Abstract: This paper summarizes the historical development of heating methods in Austria, experiences with different heating systems, damages caused by heating, and related economic aspects. The author make recommendations for safe heating levels in historic building in Austria.

8 citations



Journal Article
TL;DR: Developing proper standards within a health care facility and updating them through well-educated and informed infection control practitioners such as the nurse epidemiologist are effective methods of preventing lawsuits.

6 citations


Journal ArticleDOI
TL;DR: In this paper, it is mentioned that the Lord Mayor of London, in 1666, when that city was on fire, would not give directions for, or consent to, the pulling down 40 wooden houses, or to the removing the furniture, &c. belonging to the Lawyers of Temple, then on the Circuit, for fear he should be answerable for a trespass; and in consequence of this conduct half that great city was burnt.
Abstract: ... it is mentioned, that the Lord Mayor of London, in 1666, when that city was on fire, would not give directions for, or consent to, the pulling down 40 wooden houses, or to the removing the furniture, &c. belonging to the Lawyers of Temple, then on the Circuit, for fear he should be answerable for a trespass; and in consequence of this conduct half that great city was burnt. [Respublica v. Sparhawk, 1 Dall. 357, 363 (Pa. Sup. Ct. 1788)]

6 citations



01 Jun 1980
TL;DR: In several civil cases, the Supreme Court of Canada has discussed quantum of damages using methods for considering inflation and taxation, but has done so in the absence of economic evidence as mentioned in this paper.
Abstract: In several civil cases, the Supreme Court of Canada has discussed quantum of damages using methods for considering inflation and taxation, but has done so in the absence of economic evidence. The author attempts to expose errors in calculation and to debunk the claim that inflation and taxation can be simply ignored on the pretext that they offset each other. He describes how the rate of inflation affects the rate of taxation, and attempts to illustrate how this led the Supreme Court to make a substantial error in one of these cases, when articulating rules related to inflation and taxation.

Journal Article
TL;DR: The leading decisions discussed and reviewed in this article address the question of physician responsibility if he negligently fails to sterilize a patient, to what money damages will or she be liable.
Abstract: PIP: A leading decision is defined as a judicial pronouncement which is scholarly, which is often cited in other cases, or which comes from a court in an important population center. The leading decisions discussed and reviewed in this article address the question of physician responsibility if he negligently fails to sterilize a patient, to what money damages will or she be liable? Will a court force the physician to pay for the care, raising, and support of a normal and healthy, but unwanted, child? In Texas and Wisconsin wrongful birth claims were altogether denied. The decisions follow New Jersey's 1967 denial of the claim to its possible acceptance of the claim in 1975. New York's possible endorsement became certain by 1978 by requiring a physician to support his or her patient's healthy but unwanted child. The outcome of litigation in Connecticut and Ohio is uncertain, but wrongful birth or wrongful conception claims have been sustained in California, Minnesota, and Delaware. Michigan endorsed liability in 1978 but then retreated from the position. In wrongful conception cases, the only real mitigation or lessening of damages would be an abortion of the unwanted child or adoption of the chid. Forcing either alternative violates U.S. Supreme Court edicts and the parents fundamental rights.



Journal Article
TL;DR: The concept of strict products liability as it is known today is not foreign to Roman-Dutch law as mentioned in this paper, and it was recognized more than three centuries ago by the classical French and Roman Dutch law writers of the day.
Abstract: The writer submits that the concept of strict products liability as it is known today is not foreign to Roman-Dutch law. Remedial actions for damages caused by defectively manufactured goods were duly recognised more than three centuries ago by the classical French and Roman-Dutch law writers of the day.




Book ChapterDOI
01 Jan 1980
TL;DR: The Product Liability Committee as discussed by the authors was established in Sweden with the purpose of drafting compensation rules for personal injuries or property damages caused by industrial products, and the work was concentrated on personal injuries, and liability was to be imposed upon the manufacturers and importers.
Abstract: In March 1973, a Government Committee was established in Sweden with the purpose of drafting compensation rules for personal injuries or property damages caused by industrial products. The Committee was called the Product Liability Committee. The outline for its task had, as is usual in Sweden, been laid down by the government in rather detailed terms of reference. According to these terms the system of compensation should relate to particularly dangerous products. The work was to be concentrated on personal injuries, and liability was to be imposed upon the manufacturers and importers. However, the purpose was not to allow a new compensation system to serve as a substitute for other possible sources of compensation, such as social insurance. The idea was to create new rules for injuries, only to the extent that they were not already covered by other sources.


Posted Content
TL;DR: In this article, the impact of varying the enforcement institution on the incentives to rely was analyzed and an unambiguous ranking of specific performance and five damage measures were obtained in terms of efficiency of the reliance decision.
Abstract: Parties to a contract often must engage in expenditures prior to the performance of the contract to either prepare for or make use of the performance of the contract. Legal institutions provide for contract enforcement either by specifically enforcing contractually specified actions or by requiring that the breacher pay the breachee an amount of money called damages. This paper analyzes the impact of varying the enforcement institution on the incentives to rely. An unambiguous ranking of specific performance and five damage measures are obtained in terms of efficiency of the reliance decision.



Journal ArticleDOI
TL;DR: In this paper, the U.S. Supreme Court made a decision that local governments are no longer absolutely immune from suits for damages under the Civil Rights Act of 1871, and the decision has far-reaching effects on land use regulation and development.
Abstract: Local governments are no longer absolutely immune from suits for damages under the Civil Rights Act of 1871 [42 U.S.C. Sec. 1983]. The U.S. Supreme Court made this ruling in Monell v. Department of Social Services [436 U.S. 658 (1978)]. Although it is too early to predict with any certainty just how the lower federal courts will interpret Monell, it is clear that the decision is going to have far-reaching effects on land use regulation and development.


Journal ArticleDOI
TL;DR: In this article, the attitudes of society today on the use of litigation to collect financial compensation for alleged damages in product liability and professional liability situations are described, and methods which engineering managers are using to combat the attitudes, including insurance, loss prevention programs, conflict resolution, arbitration, mediation-arbitration, peer review and tort reform, are considered.
Abstract: This paper describes the attitudes of society today on the use of litigation to collect financial compensation for alleged damages in product liability and professional liability situations. Methods which engineering managers are using to combat the attitudes, including insurance, loss prevention programs, conflict resolution, arbitration, mediation-arbitration, peer review and tort reform, are considered.


Journal ArticleDOI
TL;DR: In this article, the authors propose a method to find a suitable solution to the problem of the lack of a suitable environment for the development of a sustainable energy-efficient and sustainable renewable energy generation.
Abstract: る西 日本では,年 によって風水害か干害 かという,降 雨 現象か らみれ ば,全 く裏腹 な災害 が頻繁 に発生 し,時 に よ っては同 じ年 に,こ れ ら二つの災害 に見舞われ ること さえあ る。 世界 的な規模 でみて も,近 年異常気象 による豪雨や干 ばつのニ ュースが 目立つ ようにな ってお り,そ の国の食 糧危機 を招 くよ うな被害 も珍 しくない。 元来,農 業技術は,そ の土地 の平 常の年 に期待 され る気 候条件 を前提 に して発達 して きた ものであ り,気 候要素 の中で も,降 水量 は場所的 に も時間的 にも最 も烈 しい変 動を示すので,水 の過剰 あるい は不足に よって生ず る災 害の頻度 は高 い。 過去の統計 によると,数 ケ月 にも及ぶ無降水の継続に よ って,農 業 用水は おろか,飲 料水 に も事欠 くよ うな大 干ばつの発生 も決 して稀ではな い。 また,と きどきの農 作物 が水不足 によって減収を もた らす程 度の干 ばつは, 毎年 どこかに発生 している。農作物 に対す る,当 面の干 ばっ対策 は,む しろこの ような場合が主対象 にな るであ ろ う。 潅 がい施設 の整備 と水の合理的利用法が確立 され るに 伴 って,水 稲作 に限 らず,畑 作 において も,近 年千 ばっ による被害は著 しく減 って きた と言われ る。 しか し他方 では,新 しい畑地 や樹園地の開発が急速 に拡大 してきた ために,特 に利水設備の困難iな傾斜地や用水に乏 しい島

Journal ArticleDOI
TL;DR: In this article, the availability of pecuniary compensation for failure to complete a contract for the sale of land has provoked considerable discussion, both in the courts and elsewhere, and a number of possible claims are open to the other party.
Abstract: In recent years, the availability of pecuniary compensation for failure to complete a contract for the sale of land has provoked considerable discussion, both in the courts and elsewhere. Where such a failure has occurred, a number of possible claims are open to the other party. His most obvious source of pecuniary compensation is undoubtedly an action for damages for breach of contract. Alternatively, he may seek to obtain damages in lieu of a decree for specific performance. Further, he may be able, in appropriate circumstances, to seek damages for misrepresentation either under the law of tort or under the provisions of the Misrepresentation Act 1967. Finally, if he is the purchaser, he may be able to base a claim for pecuniary compensation on the fact that the vendor is a constructive trustee of the subject matter of the contract pending completion. The interrelation of these different remedies (which have often been held to give very different measures of recovery) both with one another and with the remedies of specific performance and rescission has given rise to a number of difficulties, several of which had to be considered by the House of Lords in the recent case of Johnson v. Agnew. The purpose of this paper is to compare and contrast these different remedies in the light of the recent authorities.

Book ChapterDOI
01 Jan 1980
TL;DR: In addition to assisting in child custody disputes and evaluation of psychic damages, the psychiatrist may be asked to assume the following roles in the civil courts as discussed by the authors : assessing an individual's competency to manage business affairs, to manage contracts, to make a will, to be a witness, or to marry.
Abstract: In addition to assisting in child custody disputes and evaluation of psychic damages, the psychiatrist may be asked to assume the following roles in the civil courts: 1 The assessment of an individual’s competency to manage business affairs, to make contracts, to make a will, to be a witness, or to marry 2 The evaluation of the degree of mental illness of an individual who is being sued 3 The assessment of the mental status of parties in conflict over divorce 4 Providing expert testimony for either the defendant or plaintiff in a medical malpractice suit 5 Providing information regarding the psychological effects of repressive practices in suits involving the civil rights of certain classes of individuals such as mental patients who are prisoners