Showing papers on "Damages published in 1984"

Impacts, Costs, and Techniques for Mitigation of Contaminated Groundwater: A Review

Abstract: A framework is developed for evaluating the impacts, costs, benefits, and techniques for mitigating groundwater contamination. The framework is a generalized cost-benefit analysis. Contamination of the Cohansey aquifer in New Jersey is the subject of an illustrative case study. The plume of contamination is modeled and potential health impacts are projected based on dose-response information available from the Environmental Protection Agency. The economic value of such damages is estimated using alternative mortality risk values that span those found in the recent literature. Costs for controlling the contamination from the site are estimated for alternative levels of control and techniques of control adapting information from the Environmental Protection Agency and other sources. While both the benefits and cost estimates should be mainly viewed as the result of illustrating a method and not as accurate estimates, they do suggest that in a case like the Cohansey, both potential damages (or damages averted, i.e., benefits) and the cost of containment once contamination has occurred can be quite high. Prevention in such cases appears to be the best cure. The paper closes with a discussion of the potential role of economic incentives in the generation of hazardous wastes and their “safe” disposal.

Controlling Stochastic Pollution Events through Liability Rules: Some Evidence from OCS Leasing

Abstract: Under the OCS Lands Act, firms are strictly liable for damages from oil spills. To the extent that this liability rule causes firms to internalize environmental risks, incentives for damage avoidance behavior are provided. Using data from the 1979 Georges Bank lease sale, we use a robust estimation technique to test the hypothesis that potential environmental costs are reflected in bids for OCS leases. The results indicate a substantial response to environmental risks. Recognizing reduced rents, we estimate that total high bids have declined by 20% because of firms' perceptions of environmental risks. The results suggest that liability rules have considerable potential in controlling stochastic pollution events.

A Comment on Causal Apportionment

Abstract: ONE Of the more vexing intellectual problems in tort law arises from accidents that have multiple causes. The simplest fact situations-dogs hunting in packs, fires combining to burn down a house, the malpractice of an attending physician further injuring the victim of another person's negligence, and many other such incidents-have generated a bewildering variety of legal rules and nomenclature.' The modern common law generally denied one tortfeasor the right to contribution from a joint tortfeasor,2 although this rule of no contribution was subject to certain exceptions, and indemnification was allowed in other situations.3 In recent years, most states have abrogated the no-contribution rule by statute.4 Where contribution is allowed, the formulas that determine the apportionment of damages among the joint tortfeasors range from the relatively simple method of dividing the damages by the number of defendants to the more complex (and costly) strategy of allocating damages in proportion to relative fault.

The principles of equitable remedies: Specific performance, injunctions, rectification, and equitable damages

Abstract: The technique of equity territorial limitations of equitable jurisdictions specific performance of contracts injunctions the enforcement of contracts by injunction rectification the award of damages in equity the enforcement of undertakings as to damages property rights enforced by injunction.

The Deterrent Effects of Automobile Insurance and Tort Law: A Survey of the Empirical Literature

Abstract: One of the central issues in the debate concerning no-fault insurance is the question of whether tort damages can deter accidents. Although a large, scientific literature exists which could cast light on this question, the participants in the debate have made little reference to that literature. In an attempt to rectify this omission, the following paper surveys a large segment of the statistical results, and comments on the implications which those results have for the no- fault debate.

Oil pollution caused by tanker accidents: liability versus regulation

Abstract: Difficulties under traditional tort law of narrowing the gap between pollution damages and compensation payments (such as identifying the polluter, proving damages, and causal relationship) do not arise in tanker accident cases. Changes in liability law have improved the legal position of the victims, but remain insufficient as an incentive for accident prevention. Optimal pollution control on the basis of liability alone is not possible because of data asymmetries in the insurance industry. And the assumption implicit in taxes and licenses, as well as in the liability law approach, that the polluter is best qualified to make the best choices to minimize accident pollution control costs is disproved by Coast Guard studies. The author concludes that liability can play only a supplementary role in pollution control. This role can be enhanced if future compensation discussions pay more attention to the incentive effects of the financing of compensation. 35 references, 5 tables.

Construction claims costing for owners and contractors

Abstract: Although the owner may have a legitimate claim against a contractor for breach of contract, calculation and proof of damages incurred by the owner is often a difficult task. Owners should be aware of the types of damages which may be recovered from contractors for delayed project completion, defective work, or abandonment of the project, and how t o prove these damages. When a contractor has a legitimate construction claim against an owner, he must be aware of the wide variety of damages which he may have suffered in order to assure himself chance of maximum monetary recovery. A claim may arise on account of a delay, disruption, or termination of the contractor's performance, and recoverable costs can be analysed under these three categories. In addition, the contractor must be careful t o choose the best method of proving damages if he is t o successfully prosecute his claim. Although the legal principles discussed in this article are drawn from the public and private sectors o f the United States constr...

The use of liability rules in controlling hazardous waste accidents: theory and practice

Abstract: Economists since Pigou have advocated the use of economic incentives for controlling environmental degradation. In a similar vein, environmental economists have long lamented a near unanimous reliance of environmental policy on the use of direct regulation, However, several pieces of legislation, as well as common law doctrine, provide strict liability for damages from a variety of pollution incidents. The term strict liability means that a polluter is liable for the penalty imposed for a pollution incident irrespective of intent, fault, or even knowledge of the pollution incident. 1 Negligence need not be proved, thus strict liability allows for no defense of due care or conformance with common practice. By making the polluter financially responsible for the damages from a pollution incident, strict liability for damages can potentially internalize pollution externalities, and thus can be viewed as a form of economic incentives for pollution control. However, despite the fact that financial liability is provided by several pieces of current legislation, their role as a practical policy tool for controlling pollution does not seem to be widely recognized within the environmental economics literature. This is not to say that economists have totally ignored the potential role of liability rules, Going back to Cease (1960), for example, a quite rich literature has examined theoretical implications of liability rules.2 How-

Coastal Design Criteria in Southern California

Abstract: Southern California was subjected to a series of severe winter storms in 198 3 that caused record damages to the coast. In the aftermath of the storms, emergency repairs were made and new designs were developed that responded to the severe conditions. These designs were often considerably more conservative than those previously undertaken. Agencies, owners, and engineers were compelled to use both higher design criteria and longer recurrence intervals to account for the wave characteristics and water levels that caused damages along the coast. This paper briefly discusses the unusual circumstances of the storm conditions and the associated damages. The primary purpose of the paper is to present new data that incorporates the effects of the 1983 winter storms to estimate the change in perception of what the wave climate and design criteria may be in this highly developed coastline. The results indicate that the design wave height for a given recurrence interval has increased approximately 26 percent, the wave periods are longer than previously used, and the severe storms tend to coincide with the extreme water levels. The engineer should consider the impacts of the 1983 winter storms in future designs. Despite the record damages, many structures survived. Merely using the highest water elevations and most severe waves of record may not be the most prudent design criteria. The concept of project life and economics must be employed to develop a design.

Electrical Damages—Cause or Consequence?

Abstract: This article shows the difficulty in recognizing electrical damages that are causes from those that are consequences of a fire. Different types of mechanical damages to electrical cables illustrate the difficulty in starting an electrical fire. Damages to electrical cables in a fire environment are also illustrated. Some field cases are discussed. Many normal consequences of fires are often taken as the cause.

Convention on International Liability for Damage Caused by Space Objects: Definition and Determination of Damages After the Cosmos 954 Incident

Abstract: This Note examines the conflicting provisions of the Liability Convention in the context of the Cosmos 954 incident to determine whether the damages that Canada claimed would be recoverable under the Convention. The analysis will illustrate the need for change in the Liability Convention’s definition of the measure of damages. Finally, this Note presents a proposal that would render the provisions more consistent with the spirit and the purpose of the Liability Convention. CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS: DEFINITION AND DETERMINATION OF DAMAGES AFTER THE COSMOS 954 INCIDENT

Contingent Damages for Products Liability

Abstract: SEVERAL factors combine to make product safety a difficult problem for both economic and legal analysis. The probability of a product-related accident, to begin with, depends typically on actions taken not only by the producer but also by the consumer. An accident might have occurred anyway; the action in question might not have made the accident a certainty. Information about these actions may be imperfect or nonexistent and may be obtainable only after an accident occurs. Accidents frequently entail losses such as death or disability for which there are no perfect market substitutes. Existing markets, moreover, may afford only limited opportunities for insuring these losses. Payments made by one party to the other in these circumstances can depend, in principle, on whether an accident occurs and on whatever information is available

Crimes and Claims: The Case of Burglary Insurance

Abstract: It is remarkable how aloof from controversy the insurance industry has contrived to remain, given its centrality to so many social policy issues. The con sequences of the activities of commercial insurance have been little studied, although the few investigations which have been undertaken reveal much of interest (see, e.g., Gilbert, 1965; Titmuss, 1965). The recent proposal of the Confederation of British Industry to provide strike insurance to employers (see Chiplin and Doherty, 1980) could have a dramatic effect on industrial relations by altering the balance of power between those engaged in industrial disputes. Similarly the provision of legal fees insurance encourages litigation by, to a certain extent, limiting its financial consequences. This may, for example, make dismissals by the small employer easier because he can contest the claim that a dismissal is unfair. This type of consequence may be regarded as desirable or undesirable, but it cannot be regarded as unimportant. Similarly, it seems to us that courts are now recognising the existence of motor insurance and employers’ liability insurance (both of which are compulsory) both in the damages they award against employers and motorists (Taylor v. Bristol Omnibus Co. (1975) 2 All E. R. 11 07), and more recently in the contortions they seem willing to make to ensure that the judgement is made against a party who is likely to be insured rather than one who is not (Eaglestone and Cannar, 1983).

Damages as a Remedy for Infringement of the Canadian Charter of Rights and Freedoms

Abstract: Section 24(1) of the Canadian Charter of Rights and Freedoms confers on the courts the power to award to anyone whose rights or freedoms under the Charter have been infringed "such remedy as the court considers appropriate and just in the circumstances". This article discusses the issues with which the courts will have to deal if they are asked to award damages for infringement of constitutional rights. It considers, inter alias the purposes which the award of damages may serve; the elements of a constitutional damage claim; the defendants against whom such a claim may be made; and the appropriate measure of damages. In exercising this jurisdiction Canadian courts will no doubt find it useful to refer to the common law of damages and to the experience in the United States in the awarding of damages in constitutional cases. However the author concludes that the courts should not be constrained by common law principles and that the Charter confers on them a much broader jurisdiction than that of the United States courts. Canadian courts should therefore fashion a remedy in damages which will effectively redress contraventions of the rights and freedoms guaranteed by the Charter.

Liability for Medical Malpractice in German Law

Abstract: The problems related to medical liability have recently become an issue of public debate in Germany. Legal literature on the topic is vast [1]; the number of court decisions involving medical liability have increased considerably [2], since claims for damages against medical practitioners and medical institutions are asserted more frequently nowadays than they were in the past. This development is reflected by the fact that the official Chambers of Medical Practitioners in almost all States of the Federal Republic of Germany have set up arbitration boards and committees of consultants [3]. There is, however, no compulsion to present a case to these conciliatory authorities. They also have no deciding power.

The determination of compensatory damages: a valuation framework

Abstract: In cases of personal Injury resulting in death or the permanent disability of an individual to produce income, there is a need to assess the damages claimed by the plaintiff. Since 1916,' the estimate of the victim's lost earnings has been reduced to present value and the proceeds usually distributed as a lump sum award.' The lump sum approach has been favored over the periodic payment approaches. By awarding a single lump sum to the plaintiff, there has been a significant savings of the expenses of administration which would be incurred if the judiciary monitored periodic payments made by defendants to plaintiffs. Ideally, with an appropriate investment strategy' for the lump sum, withdrawals could be made over the lost work life period.

Liardet versus Adam

Abstract: The use of Liardet’s stucco by Robert and James Adam has often been noted. The dispute with John Johnson, about alleged infringement of the patent, is well known because of the pamphlet warfare which occurred in 1778 and because it was for many years regarded as a leading case in patent law. But Liardet v. Johnson was only the first of three major lawsuits which embroiled the brothers between 1777 and 1787. Although they were successful it was a pyrrhic victory. By 1780 the deficiencies in the stucco were becoming apparent. The brothers faced a major claim for damages from Lord Stanhope and their agreement with Liardet collapsed in recrimination.

Legal Considerations of Reproductive Hazards in Industry in the United States

Abstract: Clearly, the human risks posed by reproductive hazards in the work place are both serious and far-reaching. An effective control strategy, then, must be one that emphasises prevention while preserving employment opportunities for the worker. It is hoped that employers will recognise the need for voluntary abatement of reproductive hazards. It must be recognised, however, that employees may need to avail themselves of legal mechanisms to encourage preventive actions. In many cases the most readily available mechanisms for preventive relief will be those created by federal statute; in other instances, private actions may be required. Legislative and statutory mechanisms include standard-setting for reproductive hazards; access to exposure and medical records; the rights of workers to individually refuse hazardous work; and antidiscrimination protection. Private actions include the court injunction; collective bargaining by unions; and suits for damages suffered.

Rescission and its Effect on Restitution

Abstract: Rescission is one of the most important activities in the law of contract. The right or the possibility to rescind is no less important than the right to specific performance or damages. Indeed, in many cases, when specific performance is either undesired or impossible, and no harm entitling damages has been caused, it will be the major right.Despite this importance, Israeli contract laws have left many questions regarding rescission open (e.g. the character of the rescission, its range, contents and results regarding both contracting parties and third parties). The silence of the Israeli legislature in these matters is typical of Israeli civil law legislation in which major areas of law are condensed into a few laconic provisions. This attitude leaves much room for construction of the statute and for judicial legislation.

Risk management analysis: highway maintenance operations

Abstract: Tort liability is a growing concern to transportation agencies. Pennsylvania lost sovereign immunity in 1978 and to date has experienced a considerable number of claims for damages due to alleged negligence. An analysis of the claims indicates that approximately 75 percent or more relate to maintenance operations. In-depth discussion of specific cases between attorneys defending the Pennsylvania Department of Transportation and its engineers yielded a number of strategies relating to maintenance operations that can reduce exposure to future suits. Those elements specifically addressed include complaint recording and processing, sign deficiencies, low shoulders, icy spots, potholes, and guide rail repair.

Contractual damages for intangible loss: a comparative analysis

Abstract: In this article, the author attempts to chart the progress of claims for intangible (or nonpecuniary) loss in the event of a breach of contract. French and Quebec civil law, and the common law of England and the Canadian provinces other than Quebec are examined with a view to discovering how and to what extent such claims are accommodated in the range of interests protected by contract law. An inquiry is made into the reasons underlying the increasing incidence of such awards and an effort is made to explore the justifications for them, as well as the principles to be considered when damages are quantified. In the process, the observations are made that the common law of contract has no ready doctrinal basis to explain intangible loss awards but that the civil law has long accepted them within the framework of a unified law of obligations.