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Damages

About: Damages is a research topic. Over the lifetime, 9365 publications have been published within this topic receiving 89750 citations. The topic is also known as: compensation award.


Papers
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DOI
28 Sep 2000
TL;DR: In this paper, the incorporation of a hazard of place concept in vulnerability assessment is proposed, and it is suggested that even without assessing risk exactly, vulnerability reduction decreases damages and losses.
Abstract: Natural disasters are characterised by complex relationships and interactions between physical hazards and society. These, as well as local context, cultural aspects, social and political activities, and economic concerns, present difficulties in practical application of mitigation concepts and models. This paper outlines general approaches in natural risk assessment and gives an insight into the contextual dynamics surrounding a hazard event. Since precise measurement of uncertainties and exact prediction of damages is hardly feasible, the incorporation of a hazard of place concept in vulnerability assessment is proposed. Qualities that determine potential damage are identified and characteristics described. It is suggested that, even without assessing risk exactly, vulnerability reduction decreases damages and losses. The chosen perspective illustrates that natural disasters are a result of social decision processes rather than acts of God or nature.

28 citations

Journal ArticleDOI
TL;DR: In this paper, the authors propose a centralized consolidation of fragmented individual damage claims for private antitrust enforcement in the EU, where the assessment of damages is allocated to a central authority, which acts as amicus curiae.
Abstract: One of the lessons of US private antitrust enforcement is that limitations on the rights of the defendant and the plaintiffs' standing to sue should not be imposed lightly. Three Supreme Court decisions in Hanover Shoe, Illinois Brick and ARC America have resulted in a complex and unwieldy system of multi-district and multi-party litigation that prevents fair compensation and has questionable merit as regards deterrence. Excluding the pass-on defence in Europe would be the first step in a similarly irreversible sequence of further corollary requirements, some of which are difficult to reconcile with the ECJ decision in Courage and may create unjust enrichment. We caution against taking this route and instead propose an alternative institutional design for the EU. The proposal involves a centralized consolidation of fragmented individual damage claims. Upon a definitive infringement in an initiating action before a national court, the assessment of damages is allocated to a central authority, which acts as amicus curiae. Depending on the span of the antitrust injury, this advisory position would most naturally be within the relevant national competition authority, or DG Competition if the infringement has Community effect. The authority conducts a public investigation and assesses the total economic damages caused by the infringement. It s consolidated damage report is offered as an advice to the court, which subsequently apportions individual damages to the initiator. Later related claims can refer to this report in consequential actions before their national courts. The procedure provides an efficient, single, consistent and complete damage estimate, while still utilizing the full detection potential of unrestricted private damage actions. It is achieving both an effective and efficient private antitrust enforcement mechanism, and compensation of actual damages to those injured by the anti-competitive acts.

27 citations

Journal ArticleDOI
TL;DR: The propensity of accident victims in England and Wales to claim compensation through the tort system has generally increased since the 1970s as discussed by the authors, however, it has remained relatively stable since 2000, if not since 1997/1998.
Abstract: The propensity of accident victims in England and Wales to claim compensation through the tort system has generally increased since the 1970s. Contrary to popular belief, however, it has remained relatively stable since 2000, if not since 1997/1998. The upward trend in claims abated, therefore, when no-win no-fee advertising achieved prominence. Whether this long-term increase in our propensity to claim supports the notion that a compensation culture has developed is largely a matter of interpretation. Our understanding of recent trends in our propensity to claim has clearly, however, been distorted through the media. This distorted legal consciousness may not only have affected our views of the tort system but may also have influenced our readiness to use it and thereby contributed to the stabilisation of accident claims in recent years.

27 citations

01 Jan 1997
TL;DR: In this article, the authors presented at the Food and Agriculture Organization of the United Nations/ Economic Commission for Europe/International Labour Organization seminar on Forest, Fire, and Global Change in shushenskoye (Russian Federation) in 1996.
Abstract: This article, in part, was presented at the Food and Agriculture Organization of the United Nations/ Economic Commission for Europe/International Labour Organization seminar on Forest, Fire, and Global Change in shushenskoye (Russian Federation) in August 1996. firefighting technology and management have produced the most effective firefighting capabilities in history, these advances have not prevented large losses during recent W-UI fires. Severe W-UI fires can destroy whole neighborhoods in a few hours-much faster than the response time of the best firefighting services.

27 citations

Journal ArticleDOI
TL;DR: In this article, the effects of alternative remedies for breach on ex ante precaution and reliance decisions were analyzed in a contractual situation where breach is inadvertant rather than deliberate, and it was shown that neither the expectation measure nor the reliance measure of damages induces efficient precautions and reliance.

27 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20242
2023929
20221,943
2021234
2020340
2019324