Topic
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.
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TL;DR: In this paper, the optimal tax rule to regulate a polluting monopoly when the firm has the possibility of investing in an abatement technology and the environmental damages are caused by a stock pollutant is given by the stagewise feedback Stackelberg equilibrium.
24 citations
TL;DR: In this paper, the authors focus on a specific aspect of liability insurance that arises out of the latent nature of certain insured events, in particular the fact that in the interval between the original tort and the claim for damages the standard of care applied by the courts may change.
24 citations
TL;DR: In this article, the authors argue that corporate social responsibility should figure prominently in the equation and that private companies already are required to cover social costs of doing business in a variety of contexts, and it makes sense that they also should be required to underwrite other important implications associated with employee status as part of their responsibilities to society.
Abstract: As the gig economy continues to grow, the legal status of its workers remains a source of confusion and controversy. Uber and other transportation network companies (TNCs) typically disclaim employee status, depriving drivers of social insurance among other benefits. Further, such companies typically deny liability to third party victims for damages due to auto accidents, sexual assaults, and other negative outcomes arising out of their business. Legal and regulatory systems in the U.S. and elsewhere continue to struggle with how to determine and apply a consistent standard as to employee classification. We argue that corporate social responsibility should figure prominently in the equation. Private companies already are required to cover social costs of doing business in a variety of contexts (e.g., workers compensation, family leave, public and workplace accommodations for disabled individuals), and it makes sense that they also should be required to underwrite other important implications associated with employee status as part of their responsibilities to society. This is especially so where, as with Uber and other TNCs, a company’s core profit-making operations include activities that carry the direct potential for causing substantial harm both to individual clients and to the public at large.
24 citations
Book•
01 Jan 1995
TL;DR: Al-Thani and Al-Nauimi as discussed by the authors discussed the role of criminal law in relation to the Peace and Security of Mankind and the nature and structure of an International Criminal Court (ICC).
Abstract: Preface Doha Declaration Editor's Note Opening Statements His Highness Sheikh Hamad bin Khalifa Al-Thani, Najeeb Al-Nauimi, Boutros Boutros-Ghali, F Mayor I: The United Nations and the Decade II: Environment Law Section 1: Protection of the Environment in Times of Armed Conflict Section 2: Legal Aspects of the Protection of the Environment in Areas Not Subject to National Jurisdiction (Global Commons) Section 3: Draft Principles Relating to Liability and Compensation for Damages Arising from the Transboundary Movement of Hazardous Wastes III: The Law of the Sea Section 1: The Problems Arising at the Time of the Entry into Force of the 1982 Law of the Sea Convention Section 2: Problems Arising with Respect to Highly Migratory Fish Stocks and Straddling Stocks IV: The Settlement of Disputes V: Humanitarian Law Section 1: The Role of Criminal Law in Relation to the Peace and Security of Mankind and the Nature and Structure of an International Criminal Court Section 2: The Establishment of Safety Zones for Displaced Persons in their Country of Origin Section 3: The Right of/to Humanitarian Intervention VI: Rio Aftermath Section 1: The Rio Conference and Post-Rio Section 2: The New International Economic Order
24 citations
TL;DR: In this article, the authors consider the problem of whether or not it is socially beneficial to release producers of a product from liability for harm caused by the consumer when the consumer misperceives expected damages.
Abstract: Our society regulates the quality and safety characteristics of a large number of products destined for consumer use. In many of these cases, our legal system holds the producers of such regulated products liable for harm which is inflicted in the course of consumption. Examples of the joint use of liability and safety regulation include the cases of drugs, foods, pesticides, herbicides, and some aspects of consumer product design. This paper is concerned with cases where it is socially beneficial to regulate safety characteristics of products (or simply cases where we do regulate for whatever reason) and asks whether or not it is in addition socially desirable to impose liability on producers. As an alternative, we consider the rule of no liability and specifically ask whether in a regulated setting it makes economic sense to release producers of liability for harm done. In our analysis, the key determinants in the answer to this question are what we term "scale effects" with respect to the marginal probability of the product causing harm and the degree of ignorance on the part of the consumers of the risky product. The economic environment is that of a regulated monopoly producer of a risky product (e.g., the producer of a patented drug). While the regulator and the firm correctly perceive expected damages associated with the product, the consumer may underestimate risk. The regulatory authority controls the "care level" of the product but does not regulate the level of the firm's output. Both care level and output level affect the probability of the product harming a typical consumer. In addition, the firm's output level affects the marginal probability of the product causing harm with respect to output, and we term this phenomenon a scale effect. The provision for scale effects is an extension of previous work on products liability, [1; 2; 3] and [5; 6; 7; 8; 9; 10; 11], which assumes that the marginal probability of harm is a constant function of output. Scale effects can take the form of a locally rising or falling marginal probability of harm with respect to output. The former case corresponds to a product which does cumulative damage as more units are consumed. The latter case corresponds to a product to which a tolerance can be developed. Our principle findings are divided into two cases depending on whether or not the consumer misperceives expected damages. For the case in which consumers correctly perceive expected damages from the product, the desirability of strict liability in combination with regulation versus regulation with release of liability depends on the direction of the consumption scale effects. For the case in which the consumer underestimates the expected damages from the risky product, the
24 citations