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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Journal Article•
TL;DR: In this article, the authors proposed an alternative approach that integrates legal concepts of public trust, economic definitions of compensation, and scientific approaches to restore natural resource damages based on a definition of restoration as resource-based compensation.
Abstract: To date, methods for determining compensation for spill-related natural resource damages have focused on the monetary value of resources damaged by a spill or scientific analyses of resource restoration. This paper suggests an alternative approach that integrates legal concepts of public trust, economic definitions of compensation, and scientific approaches to restoration. The approach is based on a definition of restoration as resource-based compensation-a remedy for damages wherein alternative restoration actions are identified that provide "equally valued" resources as those lost due to the spill. This provides an explicit balancing between the benefits obtained from restoration and losses due to the spill to assure that the public is made whole. The least costly alternative that makes the public whole is selected as the cost effective alternative.
60 citations
Posted Content•
TL;DR: In this paper, the authors report and discuss the implications of an experimental study involving punitive damage awards, including damage caps, compensatory judgment multipliers, and conversion formulas based on jury judgments on a bounded numerical scale.
Abstract: This essay reports and discusses the implications of an experimental study involving punitive damage awards. The study finds that in products liability cases, people's normative judgments (about outrageousness and appropriate punishment) are relatively uniform, at least when measured on a bounded numerical scale (0 to 6). With the unbounded dollar scale, however, outcomes become extremely erratic and unpredictable. Various reform proposals, designed to overcome erratic awards, are discussed, including damage caps, compensatory judgment "multipliers," and conversion formulas based on jury judgments on a bounded numerical scale. Implications are also discussed for many other issues of law and economic valuation, including compensatory damages in such areas as pain and suffering, libel, sexual harassment and other civil rights violations, contingent valuation, and intentional infliction of emtional distress.
59 citations
TL;DR: In this article, the authors use a modeling approach to disentangle the web of relationships and identify the economic impact of international gray market trading, showing that though the global gray markets can make channel management a painful exercise, the damage is insufficient to warrant prohibition by public agency.
59 citations
Book•
01 Jan 1987
TL;DR: In this article, the authors introduce general principles of assessment for assessing compensation for different types of loss and miscellaneous issues for non-compensatory damages, as well as the award of an agreed sum specific performance Injunctions Other remedies.
Abstract: "Introduction Compensatory damages I: general principles of assessment Compensatory damages II: damages for the different types of loss Compensatory damages III: miscellaneous issues Non-compensatory damages Restitutionary remedies The award of an agreed sum Specific performance Injunctions Other remedies"
59 citations
TL;DR: The question of social responsibility is not new to labour law as mentioned in this paper and the earliest developments in labour law and social law sprang from a legal revolution to borrow the words of Georges Scelle, considering the concept of responsibility that prevailed in common law.
Abstract: The question of responsibility is not new to labour law. The earliest developments in labour law and social law sprang from a “legal revolution” to borrow the words of Georges Scelle, considering the concept of responsibility that prevailed in common law. Civil responsibility which was originally based on fault could now be based on the risk inherent to a socially useful activity so as to ensure that the responsibility for damages that might result from it be equitably shared. This development took place under the generalization of the industrial production mode, first within the frame work of laws respecting compensation for industrial accidents.
59 citations