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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Patent•
27 Nov 2002
TL;DR: In this article, computer-implemented methods and systems for estimating monetary damages for a vehicle accident are provided, where injuries to one or more vehicle occupants in the vehicle accident may be estimated using one or multiple variables.
Abstract: Computer-implemented methods and systems for estimating monetary damages for a vehicle accident are provided. In an embodiment, injuries to one or more vehicle occupants in the vehicle accident may be estimated using one or more variables. Damages due to the injuries of the one or more vehicle occupants may be estimated. In one embodiment, liability of parties in the accident may be estimated. Adjusted damages due to injuries may be determined from the estimated damages due to injuries and the liability of the parties.
50 citations
TL;DR: In this paper, a principal-multiple agent model is used to examine wildlife damage abatement and compensation programs in a setting in which farmers suffer damages and hunters use the wildlife for recreational purposes.
50 citations
Posted Content•
TL;DR: A sample of high-end jury verdicts in California that were subjected to the state's dollars 250,000 cap on noneconomic damages found strong evidence that the cap's fiscal impact was distributed inequitably across different types of injuries.
Abstract: Caps on damages have emerged as the most common legislative response to the new malpractice crisis; they are also the most controversial. Critics decry caps as unfair, yet surprisingly little is known about the specific circumstances in which they are applied. We analyzed a sample of high-end jury verdicts in California that were subjected to the state's $250,000 cap on noneconomic damages. We found strong evidence that the cap's fiscal impact was distributed inequitably across different types of injuries. Considering the average impact of the cap in absolute dollar terms, the reductions imposed on grave injury were seven times larger than those for minor injury. In proportional terms, the largest reductions occurred for injuries in which the harm centered on pain and disfigurement. We found no evidence that women or the elderly were disparately impacted by the cap. Use of sliding scales of damages instead of or in conjunction with caps would mitigate their adverse impacts on fairness.
50 citations
TL;DR: The traditional model of business conduct in perfectly competitive markets is described in this article. But the model does not consider the effect of economic factors on business conduct and is not suitable for the modern market.
Abstract: I. THE MEANING OF INJURY AND COMPENSATION ........... 1435 II. BASIC DAMAGE FORMULAS ............................... 1438 A. Substitute-Price ....................................... 1439 B. Lost-Surplus .......................................... 1439 C. Opportunity-Cost ...................................... 1440 D. Out-of-Pocket-Cost .................................... 1442 E. Diminished-Value ..................................... 1442 F Add-Ons and Offsets .................................. 1442 III. COMPENSATORY DAMAGES AND MARKET STRUCTURE .... 1444 A. Perfectly Competitive Markets ......................... 1445 L The Traditional Model of Business Conduct in Perfectly Competitive Markets ..................... 1445 2. The Statistical-Planning Model of Business Conduct in Perfectly Competitive Markets ................... 1449 B. Imperfectly Competitive Markets ....................... 1451 1. The Traditional Model of Business Conduct in Imperfectly Competitive Markets ................... 1451 2. The Fishing Model of Business Conduct in Imperfectly Competitive Markets ................... 1455 IV. WHAT MEASURE OF DAMAGES SHOULD THE LAW PREFER? ..... .................................... .. 1459 A. The General Case ..................................... 1459 1. Performance ...................................... 1462 2. Precaution ........................................ 1464 3. Reliance .......................................... 1465
50 citations
TL;DR: In this paper, the authors analyse social media issues that give rise to employment-related legal and ethical dilemmas, with reference made to recent case law development, and offer recommendations for employers and employees.
Abstract: Purpose – The purpose of this paper is to analyse social media issues that give rise to employment-related legal and ethical dilemmas, with reference made to recent case law development, and offer recommendations for employers and employees. Design/methodology/approach – Prior research, statistical trends, and case laws are reviewed. Findings – Employers using social media for employment decisions may risk crossing the lines of discrimination, infringement on personal privacy, and/or interference with employees’ concerted activities protected by US law. However, employers not using social media may face negligent hiring and damages for improper employee messages posted. For employees, while social media provides a connection tool, messages posted off-duty and thought to be “private” may still be used as evidence in support of disciplinary actions. Practical implications – Employers, employees, and their unions must be cognizant of the ethical and legal implications of using social media in the employment ...
50 citations