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Author: Virginia Nolan Publisher: Temple University Press ISBN: 1439907641 Category : Law Languages : en Pages : 266
Book Description
In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.
Author: Virginia Nolan Publisher: Temple University Press ISBN: 1439907641 Category : Law Languages : en Pages : 266
Book Description
In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.
Author: Kenneth S. Abraham Publisher: Harvard University Press ISBN: 9780674033771 Category : Law Languages : en Pages : 296
Book Description
Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
Author: Douglas Brodie Publisher: Cambridge University Press ISBN: 1139492985 Category : Law Languages : en Pages :
Book Description
Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.
Author: Stephen M. Bainbridge Publisher: Edward Elgar Publishing ISBN: 1783473037 Category : Business & Economics Languages : en Pages : 335
Book Description
The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.
Author: Albert A. Ehrenzweig Publisher: Univ of California Press ISBN: 0520350154 Category : Law Languages : en Pages : 104
Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Author: G. Edward White Publisher: Oxford University Press, USA ISBN: 9780195139655 Category : History Languages : en Pages : 428
Book Description
G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Author: Per Lekvall Publisher: ISBN: Category : Languages : en Pages : 289
Book Description
The Nordic Region is remarkable in many ways and has been the subject of increasing interest over the past years. The five countries of Denmark, Finland, Iceland, Norway and Sweden are culturally closely aligned and combine a well-functioning business sector and high GDP with an expansive welfare state and high taxes. What has been well less known outside the Nordic Region is the shared corporate governance model used by companies and for the first time a comprehensive study is available in English to explain this model.The main part of the study is the condensed presentation of the Nordic CG model. It is based on four country reports covering the three EU Member States (DK, F, S) and one EEA Member State (N). Each country report has been drawn up by a team consisting of a legal expert and a corporate governance expert with practical experience. To ensure that the report reflects actual practices, each team was assisted by a reference group consisting of business practitioners with extensive experience from large-cap listed companies and connections to the national CG code committees. To provide an international aspect, the renowned American scholar Ronald J Gilson contributed a comment on the report's findings in a separate chapter.The key observation of the study is that the Nordic CG model allows the shareholder majority to effectively control and take long-term responsibility for the company that they own. The alleged risk of such a system - the potential that a shareholder majority misuses its power for its own benefit at the expense of minority shareholders - is effectively curbed through a well-developed system of minority protection. The result is a governance model that encourages strong shareholders to engage in the governance of the company in their own interest, while creating value for the company and all its shareholders.
Author: Christine Beuermann Publisher: Bloomsbury Publishing ISBN: 1509917543 Category : Law Languages : en Pages : 255
Book Description
This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.
Author: Eric W. Orts Publisher: Oxford University Press, USA ISBN: 0199670919 Category : Business & Economics Languages : en Pages : 327
Book Description
Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains how the legal ideas allow for the construction and recognition of business firms as persons having rights and responsibilities. It also shows how law sets the boundariesof firms. Specific applications include contributions to debates about executive compensation and political free-speech rights of corporations. Anyone who wishes to have a deeper understanding of thenature of business firms and their role in modern society will benefit from reading this book.
Author: Virginia Nolan
Author: Virginia Nolan
Author: Kenneth S. Abraham
Author: Douglas Brodie
Author: Stephen M. Bainbridge
Author: Albert A. Ehrenzweig
Author: Barnali Choudhury
Author: G. Edward White
Author: Per Lekvall
Author: Christine Beuermann
Author: Eric W. Orts