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Comparative Negligence And Mitigation Of Damages: Two Sister Doctrines In Search Of Reunion, Dr. Yehuda Adar
Comparative Negligence And Mitigation Of Damages: Two Sister Doctrines In Search Of Reunion, Dr. Yehuda Adar
Yehuda Adar Dr.
This article addresses a puzzle in Anglo-American tort law. Notwithstanding the now unquestionable victory of comparative negligence over the old all- or-nothing doctrine of contributory negligence, the doctrine of mitigation (or avoidable consequences) remains intact. Under comparative negligence, any loss that the victim could have avoided is apportioned between the victim and the tortfeasor. In contrast, under the doctrine of mitigation, a tort victim can never recover for any element of loss that could have been avoided. The apparent tension between these two loss allocation mechanisms was identified by the drafters of the Third Restatement of Torts, which proposed abolishing …
Shedding Light On The Reliance Interest, Dr. Yehuda Adar
Shedding Light On The Reliance Interest, Dr. Yehuda Adar
Yehuda Adar Dr.
No abstract provided.
Touring The Punitive Damages Forest: A Proposed Roadmap, Dr. Yehuda Adar
Touring The Punitive Damages Forest: A Proposed Roadmap, Dr. Yehuda Adar
Yehuda Adar Dr.
Punitive damages have for years been one of the most hotly debated legal topics around the common law world. In recent years, however, the interest in this subject seems to be shared increasingly by continental scholars. The scholarly literature on punitive damages is immense. It covers almost every aspect of the punitive damages phenomenon, from almost every angle (doctrinal, conceptual, philosophical, political, economic, historical, empirical, constitutional, and comparative). Surprisingly, however, there has been little academic effort to systematically organize the punitive damages field. What seems to be especially lacking is a roadmap which would be able to encapsulate the various …
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr.
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr.
Yehuda Adar Dr.
Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …