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Full-Text Articles in Law
Invalidità Della Fusione E Risarcimento Del Danno, Valerio Sangiovanni
Invalidità Della Fusione E Risarcimento Del Danno, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Recovery Of Interest On A Tax Underpayment Caused By A Tax Advisor's Negligence, Jacob L. Todres
Recovery Of Interest On A Tax Underpayment Caused By A Tax Advisor's Negligence, Jacob L. Todres
Jacob L. Todres
No abstract provided.
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Lawrence Steckman, Robert Conner
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Lawrence Steckman, Robert Conner
Lawrence M Steckman
This article provides a detailed discussion of many of California’s leading cases on real estate damages and analysis of different damage remedies available to defrauded purchasers of real property. While some courts have held defrauded buyers may only recover out of pocket damages under CC 3343, others conclude benefit of the bargain damages are permissible under CC 3333 and 1709, at least where financial injury incurred in a real estate purchase transaction traces to fiduciary fraud or recklessness. Certain cases hold that although CC 3333 and 1709 permit a damage recovery to make the injured plaintiff whole, because neither explicitly …
Patent Valuation Theory And The Economics Of Improvement, Amy L. Landers
Patent Valuation Theory And The Economics Of Improvement, Amy L. Landers
Amy L Landers
In her response to Professor Golden's Principles of Patent Remedies, Professor Landers identifies three threads that underlie the debate on patent remedies. First, patent value may be difficult to define because of certain indeterminacies. Second, economic and technological contingencies may distort the amounts paid for patents. Third, principles of adaptation and implementation might bring the field to a theoretical consensus about patent value. After analyzing Prof. Golden’s principles in the context of each thread, Prof. Landers proposes that, in order to bridge the differences in current theoretical viewpoints, the explicit addition of the economics of improvement is necessary.
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
Robert M Lloyd
This article explains the factors courts consider when determining whether to award damages for lost profits. It contains an extensive review of the case law.