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Ulteriores Precisiones Sobre Los Actos Lícitos Dañosos En El Ordenamiento Peruano, Hector A. Campos 2016 Pontificia Universidad Catolica del Peru

Ulteriores Precisiones Sobre Los Actos Lícitos Dañosos En El Ordenamiento Peruano, Hector A. Campos

Hector Campos García

El presente artículo aborda la temática referida a los actos lícitos dañosos, los cuales también generan responsabilidad civil, descartando así a la ilicitud como un elemento indispensable para la generación de responsabilidad civil. En este sentido, el artículo parte del análisis conceptual de la ilicitud o antijuridicidad, para luego arribar al examen de tres supuestos de responsabilidad civil, como lo son el daño ambiental, el daño causado por la resolución cautelar y el retiro de la obra del comercio; demostrando, efectivamente, el carácter prescindible de la ilicitud y la existencia de escenarios de responsabilidad civil derivados de actos lícitos dañosos ...


Resolving Dilemmas In Canadian Class Actions By Reconsidering Private Law Principles, Stephanie Sugar 2016 The University of Western Ontario

Resolving Dilemmas In Canadian Class Actions By Reconsidering Private Law Principles, Stephanie Sugar

Electronic Thesis and Dissertation Repository

Class actions cases illuminate the theoretical underpinnings of private law in a way that traditional two-party litigation does not. Many class actions deal with plaintiffs who have not suffered a large loss (or a quantifiable monetary loss at all), or the defendant has made profits that are disproportionately greater than the plaintiffs’ compensable loss (if any). Applying orthodox principles of private law and negligence to these cases results in barring plaintiffs from recovery despite their rights being violated and defendants not disgorging profits made from wrongdoing. The solution resolving these dilemmas should not be to create separate law only applicable ...


The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson 2016 Mitchell Hamline School of Law

The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson

Mitchell Hamline Law Review

No abstract provided.


The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, Catherine M. Sharkey 2016 NYU School of Law

The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

The modern administrative state looms larger than ever, and grows at an ever-accelerating pace. Not everyone is pleased with these developments. Four such individuals — Chief Justice Roberts, Justices Thomas, Alito, and the late Justice Scalia — have expressed their displeasure, indeed their alarm, with consistency, clarity, and vigor. They warn that the rise of administrative agencies, and the attendant ascendance of doctrines of mandatory judicial deference to agency interpretations of federal law, signals no less than the end of our government’s separation-of-powers structure, and our right to live our lives without fear of bureaucratic encroachment at every turn. Their opinions ...


Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow 2016 New York Law School

Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow

Impact Center for Public Interest Law

No abstract provided.


Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassell 2016 Notre Dame Law School

Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassell

Journal Articles

This article outlines the case for a business duty of care to exercise human rights due diligence, judicially enforceable in common law countries by tort suits for negligence brought by persons whose potential injuries were reasonably foreseeable. A parent company’s duty of care would extend to the human rights impacts of all entities in the enterprise, including subsidiaries. A company would not be liable for breach of the duty of care if it proves that it reasonably exercised due diligence as set forth in the Guiding Principles on Business and Human Rights. On the other hand, a company’s ...


The Prosser Myth Of Transferred Intent, Peter B. Kutner 2016 University of Oklahoma College of Law

The Prosser Myth Of Transferred Intent, Peter B. Kutner

Indiana Law Journal

The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in ...


Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser 2016 Indiana University Maurer School of Law

Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser

Indiana Law Journal

This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.

Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are ...


¡Yo Me Opongo! Responsabilidad Civil Derivada De La Oposición Infundada Por Impedimento Matrimonial O Denuncia Maliciosa, Marco Andrei Torres Maldonado 2016 Universidad Nacional Mayor de San Marcos

¡Yo Me Opongo! Responsabilidad Civil Derivada De La Oposición Infundada Por Impedimento Matrimonial O Denuncia Maliciosa, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

En el presente artículo el autor aborda, desde una perspectiva dogmática y práctica, la responsabilidad civil derivada de la oposición infundada por impedimento matrimonial o denuncia calumniosa, facultades que se reconocen dado el interés social y colectivo plasmado en la institución del matrimonio. Según se indica, siendo su procedencia excepcional y limitada, su ejercicio debe llevarse con prudencia y razonabilidad; pues, conforme a lo previsto en el artículo 257 del Código Civil, puede originar una indemnización por los daños y perjuicios, disposición que reconoce una responsabilidad de tipo subjetivo.


Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson 2016 Brigham Young University Law School

Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson

Brigham Young University Education and Law Journal

No abstract provided.


Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman 2016 University of Georgia School of Law

Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman

Georgia Journal of International & Comparative Law

No abstract provided.


Adding Insult To Death: Why Punitive Damages Should Not Be Imposed Against A Deceased Tortfeasor's Estate In Ohio, Alec A. Beech 2016 The University of Akron

Adding Insult To Death: Why Punitive Damages Should Not Be Imposed Against A Deceased Tortfeasor's Estate In Ohio, Alec A. Beech

Akron Law Review

A majority of jurisdictions in the United States have determined, either statutorily or judicially, that punitive damages cannot be imposed against deceased tortfeasors. However, a recent Ohio appellate court held to the contrary. In Whetstone v. Binner, the Ohio Fifth District Court of Appeals adopted the minority view when it held that punitive damages could be imposed against a decedent’s estate. This Comment takes the position that Whetstone was incorrectly decided. Specifically, this Comment argues that the longstanding purposes of punitive damages are not furthered when such damages are imposed against estates and that Ohio law supports this conclusion.


Compensation's Role In Deterrence, Russell M. Gold 2016 NYU School of Law

Compensation's Role In Deterrence, Russell M. Gold

New York University Law and Economics Working Papers

There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Deterring wrongdoing is tort law’s primary economic objective. And on this score, law and economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving ...


The Remains Of The Citadel (Economic Loss Rule In Products Cases), Catherine M. Sharkey 2016 NYU School of Law

The Remains Of The Citadel (Economic Loss Rule In Products Cases), Catherine M. Sharkey

New York University Law and Economics Working Papers

Though its seeds may have been planted long before, the economic loss rule in products liability tort law emerged in full force at the very same moment as the doctrine of strict products liability in the mid-1960s. This moment, fueled by the fall of privity and the rise of implied warranty earlier in the century, was of great doctrinal import — a moment when strict liability threatened to erase altogether the boundary between tort and contract in the context of defective products cases and move those cases firmly into the tort realm. The economic loss rule emerged as a crucial new ...


Compensation's Role In Deterrence, Russell M. Gold 2016 NYU School of Law

Compensation's Role In Deterrence, Russell M. Gold

New York University Public Law and Legal Theory Working Papers

There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Deterring wrongdoing is tort law’s primary economic objective. And on this score, law and economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving ...


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French 2016 Penn State Law

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Journal Articles

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will ...


Lights, Camera, … Injury! The Nba Needs To Ban Courtside Cameramen, Joshua D. Winneker, Philip Schultze, Sam C. Ehrlich 2016 Villanova University Charles Widger School of Law

Lights, Camera, … Injury! The Nba Needs To Ban Courtside Cameramen, Joshua D. Winneker, Philip Schultze, Sam C. Ehrlich

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Tort Law Framework For Copyright Authorisation, Kylie Pappalardo 2016 Australian Catholic University

A Tort Law Framework For Copyright Authorisation, Kylie Pappalardo

Theses

The law relating to authorisation liability for copyright infringement in Australia is unclear and unruly. As courts attempt to extend the law to reach new and disruptive intermediaries online, concepts designed to limit the scope of liability to only those at fault - such as the requirement that a person have the 'power to prevent' infringement - have begun to lose their meaning. Further, copyright owners seek measures from intermediaries that go well beyond the remedies available at law - they want users disconnected from the internet, websites blocked, and content filtered. These measures can have serious ramifications for the ways in which ...


Home Is Where The Confusion Is: Pennsylvania Formally Adopts The "Gist Of The Action" Doctrine And Builds A House For Ambiguity In Bruno V. Erie Insurance Co., Lauren Anthony 2016 Villanova University Charles Widger School of Law

Home Is Where The Confusion Is: Pennsylvania Formally Adopts The "Gist Of The Action" Doctrine And Builds A House For Ambiguity In Bruno V. Erie Insurance Co., Lauren Anthony

Villanova Law Review

No abstract provided.


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French 2016 Penn State Law

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Christopher C. French

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will ...


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