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Full-Text Articles in Law
Contracts Of Individuals Who Are Incompetent Without Guardianship And The Interpretation Of Article 428 Of The Italian Civil Code: Is The Court Of Cassation Wrong?, Enrico Baffi
enrico baffi
This paper aims at demonstrating that excessive protection of incompetent people can produce unintended negative consequences. Both in the Italian system, which is examined here in depth, and in American common law, a contract can be annulled if there is bad faith of behalf of the party who is not incompetent. However, a party in bad faith could offer an incompetent person a contract that does not produce a prejudice and could, in fact, be beneficial for the incompetent party. If the contract can be annulled, and if the prejudice occasionally occurs, the incompetent party can request a contract annulment. …
Negotiating In The Shadow Of “Bad Faith” Refusal To Settle: A Game Theory Model Of Medical Malpractice Pre-Trial Settlements And Insurance Limits, Theodore H. Frank, Marie Gryphon
Negotiating In The Shadow Of “Bad Faith” Refusal To Settle: A Game Theory Model Of Medical Malpractice Pre-Trial Settlements And Insurance Limits, Theodore H. Frank, Marie Gryphon
Theodore H. Frank
Recent empirical studies of Texas data by Hyman et al, Zeiler et al, and Silver et al suggest that insurance limits affect settlements of medical malpractice cases. Writing separately, Silver argues that insurance limits act as a de facto cap on malpractice payouts, that plaintiffs are being underpaid as a result, and that therefore legislative caps on damages are unnecessary. But this hypothesis is inconsistent with the data, which indicates that forty-seven percent of cases in which plaintiffs obtain verdicts above policy limits are subsequently settled above policy limits. We propose to reconcile the data by accounting for the effects …