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Negligence

2015

Selected Works

Articles 1 - 5 of 5

Full-Text Articles in Law

The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John Olson, Aaron Briggs Dec 2015

The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John Olson, Aaron Briggs

John Olson

No abstract provided.


Causation In Disgorgement, Mark P. Gergen Nov 2015

Causation In Disgorgement, Mark P. Gergen

Mark P. Gergen

The Restatement (Third) of Restitution and Unjust Enrichment offers scant guidance on how to determine wealth legally attributable to a wrong for purposes of disgorgement. The black letter admits defeat, stating, "[T]he court may apply such tests of causation and remoteness, . . . may recognize such credits or deductions, and may assign such evidentiary burdens, as reason and fairness dictate, consistent with the object of restitution . . . ."' The comments warn against resort to mechanical rules, including the familiar rule of but-for causation. They recommend merging the factual issue of causation with issues of policy and fairness …


The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen Nov 2015

The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen

Mark P. Gergen

No abstract provided.


The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen Nov 2015

The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen

Mark P. Gergen

No abstract provided.


British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel Oct 2015

British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel

Dan Priel

There has been a notable shift in the scope of negligence liability of public authorities in the Post War period. Notably there was a trend toward restriction of liability in the 1980s. This essay tries to explain why this happened not by focusing on changing legal formulas but by examining the political context of the law in this area. I begin the essay by demonstrating how changes in the attitudes toward the role of the state have led to the changes in the law in this area. I then go on to examine the impact of Thatcher’s ascent to power. …