We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review; and Goldberg and Zipursky’s Response. Their exchange demonstrates that the field of tort law is alive. But is it well?Goldberg and Zipursky...

In the last years, there have been growing efforts of building a common European tort law. Leaving aside any positive or negative bias vis-à-vis the reasons underpinning these efforts, the paper aims to highlights the overall implications of reframing this field of law, implications that are...

A prominent, important strand of contemporary thinking about tort law — represented most powerfully by the work of Arthur Ripstein and Ernest Weinrib — has coalesced around the thesis that the concept of “private law” is the key to the subject. In one familiar usage of the term, the...

Skeptics of rational choice theory have long predicted that behavioral economics would radically transform the legislation, adjudication, and analysis of law. Using tort law as an exemplar, this Article maps out the narrow set of conditions where substantive law can be modified to accommodate...

The article explores the relationship between tort law and human rights. It explains the potential inherent in holding corporations liable in tort for human rights violations along the supply chain. Several European jurisdictions such as France and imposed duties of care on domestic corporations...

Economic analysis of tort law is central to the rise of the law and economics movement, bringing economic thinking into the heart of legal theory. Early economic analysis of tort law accomplished this fit through insistence on several distinct features. First, law and economics scholars made a...

From an economic perspective tort law is to serve two important functions: deterrence of wrongdoers and victim compensation. We can easily construct examples of torts leading to small and widespread harm for which it is questionable whether a rational victim will initiate an individual lawsuit....

A popular view among tort theorists is that an explanation of tort law must take account its “structure,” since this structure constitutes the law's “self-understanding.” This view is used to both criticize competing functional accounts of tort law, especially economic ones, that are...

The purpose of this article is to explain how the principle of corrective justice has been displaced by the provision of no-fault compensation for personal injuries. In explaining the transition from tort liability for personal injuries to no-fault compensation, the aim is to identify the norms...

In standard models of contracts, efficient incentives require the promisor to pay damages for non-performance and the promisee to receive no damages. To give efficient incentives to both parties, we propose a novel contract requiring the promisor to pay damages for nonperformance to a third...

Tort law in the US has failed to provide adequate protection against gender-related harms that disproportionately affect women. Because of the imposition of doctrinal and other restrictions on recovery, there is no reliable means of tort compensation for victims of domestic violence, rape and...

Apologies have become very fashionable both within and outside the legal systems of the world. The common law world has attempted to encourage apologies by the use of protective legislation which aims to reduce litigation. Apologies can also be used as remedies and this article argues that the...

Very few law books are futuristic in the sense that they purport to address imminent risks that have not yet materialized in a notable manner. The recently published Damage Caused by Genetically Modified Organisms, edited by Professor Bernhard Koch, embarks upon such a mission. The extensive...

This article seeks to contrast two ways of articulating the harms that tort law aims to redress. On a dominant, “bipolar”, model, the wrong (breach of duty/violation of a right) is contrasted with the losses that flow from it. These losses are either pecuniary or not, in which case they will...

We study response behavior of New York City parking-ticket recipients by analyzing administrative data on 6.6 million tickets issued to 2 million individuals over two years. Exploiting variation (from a policy change and a field experiment) in letters sent to recipients, we find that forgetting...

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that “(w)hereany producer or seller knowingly produces or sells defective...

Many scholars have offered theories that purport to explain the whole of the law of torts. At least some of these theories do not seem to be specific to a single jurisdiction. Several appear to endeavour to account for tort law in at least the major common law jurisdictions, or even throughout...

An evaluation problem exists when winding up executory contracts in case of insolvency. The trustee has difficulties in accurately considering the claim for damages that arises if he chooses to reject a contract instead of accepting it. An unequal treatment of creditors and inefficiencies...

The Research Handbook on the Economic of Torts (Edward Elgar, 2013), edited by Jennifer Arlen, contains a very impressive collection of contributions written by leading tort scholars. The major theme that runs through the Handbook's diversified chapters is that the economic analysis of tort law...

Arbeit im Vorfeld -- Begriff des Vertrages und der Vertragstypen nach dem BGB -- Zahlung einfordern -- Außergerichtliches Mahnverfahren, gerichtliches Mahnverfahren nach der Zivilprozessordnung (ZPO).

Florian Kamp analysiert in diesem Open-Access-Buch Grund und Grenzen von Nebenpflichten nach § 241 II BGB. Dessen Auslegung zur Suche nach Haftungsgrund und -grenzen bietet als zentralen Befund, dass einzig der historisch eindeutig belegte Einsatzzweck von Nebenpflichten zur Kompensation...

"This book explains the methodology for how lost profits should be measured, and how to deal with the many common types of cases in business interruption lawsuits in commercial litigation. It contains exhibits, tables, and graphs, how to do industry research, equity risk premium, research...

Cover -- Title Page -- Copyright Page -- Contents -- CHAPTER 1 Introduction -- Development of the Field of Litigation Economics -- Development of the Field of Forensic Accounting -- Qualifications of an Economic Expert -- Overview of the U.S. Court System -- Example of How Courts Weigh and...

Die vorliegende Arbeit beschäftigt sich mit der Suche nach möglichen Rechtfertigungen für zwingende Bestimmungen im Privatrecht. Da das Privatrecht stark vom Prinzip der Privatautonomie geprägt ist, werfen zwingende Bestimmungen die grundsätzliche Frage auf, ob diese wirklich notwendig...

We study response behavior of New York City parking-ticket recipients by analyzing administrative data on 6.6 million tickets issued to 2 million individuals over two years. Exploiting variation (from a policy change and a field experiment) in letters sent to recipients, we find that forgetting...

This chapter highlights the complexity of economic analysis which examines whether, when and to what extent prescription law contributes to the efficiency of tort law or reduces it. It is complex because the of the many relevant aspects of efficiency: deterrence, loss spreading, litigation...