Damages
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Recent papers in Damages
1. I danni punitivi e la funzione deterrente della responsabilità civile. - 2. I danni punitivi di common law e i danni morali soggettivi di civil law. - 3. I rimedi restitutori e il loro concorso con l'azione di risarcimento del danno. -... more
The writing is a comment on a decision of the Italian Supreme Court, in plenary session, about public authority’s precontractual liability (n. 615/2021). It follows other recent judgements, always related to an unfair behaviour of a... more
The compensatory damages remedy afforded in Mosley v News Group Newspapers Limited [2008] was inadequate, but also that no remedy could ever, in principle, be adequate, in misuse of private information/breach of confidence cases where the... more
This paper represents a deep analysis of one of the most famous cases of Western law: Donoghue v. Stevenson. Many legal principles arose from the ruling of the House of Lords: privity of contract, duty of care and, above all, negligence... more
This paper presents a definition of sustainable urban freight transport (SUFT), based on the existing theories and concepts, and develops an indicator set that describes SUFT. The definition of SUFT makes a categorisation of actions... more
Rekabet ihlalleri dağıtım zincirinin farklı kademelerinde yer alan pek çok kişinin zarar görmesine neden olduklarından yaygın bir zarara sebebiyet verirler. Bu husus tüm bu zarar görenlerin tazminat almaya hakkı olup olmadığına ilişkin... more
1. L'obbligo di protezione previsto dalla disciplina continentale della gestione di affari. - 2. Il raffronto con l'esperienza anglosassone dell'account of profits. - 3. La restituzione dell'arricchimento senza causa e quella del profitto... more
This article outlines how the body produces medically unexplained symptoms (MUS). The BodyMind Approach™ (TBMA™) is a suggested therapeutic intervention for disrupting the expression of MUS. This is discussed in three main sections, each... more
- by Yu-Chi Lin
The article describes typical damages of Bosch Common Rail injectors. It has been detailed the reasons of theirs getting up. It has been accomplished the assessment of defects and extent of uses the injectors elements in aspect of... more
The time for performance of a project is usually of the essence to the employer and the contractor. This has made it quite imperative for contracting parties to analyse project delays for purposes of making right decisions on potential... more
This paper presents the causes and consequences of mechanical damages in Common Rail (CR) fuel injectors. The analysis included selected components, pointing to the elements and assemblies being most frequently subject to destructive... more
The mechanism of earthquake consists of generation of seismic waves due to the rupture of the rock in the Earth and their propagation within the earth crest due to the movement of the Earth. The rupture surface is called a fault plane.... more
Bhopal Gas Tragedy being a landmark tort law case consists of matters relating to tort law such as loss spreading, risk attitude, moral hazard, transactions costs, and cost minimization or social efficiency. In this case analysis mainly... more
Die Vorhersehbarkeitsklausel nach dem Modell des Art. 74 des Wiener Kaufrechtsabkommens (CISG) ist eine der wichtigsten vorgesehenen Änderungen der neuen ungarischen Privatrechtskodifikation im Bereich des Schadensersatzrechts. Es wird... more
Construction activities are the most competitive and it involves higher risk with minimum profitability due to competition. Construction of any infrastructural work involves complex management skills related to manpower, materials, plant,... more
A motivational extension of social identity theory is proposed: the uncertainty reduction hypothesis. Building on social identity theory and self-categorization theory, a subjective uncertainty reduction model of motivation associated... more
SOMMARIO: 1. Il presente lavoro: il Jobs Act, la tutela contrattuale della persona e la necessità di uno Stato sociale unitario.-2. La mancata percezione della tutela contrattuale della persona: le Sezioni unite del 2008.-3. L'intensità... more
This article delves into the theoretical and practical aspects of proving damages for lost earning capacity in a professional sports career. While the law affords plaintiffs recovery for lost earning capacity damages if they can prove... more
I. La nozione di illecito e di responsabilità civile. - II. La fattispecie dell'illecito civile in senso stretto. - 1. Il danno ingiusto. - 2. Il danno patrimoniale e il danno non patrimoniale. - III. Il nesso di causalità. - IV. La... more
This article highlights several instances when consideration must be paid to the shape of the demand curve, as summarized by the price elasticity of demand, in estimating damages when but-for prices or volumes differ from those in the... more
This chapter deals with general rules of contract law in various legal systems. It is the chapter 6 of the manual "International Business Law" designed mainly for multinational audiences of students in management. The purpose is to... more
settlement of mass damages claims. 6 This agreement must be concluded between organizations that represent victims and the parties who will provide compensation. 7 Once an agreement is achieved, parties can apply jointly to the court to... more
I. La nozione di illecito e di responsabilità civile. - II. La fattispecie dell'illecito civile in senso stretto. - 1. Il danno ingiusto. - 2. Il danno patrimoniale e il danno non patrimoniale. - III. Il nesso di causalità. - IV.... more
Regional seismic scenarios for Venezuelan school buildings are presented, based on a simplified methodology that develops fragility curves to characterize the seismic vulnerability, assess damages, losses and risk levels. The basic... more
There is considerable evidence that being involved in a compensation claim process has a negative impact on the claimant's health. 1,2 Some have argued that this negative compensation effect is caused by the fact that claimants... more
La responsabilidad del daño causado a terceros por persona con discapacidad es el objeto de este estudio.
This paper studies the reasons why the people try to cheat and fraud on insurance companies in Albania. It is represents an overview from the first time of fraud phenomen started. It is showed by the results of the survey how individuals... more
The time for performance of a project is usually of the essence to the employer and the contractor. This has made it quite imperative for contracting parties to analyse project delays for purposes of making right decisions on potential... more
Abstract:-The paper presents a new method to detect damages in beams and assess their location and severity by means of vibration measurements. Typically, changes in natural frequency of beams are relatively small, even for an important... more
This paper studies the reasons why the people try to cheat and fraud on insurance companies in Albania. It is represents an overview from the first time of fraud phenomen started. It is showed by the results of the survey how individuals... more
A suit for compensation for breach of contract upon withdrawal of sub-contractor's bid before submission of the contractor's bid. A sub-contractor submitted his bid to a contractor, who wanted it for making an estimate for submitting his... more
Dans notre réflexion sur les liens entre réalisme et fiction, il semble particulièrement intéressant d’analyser ceux qui sont à la base de toute série : les héros. En une décennie, la représentation du héros a bien changé. Sombres,... more
The article deals with the enforcement of judgments of the European Court of Human Rights in domestic systems, and particularly with the advisability of a provision that allows the review of a final judgment at domestic level when the... more
The time for performance of a project is usually of the essence to the employer and the contractor. This has made it quite imperative for contracting parties to analyse project delays for purposes of making right decisions on potential... more
This paper reviews issues related to estimating property value effects from contaminated sites. Industrial economies release millions of chemicals into air, soil and water with adverse effects on human health, other species, future... more
Before examining the new position that the Italian Supreme Court has assumed with the recent decisions of the United Sections on compensatio lucri cum damno, 1 this first comment analyses the origins of the doctrine, its foundations and... more
This article delves into the theoretical and practical aspects of proving damages for lost earning capacity in a professional sports career. While the law affords plaintiffs recovery for lost earning capacity damages if they can prove... more
When assault and death in custody had occurred, and the evidence strongly suggests that the assault and death are caused by police brutality, the wrongful exercise of their powers, or negligence, then the family members are entitled to... more
There is a sharp divide between investment arbitration practitioners on the permissibility of using ex post or hindsight information in the valuation of damages. Ex post information comprises facts that arise after the date of breach... more
The subject's approach is required also because, once adopted the New Civil Code, it acquired a new juridical frame, but also a new perspective. A common law creditor who does not obtain the direct execution of his obligation is entitled... more
The rules of extra-contractual liability did not remain unaffected by the overwhelming reform of the Hungarian private law, which resulted in the codification of the New Civil Code in 2013. According to the Statement of Reasons provided... more