Search results for 'Damages' (try it on Scholar)

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  1. Agnė Vaitkevičiūtė (2011). Member States Liability in Damages for the Breach of European Union Law – Legal Basis and Conditions for Liability. Jurisprudence 18 (1):49-68.score: 24.0
    This article analyses the legal basics of the Member States liability in damages for the breach of European Union law and the conditions for liability. It is emphasized that the Member States liability in damages for the breach of European Union law has three different grounds—one direct legal background (Article 4 of the Treaty of the European Union) and two indirect basics—principles of direct effect and that of effectiveness of European Union law. The author subsequently examines the content (...)
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  2. Agnė Vaitkevičiūtė (2012). The Relationship Between Member State Liability in Damages for Breach of the European Union Law and State Responsibility for Breach of International Law. Jurisprudence 19 (1):71-86.score: 24.0
    This article analyses that state responsibility in international law is contractual liability, as a state infringes its obligations to another state (states), stemming out of international law. Member State liability in damages to a private party for breach of European Union law is, contrarily, non-contractual liability to a private party. Having analysed the elements of internationally wrongful act, it is stated that the elements of internationally wrongful act can be used to determine the elements of breach of the European (...)
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  3. Bill Madden, Tina Cockburn & Jean E. Murray (2013). Assessment of Damages for Wrongful Birth and Consolidation in Advance Care Directives. Journal of Bioethical Inquiry 10 (3):287-291.score: 21.0
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  4. Thomas C. Brickhouse & Nicholas D. Smith (2007). Socrates on How Wrongdoing Damages the Soul. Journal of Ethics 11 (4):337 - 356.score: 20.0
    There has been little scholarly attention given to explaining exactly how and why Socrates thinks that wrongdoing damages the soul. But there is more than a simple gap in the literature here, we shall argue. The most widely accepted view of Socratic moral psychology, we claim, actually leaves this well-known feature of Socrates’ philosophy absolutely inexplicable. In the first section of this paper, we rehearse this view of Socratic moral psychology, and explain its inadequacy on the issue of the (...)
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  5. Ulrich Heink, Robert Bartz & Ingo Kowarik (2012). How Useful Are the Concepts of Familiarity, Biological Integrity, and Ecosystem Health for Evaluating Damages by GM Crops? Journal of Agricultural and Environmental Ethics 25 (1):3-17.score: 20.0
    In the discussion about consequences of the release of genetically modified (GM) crops, the meaning of the term “environmental damage” is difficult to pin down. We discuss some established concepts and criteria for understanding and evaluating such damages. Focusing on the concepts of familiarity, biological integrity, and ecosystem health, we argue that, for the most part, these concepts are highly ambiguous. While environmental damage is mostly understood as significant adverse effects on conservation resources, these concepts may not relate directly (...)
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  6. Allan Beever (2003). The Structure of Aggravated and Exemplary Damages. Oxford Journal of Legal Studies 23 (1):87-110.score: 18.0
    This article explores aggravated and exemplary damages in terms of their structure. It argues that the awards are distinguishable and once they have been appropriately analysed it can be seen that aggravated damages have a secure foundation in the private law and are importantly different from other compensatory awards. The article then argues that many of the reasons given in favour of exemplary damages are not consistent with the structure of that award. The article concludes by insisting (...)
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  7. George Schedlerf (2002). Principles for Measuring the Damages of American Slavery. Public Affairs Quarterly, 16 (4):377-404.score: 18.0
    Either slavery has done no measurable damage to the descendants of slaves, or. if it has. that there are no individuals in the present generation who are obligated to make payments to them,though the federal government may be responsible for a portion of the damages.
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  8. Solène Rowan (2010). Reflections on the Introduction of Punitive Damages for Breach of Contract. Oxford Journal of Legal Studies 30 (3):495-517.score: 18.0
    Abstract—Following the recognition by the House of Lords in AG v Blake of the gain-based remedy of an account of profits in a contractual context, an increasing number of commentators have argued that the English remedial regime for breach of contract should be further reinforced by the introduction of punitive damages. This article considers whether there may be a role for punitive awards in contract law. It seeks to demonstrate that the adoption of punitive damages, without wider reform (...)
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  9. Jason N. E. Varuhas (2014). The Concept of 'Vindication' in the Law of Torts: Rights, Interests and Damages. Oxford Journal of Legal Studies 34 (2):253-293.score: 18.0
    This article seeks to identify the nature of vindication as a distinctive function within the English law of torts. It argues that a specific conception of vindication explains fundamental features of the law of torts, variations in the structure of different torts, as well as variations in the approach to damages from one tort to another, which are not explicable by reference to well-documented functions of torts, such as compensation and punishment. According to this conception vindication entails attesting to, (...)
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  10. Emanuela Ceva & Maria Paola Ferretti (2014). Liberal Democratic Institutions and the Damages of Political Corruption. Les Ateliers de l'Éthique / the Ethics Forum 9 (1):126-145.score: 18.0
    This article contributes to the debate concerning the identification of politically relevant cases of corruption in a democracy by sketching the basic traits of an original liberal theory of institutional corruption. We define this form of corruption as a deviation with respect to the role entrusted to people occupying certain institutional positions, which are crucial for the implementation of public rules, for private gain. In order to illustrate the damages that corrupt behaviour makes to liberal democratic institutions, we discuss (...)
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  11. Anthony Duggan (2006). Exemplary Damages in Equity: A Law and Economics Perspective. Oxford Journal of Legal Studies 26 (2):303-326.score: 18.0
    In Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298, the New South Wales Court of Appeal held that exemplary (or punitive) damages are not available for breach of fiduciary duty or other equitable obligation. The decision runs counter to authorities in Canada, New Zealand and some U.S. states. Punitive (exemplary) damages is a hotly debated topic in the United States and it has attracted considerable interest among law and economics scholars, particularly in the tort litigation context. (...)
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  12. David Pearce & Roger Halson (2008). Damages for Breach of Contract: Compensation, Restitution and Vindication. Oxford Journal of Legal Studies 28 (1):73-98.score: 18.0
    In this article we examine the role which vindication plays in contract damages. Vindication describes the making good of a right by the award of an adequate remedy. We argue that, while the primary purpose of compensation is to provide an indemnity for loss, an award of compensatory damages will nevertheless generally vindicate the right to performance of the contract. We go on to consider a distinct measure of damages, vindicatory damages. These, we argue, are neither (...)
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  13. Charlie Webb (2006). Performance and Compensation: An Analysis of Contract Damages and Contractual Obligation. Oxford Journal of Legal Studies 26 (1):41-71.score: 18.0
    Although there is an increasing body of opinion that awards of damages for breach of contract should take account of the claimant’s performance interest, there has been little in the way of analysis of what the performance interest is. Commonly the concept is put forward as simply a reformulation or reconceptualization of the expectation interest, itself hitherto regarded as the one true contractual interest. Such thinking is flawed. A closer analysis of contract doctrine shows there to be two distinct (...)
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  14. Stephen Watterson (2004). An Account of Profits or Damages? The History of Orthodoxy. Oxford Journal of Legal Studies 24 (3):471-494.score: 18.0
    The modern orthodoxy is that compensatory and gain-based damages are ‘alternative remedies’ for civil wrongdoing. As such, a claimant can only have judgment for one or other, and must elect which it is to be. This article prepares the ground for a re-examination of that rule by exploring its origins in patent cases, where the election requirement was firmly established in the 1870s by the House of Lords in Neilson v Betts and De Vitre v Betts. Closer examination of (...)
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  15. Ariel Porat & Alex Stein (2003). Indeterminate Causation and Apportionment of Damages: An Essay on Holtby, Allen, and Fairchild. Oxford Journal of Legal Studies 23 (4):667-702.score: 16.0
    Holtby, Allen and Fairchild are both recent and revolutionary decisions that address an important aspect of the indeterminate causation problem that frequently arises in tort litigation. In Holtby and Allen, the Court of Appeal departed from the traditional binary approach, under which a tort claimant either recovers compensation for his or her entire injury or is altogether denied recovery—depending on whether his or her case against the defendant is more probable than not. Holtby and Allen substituted this approach by the (...)
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  16. Clive L. Spash (1993). Economics, Ethics, and Long-Term Environmental Damages. Environmental Ethics 15 (2):117-132.score: 15.0
    Neither environmental economics nor environmental philosophy have adequately examined the moral implications of imposing environmental degradation and ecosystem instability upon our descendants. A neglected aspect of these problems is the supposed extent of the burden that the current generation is placing on future generations. The standard economic position on discounting implies an ethicaljudgment concerning future generations. If intergenerational obligations exist, then two types of intergenerational transfer must be considered: basic distributional transfers and compensatory transfers. Basic transfers have been the central (...)
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  17. Meleah A. Geertsma (2003). Punitive Damages: Court Orders Two-Thirds to Go to State University Cancer Research Program. Journal of Law, Medicine and Ethics 31 (2):308-312.score: 15.0
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  18. Hamish Stewart (1997). The Law of Damages and the Prisoners' Dilemma: A Comment on 'Pure and Utilitarian Prisoners' Dilemmas'. Economics and Philosophy 13 (2):231-.score: 15.0
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  19. David M. Dudzinski (2003). Tobacco Litigation: Statistics Permitted for Proof of Causation and Damages in Class Action. Journal of Law, Medicine and Ethics 31 (1):161-163.score: 15.0
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  20. Carly N. Kelly & Michelle M. Mello (2005). Are Medical Malpractice Damages Caps Constitutional? An Overview of State Litigation. Journal of Law, Medicine and Ethics 33 (3):515-534.score: 15.0
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  21. Pierre F. Baconnier, Catherine Marey & Ahmed Ménaouar (1997). Simulation of Pulmonay Damages Induced by Inhaled CL2 on the Bronchial Tree. Acta Biotheoretica 45 (3-4).score: 15.0
    We have measured the change of lung mechanical parameters on isolated rabbit lungs exposed to chlorine gas (Cl{in2}). Experimental results show parallel increase in elastance and resistance of impaired lungs. We tried to determine whether this may be explained by a reduction of the ventilated areas in the lung, consecutive to closure of some airways. We have then tried to simulate these experimental results by studying the effects of various airways occlusions imposed on two concurrent models (symmetrical and dissymmetrical) of (...)
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  22. Marc Owen (1984). Some Aspects of the Recovery of Reliance Damages in the Law of Contract. Oxford Journal of Legal Studies 4 (3):393-420.score: 15.0
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  23. A. M. Viens (2007). The Use of Functional Neuroimaging Technology in the Assessment of Loss and Damages in Tort Law. American Journal of Bioethics 7 (9):63-65.score: 15.0
  24. N. Enonchong (1996). Breach of Contract and Damages for Mental Distress. Oxford Journal of Legal Studies 16 (4):617-640.score: 15.0
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  25. Stephen Kershnar (1999). Uncertain Damages to Racial Minorities and Strong Affirmative Action. Public Affairs Quarterly 13 (1):83-98.score: 15.0
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  26. W. Kip Viscusi (1999). Pro and Con: Punitive Damages Should Be Outlawed. Business Ethics 13 (3):7-7.score: 15.0
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  27. Diego Garcia (2009). C Hagossians Are Not Asking for Charity,” Said Louis Olivier Bancoult, the Elected Leader of the Exiled People of the Indian Ocean's Chagos Archipelago.“Chagossians Are Asking for Our Due for What has Happened Since We Were Deracinated.… For All the Damages That We've Suffered, to Recognize, to Give Reparation. To Give Reparation for All the Suffering That We Have Experienced During These Years.” But, He Added,“We Are Not Only Asking for Money. We Are Asking for Money, Compensation for Our Suffer-Ing ... [REVIEW] In Barbara Rose Johnston & Susan Slyomovics (eds.), Waging War, Making Peace: Reparations and Human Rights. Left Coast Press. 133.score: 15.0
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  28. Clarence C. Walton (forthcoming). Punitive Damages: New Twists in Torts. Business Ethics Quarterly.score: 15.0
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  29. Kate Welti (2001). Malpractice: Damages Limited to Amount That Medicare Paid Out. Journal of Law, Medicine and Ethics 28 (s4):112-113.score: 15.0
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  30. Beever Allan (2003). The Structure of Aggravated and Exemplary Damages. Oxford Journal of Legal Studies 23 (1).score: 15.0
     
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  31. J. L. Barton (1987). Contractual Damages and the Rise of Industry. Oxford Journal of Legal Studies 7 (1):40-59.score: 15.0
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  32. Andrew Burrows (2012). Damages and Rights. In Donal Nolan & Andrew Robertson (eds.), Rights and Private Law. Hart Pub..score: 15.0
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  33. Bruce Chapman (1995). Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice. In David G. Owen (ed.), Philosophical Foundations of Tort Law. Oxford University Press.score: 15.0
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  34. J. F. Keeler (1981). Taxation and Damages. Oxford Journal of Legal Studies 1 (1):137-142.score: 15.0
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  35. David Luban & W. Kip Viscusi (1999). Pro and Con: Punitive Damages Should Be Outlawed. Business Ethics: The Magazine of Corporate Responsibility 13 (3):7-7.score: 15.0
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  36. Yega Muthu (2009). Dworkin V Fish: Theoretical Premise of Awarding Damages for Psychiatric Illness in England and Australia. Archiv Fuer Rechts-Und Sozialphilosphie 95 (3):327-351.score: 15.0
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  37. Enonchong Nelson (1996). Breach of Contract and Damages for Mental Distress. Oxford Journal of Legal Studies 16 (4).score: 15.0
     
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  38. Robert J. Sharpe & S. M. Waddams (1982). Damages for Lost Opportunity to Bargain. Oxford Journal of Legal Studies 2 (2):290-297.score: 15.0
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  39. S. M. Waddams (1981). Inflation and Mitigation of Damages. Oxford Journal of Legal Studies 1 (1):134-136.score: 15.0
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  40. Clarence C. Walton (1991). Punitive Damages. Business Ethics Quarterly 1 (3):269-291.score: 15.0
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  41. Joseph Raz (2010). Responsibility and the Negligence Standard. Oxford Journal of Legal Studies 30 (1):1-18.score: 9.0
    The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the (...)
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  42. Vytautas Mizaras (2012). Issues of Intellectual Property Law in the Jurisprudence of the Constitutional Court of the Republic of Lithuania. Jurisprudence 19 (3):1111-1130.score: 9.0
    This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation and (...)
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  43. Dangutė Ambrasienė & Indrė Kryžiūtė (2012). Problems of Liability for Breach of a Preliminary Agreement. Jurisprudence 19 (2):561-583.score: 9.0
    Due to its specificity, the legal institute of preliminary agreement poses a number of questions. This pre-contractual agreement is not yet a contract. Therefore, the form and scope of legal protection will not be the same as that guaranteed to contracting parties. However, the European legal systems would claim that the relationships between the parties during pre-contractual negotiations have to be regulated and protected by the law. The first part of this article deals with the legal nature of pre-contractual liability: (...)
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  44. Anne Schwenkenbecher (2014). Collateral Damage and the Principle of Due Care. Journal of Military Ethics 13 (1):94-105.score: 8.0
    This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...)
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  45. [deleted]Anna Berti Lorenzo Pia, Francesca Garbarini, Carlotta Fossataro, Luca Fornia (2013). Pain and Body Awareness: Evidence From Brain-Damaged Patients with Delusional Body Ownership. Frontiers in Human Neuroscience 7.score: 8.0
    A crucial aspect for the cognitive neuroscience of pain is the interplay between pain perception and body awareness. Here we report a novel neuropsychological condition in which right brain-damaged patients displayed a selective monothematic delusion of body ownership. Specifically, when both their own and the co-experimenter’s left arms were present, these patients claimed that the latter belonged to them. We reasoned that this was an ideal condition to examine whether pain perception can be ‘referred’ to an alien arm subjectively experienced (...)
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  46. Jolanta Zajančkauskienė (2011). Questions of Compensation for Damage, Caused by the Criminally Insane Person's Criminal Act (article in German). Jurisprudence 18 (3):1145-1161.score: 8.0
    The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in the (...)
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  47. [deleted]Lorenzo Pia, Francesca Garbarini, Carlotta Fossataro, Luca Fornia & Anna Maria Berti (2013). Pain and Body Awareness: Evidence From Brain-Damaged Patients with Delusional Body Ownership. Frontiers in Human Neuroscience 7:298.score: 8.0
    A crucial aspect for the cognitive neuroscience of pain is the interplay between pain perception and body awareness. Here we report a novel neuropsychological condition in which right brain-damaged patients displayed a selective monothematic delusion of body ownership. Specifically, when both their own and the co-experimenter’s left arms were present, these patients claimed that the latter belonged to them. We reasoned that this was an ideal condition to examine whether pain perception can be ‘referred’ to an alien arm subjectively experienced (...)
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  48. Lisa Tessman (2001). Critical Virtue Ethics: Understanding Oppression as Morally Damaging. In Peggy DesAutels & Joanne Waugh (eds.), Feminists Doing Ethics. Rowman & Littlefield.score: 8.0
    A critically revised Aristotelian-based virtue ethics has something potentially useful to offer to those engaged in analyzing oppression and creating liberatory projects. A critical virtue ethics can help clarify one of the ways in which oppression interferes with flourishing; specifically, it helps clarify an aspect of oppression that can be called "moral damage.".
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  49. F. M. Kamm (2005). Terror and Collateral Damage: Are They Permissible? [REVIEW] Journal of Ethics 9 (3-4):381 - 401.score: 7.0
    This article begins by comparing terror and death and then focuses on whether killing combatants and noncombatants as a mere means to create terror, that is in turn a means to winning a war, is ever permissible. The role of intentions and alternative acts one might have done is examined in this regard. The second part of the article begins by criticizing a standard justification for causing collateral (side effect) deaths in war and offers an alternative justification that makes use (...)
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  50. Chrisoula Andreou (2006). Environmental Damage and the Puzzle of the Self-Torturer. Philosophy and Public Affairs 34 (1):95–108.score: 7.0
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