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This paper develops a game-theoretic model of a contract between a creditor and a debtor where equilibrium depends on the damage rule chosen for breach-of-contract situations, the use of impossibility-of-performance excuses and the level of legal contract enforceability. We find that, under perfect legal enforceability, the different alternative damage rules (based on expectation or reliance damages, with or without performance excuses) are able to induce an efficient performance by the contracting parties. But we also find that, if legal enforceability is imperfect, then a rule based on expectation damages with an excuse for impossibility of performance is likely to be more efficient than the other alternative damage rules. [ABSTRACT FROM AUTHOR]

Recent developments in the law of contract have led to a renewed interest in the concept of negotiating damages. The Supreme Court in Morris-Garner v One Step held that such damages may be awarded for breach of contract where the loss can be assessed appropriately by reference to the economic value of the right infringed. Such a right is considered a valuable asset of which the claimant is deprived by reason of the defendant's breach. This paper examines negotiating damages in light of the recent decision in Morris-Garner v One Step. [ABSTRACT FROM AUTHOR]

Damages from hurricanes and various windstorm events represent a loss of several billions of dollars in the United States. A loss of $30 billion was attributed to Hurricane Andrew alone in Florida in 1993. In 2004 and 2005, Florida, Louisiana, Mississippi, and other locations in the southeast United States and the Caribbean saw an unprecedented wave of major hurricanes causing great destruction and property damage. This paper discusses the topic of home design for high winds and hurricanes, and sums up a recently completed practical research on this subject. [ABSTRACT FROM AUTHOR]

Goal, Scope and Background. In the framework of LCA, land use is broadly accepted as an impact category. However, the methodology for the assessment of damages on the natural environment was and still is the subject of discussion. The main objective of this paper is to contribute to that discussion by providing a consistent methodological framework for the assessment of land occupation and transformation. Methods. We clarify the context of LCA relevant land use decisions. Based on that, we develop a formal model with damage functions and generic characterization factors for quantifying damages on ecosystems from land occupation and land transformation. The characterization factor for land occupation and land use change is labeled Ecosystem Damage Potential (EDP). We analytically address the substitutability of area and time occupied in order to produce a constant output. Results. Based on the proposed method, it is possible to calculate the damages from complex series of land transformation, land occupation, and land restoration. A main feature of the method is that land transformation is assessed based on a factual or virtual, restoration time. This means that the damage of land transformation is largest for land use types which are difficult to restore and need extremely long to develop (e.g. thousand of years and more for primary forest and peatbog). In addition, we could show that area and time of occupation are not substitutable. The more severe the damage potential of a specific land use type is, the better it is to minimize the area and maximize the duration of occupation. Discussion. An approach for the assessment of pure land occupation and land use change was developed in this paper, which is not geographically referenced. Developing geographically-referenced land use inventories and impact assessment methods can increase their accuracy. The information cost to provide geographically referenced data on land use for practical LCA applications, however, would increase enormously. Conclusions. An impact assessment method for land use with generic characterization factors improves the basis for decision-making in industry and other organizations. It can best be applied to marginal land use decisions; that is, to decisions in which the consequences are so small that the quality or quantity of environmental parameters of a region is not noticeably altered. Recommendations and Perspectives. One main problem to address is the development of reliable generic characterization factors, which express the ecosystem damage potential of specific land use types. The characterization factors should be developed on an empirical basis, which allow decision makers to get access to knowledge from environmental sciences in a very condensed form. In order to support decisions on distinct land use projects, methods should be developed, which allow accomplishing a generic assessment with site-dependent assessments. [ABSTRACT FROM AUTHOR]

In this paper, a model for the equivalence of types of damage in plane elasticity is suggested. The model is based on the evaluation of additional work done by the existing damage. Analysis has been carried out for four particular cases of damage: (a) an ellipse, (b) a line crack, (c) a triangular hole and (d) a square hole. These cases are equivalent to that of a circular hole with appropriate radius. [ABSTRACT FROM AUTHOR]

In this paper I have tried to identify and analyse some critical points that Regulation No. 526 of 2014 on clinical trials still presents. I have seen that in the face of a long gestation, the criticisms that have been made of the regulation have been various. If we think of the first criticism identified in the regulation, the so-called law shopping, we must affirm that the subject of experimentation is a very delicate matter since it has a direct and frontal impact on the guarantee of the right to health of European citizens and the use of law shopping does not provide adequate guarantees for the protection of the rights of those participating in a trial. Secondly, the marginalisation of the Ethics Committees whose role is decided at the level of the single national legal system does not ensure that components of independence and representation of the point of view of patients and their associations are guaranteed. This aspect is undoubtedly an important criticism of the regulation as the importance of the role played by the Ethics Committees in the assessment procedures for authorisation applications is not taken into fully consideration. Also, in this case, the economic need for simplification and speed of the evaluation procedure seem to prevail over the need to ensure a thorough and independent scientific and ethical review of authorisation applications. We believe that in the case of Regulation No. 536 of 2014, greater awareness of risks and opportunities will be achieved only by verifying in practice the possible distortions to which this legislation can lead. Only through serious monitoring and reporting of the effects of the regulation on the protection of patients' rights will it be possible to identify and indicate targeted changes to the rules contained therein and, of course, to adopt the consequent measures to reduce possible damages. In this sense, also on the basis of a possible and foreseeable future phase of gestation of Regulation No. 534 of 2014, we believe that in the European area, in the field of clinical trials but not exclusively, that trend, developed above all in the French context, of the "experimentation of laws" should be further cultivated. [ABSTRACT FROM AUTHOR]

This paper examines an idea which has made some headway into legal scholarship and case law, namely, that the violation of a right ought to sound in substantial (compensatory) damages in and by itself, independently of any factual loss caused to the claimant. This doctrine of 'normative damages' was rejected, rightly, by the High Court of Australia in the wrongful imprisonment case of Lewis v. ACT in 2020. However, although the rejection was unanimous, its clarity was undermined by the fact that the issue of normative damages was intertwined with considerations of causal counterfactuals and the definition of false imprisonment. This article considers the doctrine in a broader perspective, examining where it has come from and arguing that normative damages are wrong as a matter of principle: not only do they contradict foundational principles of the Anglo-Commonwealth law of damages, they effectively amount to considering the same injury twice. [ABSTRACT FROM AUTHOR]

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Cryptocurrency Regulation in a Robust Market - The Vietnamese Approach: The Vietnamese market has consistently demonstrated impressive levels of grassroots adoption of cryptocurrencies and, therefore, is always a prospective market for cryptocurrency development. This is one of the driving factors behind the need for effective cryptocurrency regulation in the country, so that investors and consumers are properly protected. However, as is the case with all new elements of the economy, regulating cryptocurrencies is a delicate process of balancing between economic development and protection of parties with limited leverage. If laws are too strict, then the market momentum is stifled and an economic opportunity is missed. Conversely, if laws are too lax, then the market is poorly regulated and fraud may become widespread and cause severe damages. This article aims to demonstrate the overall Vietnamese position on cryptocurrency regulation, including how it is being executed and how it might be executed in the foreseeable future. [ABSTRACT FROM AUTHOR]

There are various obstacles within the EU Member States, which currently prevent, to a greater or lesser extent, the possibility to successfully obtain damages for harm caused by an infringement of the EU competition rules. On 26 November 2014, an EU Directive on antitrust damages actions was adopted. This sets out some minimum ground rules in order to level the playing field across the Member States with a view to making it easier to actually pursue such actions and claims successfully. On a broader level, the Directive has incorporated specific provisions to promote the effective use of consensual dispute resolution as an alternative route to enabling the victims of EU competition law infringements to obtain compensation. This paper discusses the provisions of the Directive, in terms of its potential impact on the use of arbitration to obtain private damages within the EU. It outlines and analyses the existing legislative framework in relation to the public and private enforcement of EU competition law within the EU, the possibility to arbitrate EU competition law infringements and arbitration of EU competition law in practice. It then outlines and discusses both the provisions of the Directive in relation to consensual dispute resolution and some of its most relevant and noteworthy other provisions, in particular with regard to their potential impact on the arbitration of cases involving EU competition law infringements. Finally, the paper concludes on the potential for arbitration in this area in the future and whether the Directive is likely to have much of an impact in this regard. [ABSTRACT FROM AUTHOR]

In most of the common-law world, legislation provides for damages to be apportioned where the claimant is guilty of contributory negligence. This legislation gives judges considerable latitude to determine the extent to which damages should be diminished for contributory negligence. It imposes what will be called a system of 'discretionary apportionment'. This paper draws attention to the fact that, although most common-law jurisdictions are, by virtue of their apportionment legislation, in the thrall of the paradigm of discretionary apportionment, there are many, varied departures from this paradigm. This paper classifies these departures (which will be called fixed apportionment rules'), emphasises that they conflict with the apportionment legislation and considers how the conflicts ought to be resolved. An important conclusion reached is that it can plausibly be argued that the landmark decision in Froom v Butcher, at least as it has been understood in subsequent cases, was decided per incuriam. Froom sits uncomfortably with the apportionment legislation. Attention is then turned to the arguments for and against a discretionary system of apportionment as opposed to a system that incorporates more fixed apportionment rules. It is contended that much stands to be gained from introducing more fixed apportionment rules. [ABSTRACT FROM AUTHOR]

As population growth, economic development, and climate change increase the risks of inland flooding across the US and worldwide, a range of flood mitigation approaches must be considered and evaluated, including flood forecast and early warning systems (FFEWS). Cost–benefit analysis (CBA) has long been used to scrutinize flood mitigation investments, and although most applications have addressed physical infrastructure projects, a growing body of research has focused on assessing the benefits of information-based approaches such as FFEWS. This review summarizes research to date on the economic benefits of FFEWS, using value-of-information (VOI) analysis as a conceptual and organizing framework. This framework emphasizes the role of FFEWS in improving protective action decisions and flood-related outcomes. I also use the framework to categorize the methods used to assess FFEWS benefits, distinguishing between methods that focus specifically on prevented flood damage and those that take a more holistic VOI-based approach. Through a systematic search and screening of the literature, I identified 66 articles and reports published from 1970 to 2023 in more than 15 countries. Overall, I found that relatively few of the studies (15) applied a VOI-based approach, and most of them estimated VOI in relative rather than absolute (i.e., monetary) terms. In contrast, almost half of the studies used expert assessments or surveys of household or businesses to quantify the effectiveness of warnings for prompting protective actions and for reducing damages. Even so, evidence from these studies regarding the economic value of avoided flood damages is limited and is particularly lacking for the US. These findings highlight the continuing need for empirical research to inform VOI analyses of FFEWS and to isolate the effect of FFEWS on incurred flood damages and on protective action costs. [ABSTRACT FROM AUTHOR]

We analyze how a plaintiff acquires damage-level information and discloses it to the defendant during the discovery process when the plaintiff knows that the defendant is privately informed about the plaintiff's probability of winning at trial. The plaintiff can design the process for generating the damage-level information but cannot omit or misrepresent it. She does this with an understanding of how the defendant's updated beliefs after the discovery stage will impact pretrial negotiations. We find that the plaintiff prefers full disclosure when deciding between a pooling or a screening settlement demand depends on the damages level. In other scenarios, she is indifferent to how much information the discovery stage conveys about the damage level to the defendant. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article cites reasons for the failure of tort reform in Florida. It discusses the proposed goals of the tort reform system and the legislature's methods to accomplish those goals. Tort reform methods for limiting medical malpractice insurance premium lawsuits include statutory presuit process, the Florida Birth-Related Neurological Injury Compensation Plan, limitation of recovery against state-run hospitals, limitation of how much an injured party may recover and cap on noneconomic damages.

The study of property degradation of damaged composited laminates is extended to anisotropic laminates with matrix cracking. In (II) of the paper, a solution for partitioned stiffness is given to complete the constitutive relations developed in (I). The stiffness degradation in (θ m /90 m ) cracked laminates is calculated and the results are discussed. [ABSTRACT FROM AUTHOR]

The Philippines is prone to typhoons because of how it is geographically located around the globe. A recent event that devastated many parts of Mindanao and Visayas was super typhoon Odette with the international name "Rai." It was estimated that damage to infrastructures equates to over P17.71 billion as of January 10, 2022, and that Caraga Region has suffered the most significant loss totalling more than P12.82 billion. Due to the large-scale incurred damages, the number of people who were affected and suffered heavy economic loss, it is necessary to find ways that would provide spatial information to help decision-makers, stakeholders, and emergency respondents to prioritize areas which need the utmost concern. Over the past years, damage assessment maps were derived from optical images, which are weather-dependent and free. However, appropriate satellite images are hard to come by, especially during typhoons where clouds are prominent. Sentinel-1 SAR imagery was used because of its unique characteristics. It is not weather-dependent, before and after images from the event are available, and it is an open-source data. Damage maps were generated by detecting the change in the complex coherence between pre-and co-typhoon stacked images. Results were validated using high-resolution satellite images from reliable sources, finding out that there is good correspondence between the coherence-based change images and ground data depicted from high-resolution satellite images. It is concluded that Sentinel-1 SAR imagery could capture the extent of damages and help provide timely and accurate geospatial information during catastrophic events. [ABSTRACT FROM AUTHOR]

How do courts award noneconomic damages? Does it matter if the state is the defendant? This article addresses these questions in the context of medical malpractice appeals to the Spanish Supreme Court. Moreover, this study provides the first empirical analysis of the quantification of noneconomic damages in medical malpractice cases in administrative courts, where the state is the defendant, and in civil courts. This separation of jurisdictions is a common feature in civil law tradition countries. Yet, critics of this separation in general, and specialized courts in particular, argue that parties might be subject to different treatments and that similar cases might reach different outcomes, namely in terms of the quantification of damages. A consistent result of this paper is that no significant differences between noneconomic damages in civil and administrative appeals were found. The separation of jurisdictions does not necessarily imply that courts reach different outcomes, even when the state is the defendant. Citizens should not refrain from bringing their claims forward against the state, a more powerful party. In the current era of increasing juridification and judicialization of modern life (Ginsburg 2009; Hirschl 2006; Hirschl 2011), it is crucial for society that citizens and other parties litigating with the state are not disadvantageously treated. [ABSTRACT FROM AUTHOR]

This two-part paper specifically considers a landlord's ability to include in a claim for damages at the end of a lease a sum representing the loss of the rent the landlord would otherwise have been able to receive from a new tenant, had the outgoing tenant not delivered up the premises out of the covenanted for state and condition. The paper considers and contrasts the conceptual basis for such claims and discussing the conceptual issues arising from the special rules in respect of claims for damages for disrepair properly so-called, which flow from the case of Joyner v. Weeks and the Landlord and Tenant Act 1927, Section 18. The paper proposes a solution for the difficulties these special rules cause in respect of the general law of causation in damages claims. The paper examines both the legal and the valuation challenges in mounting such claims. It gives particular attention to the difficult issues arising with: the length of the period necessary to market the premises, even if they were in repair; the impact of a landlord being unwilling or unable to undertake repair works until the market has improved; and the position of a landlord who wishes to occupy the premises himself. The paper concludes with a practical, step-by-step procedure for the calculation of such claims (which is also conveniently summarised in a flowchart). This is intended to guide practitioners through the process of making such a claim as simply as possible. Part two of this paper will appear in Journal of Building Survey, Appraisal & Valuation Volume 8 Number 1. [ABSTRACT FROM AUTHOR]

This paper intends to contribute to the debate concerning the foundation and place of non-compensatory damages as a class of remedy applicable to contract law. It pursues this objective based on the theory that non-compensatory damages serve in modern contract law to incentivise and promote the creation of knowledge-based public goods through contracts. Connected with this argument is the view that the settled acceptance of non-compensatory damages in contracts can help in the deployment of contracts to supplement intellectual property (“IP”) law regimes in the creation of knowledge-based public goods. The postulations of this article are, chiefly, as follows: a) contract law remedies must respond to contemporary transactional hazards thrown up by the intangible economy; and, b) contracts can be assets per se when they border on critical social interests. [ABSTRACT FROM AUTHOR]

Survey responses show that beachgoers at unoiled beaches did not experience a loss in utility, which is consistent with the assumption underlying our proposed correction to welfare calculations at undamaged beaches. English, Tourangeau, and Horsch claim that the government's estimate of loss will still be correct even in this case, but they do not provide support for this assertion. They propose an alternative behavioral model based on unobserved perceptions that can produce any welfare loss ranging from our estimate to the government's estimate. However, the actual welfare loss under this alternative behavioral model cannot be identified empirically. (JEL D61, D81) [ABSTRACT FROM AUTHOR]

In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership when the child is born. He also acquires full parental responsibilities and rights if, regardless of whether or not he has ever lived with the child's mother, he consents or successfully applies to be identified as the child's father or pays damages in terms of customary law, and contributes or attempts in good faith to contribute to the child's upbringing and maintenance for a reasonable period. Several provisions of section 21 are unclear and/or unsatisfactory. The draft Children's Amendment Bill, 2018 seeks to address problematic aspects of the section. Unfortunately, the proposed amendments to section 21 leave one disappointed. Although some of the amendments are welcome, the draft Bill fails to address several of the uncertainties flowing from the current wording of section 21 and even creates additional uncertainties. The wording of many of the amendments has not been properly thought through, and the draft Bill fails to address the key question of whether the requirements in section 21(1)(b) operate conjunctively or independently. [ABSTRACT FROM AUTHOR]

The law on compensation of non-pecuniary loss in The Netherlands is in this paper approached from a historic perspective, because this sheds light on the current debate which still seems to fight the historical Dutch reluctance towards this head of damages. Dutch law and legal thinking on non pecuniary loss have developed against a background of Roman law, Canon law and indigenous law. Compensation for non pecuniary loss was certainly possible before the codifications of the 19th century; the code of 1838 was ambiguous about it and led to much discussion and ambivalent case-law. Not until 1943 was the issue decided by the Dutch Supreme Court, in favour of compensation. The right to compensation of non-pecuniary loss was in the modern Civil Code of 1992 explicitly granted in both contract and tort and is recognized in a number of types of cases, limitedly enunciated by statute. This ‘closed model’ does, nevertheless, not impede the courts from developing the categories of cases in which a right to compensation is accepted. In this paper these developments are described and evaluated. Furthermore, perspectives and desires for further developments with regard to damages for bereavement, satisfaction in case of infringements of fundamental rights, improvement of the assessment of quantum and increase of quantum are drawn and advocated. [ABSTRACT FROM AUTHOR]

This paper seeks to give an integrated and critical account of the availability of damages for non-pecuniary loss in England and Wales across contract and tort. In the past the availability of such damages in the law of obligations has been addressed in the context of separate discussions of available remedies for either breach of contract or the commission of a tort. The proposal in this paper is structured around a variation of a six-fold classification which has received recent endorsement by the English Court of Appeal in the important and remarkable, but mostly unnoticed, case of Simmons v Castle (2012). [ABSTRACT FROM AUTHOR]

This paper addresses the application of Article 4 and Article 26 ("Public Policy of the forum") of Rome II Regulation specifically in relation to claims for bereavement damages in cross-border fatal accidents. It does so by first illustrating an Italian Supreme Court's judgment that disapplied Austrian law denying awards for non-pecuniary damages to secondary victims. This precedent and other developments, including recent ECJ judgments on Motor Insurance Directives, show that there are grounds for national judges to limit the negative effects of Article 4: the 'public policy' rule can be an effective weapon against any denial of or any relevant restriction to victims' right to full and fair compensation. More in general this paper's conclusion is that a national judge, pursuant to Article 26, is entitled to disapply the foreign law which, in contrast with his internal public policy, would require him to discriminate in peius among victims suffering violations of fundamental rights. [ABSTRACT FROM AUTHOR]

This paper seeks to answer the question whether distributed damage is something that a South African or common law tort scholar needs to care about. After explaining what distributed damage is and why it is thought to be problematic, the paper points out that the solution to the supposed problem of distributed damage is usually thought to lie in the law of civil procedure. But the paper goes on to raise the possibility that, while the problem of distributed damage is to be solved by the law of procedure, distributed damage poses a problem only because of the law of tort. As the paper explains, whether that is so depends on whether tort law is understood from an 'instrumentalist' or a 'rights-based' perspective. From the instrumentalist point of view, distributed damage does pose a problem for tort law, because it compromises its aim of deterring economically inefficient behaviour. From the rights-based point of view, by contrast, distributed damage does not pose a special problem for the law of tort. At best it provides a special opportunity for the partial solution, by procedural means, of a problem raised by all cases of trivial damage (and not only cases of trivial damage that is also distributed). [ABSTRACT FROM AUTHOR]

The article discusses the impact of the British withdrawal from the European Union (EU) on competition damages litigation in Great Britain. Topics include other states in Europe that have seen similar growth with Great Britain in competition law damages, jurisdiction and the enforcement of foreign judgments following Brexit, and applicable law in EU member states.

We clarify the conventional claims concerning the most popular damage measures: expectation damages (ED), constant damages (CD), and reliance damages (RD). We strictly examine strategies versus outcomes in equilibrium and make several new investigations. In terms of equilibrium outcomes, we obtain results that contrast with the existing claims. The main results are: First, ED always results in overperformance. Second, CD, in general, does not guarantee efficient reliance. Third, overbreach need not be realized under RD. Overall, this paper also shows that simultaneity in contract games is more important than has been traditionally supposed in the literature. [ABSTRACT FROM AUTHOR]

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This paper examines how a translocal approach could enrich conceptualisations of human mobility in the context of the current climate regime. Drawing on the concept of 'translocal legalities', it is argued that a socio-legal and translocal analysis could inform the existing analyses of climate-related mobility. Through the case of post-cyclone Idai relocations in Mozambique, it demonstrates the need to capture multi-faced and multi-level aspects of climate-related mobility. This involves different degrees of adaptation but also inevitable losses and damages that defy conventional categorisation into economic or non-economic. A translocal approach, which is empirically grounded in local realities, but also takes into account national and international level developments, can enable a more nuanced understanding of climate-related relocations. It provides insights into both the adaptation and loss and damage aspects in their full complexities and thereby brings about a more informed perspective on human mobility in the current climate regime. [ABSTRACT FROM AUTHOR]

Structural Health Monitoring (SHM) incorporates techniques for implementing a damage detection and characterization for engineering structures. Visual inspection remains the primary technique to inspect the health of civil structures such as bridges, roads, dams and buildings despite being time-consuming and posing a significant risk to human life in inspecting specific structures. Unmanned Aerial Vehicle Assisted Structural Health Monitoring (UAVSHM) has emerged as a viable and promising option for SHM. However, UAVs are equipped with limited battery supply and onboard computational power. They are unsuitable for active damage detection, i.e., detecting damages to civil structures in real time. This paper firstly advocates using an edge device as a UAV payload to conduct active damage detection. Secondly, it compares traditional machine learning and transfer learning approaches to build Convolution Neural Network (CNN) models for damage detection using an edge device. The results show that edge devices have an acceptable latency to facilitate real-time damage detection for UAVSHM. [ABSTRACT FROM AUTHOR]

The study analyses the way compensations are granted in the case moral damages were caused to the victim, if the action is settled according to the Law no. 554/2004 on administrative litigations of assimilated administrative acts. Ab initio, there are presented the principle of legality and minimum general notions on administrative litigations. Later, the paper approaches the notions of "damages", "loss" and "compensation". The author then provides further clarification on "material damages"-"moral damages" dichotomy which may be found in the law on administrative litigations. Consequently, jurisprudential elements which denote a practice which lacks unity in approaching compensations given to damaged persons are emphasized. [ABSTRACT FROM AUTHOR]

This paper establishes centralized decision-making models (CDMM) and decentralized decision-making models (DCDMM) for a two-echelon logistics service supply chain (LSSC) composed of an integrator and a functional provider. This takes into consideration implementation of corporate social responsibility (CSR). The equilibrium decisions are obtained and the impacts of CSR on the price, service level, consumer surplus, profit, and utility of the LSSC are discussed. A newly designed two-part pricing contract ensures implementation of CSR. We demonstrate that (1) under DCDMM, improvement of the functional provider's CSR has more positive effects on the level of service, market demand, consumer surplus, overall profit, and utility of the LSSC than the same level of CSR for an integrator. (2) An increase of one member's CSR upgrades the profit of the other members but damages its own profits. Therefore, LSSC members' final profits will depend on the influence of CSR on both sides. (3) There is an optimal total critical CSR value for an integrator and functional provider. If the sum of both CSR values exceeds this, the profit under CDMM will be less than that under DCDMM, and LSSC members need not implement contract coordination. Finally, a numerical example is used to verify the relevant conclusions. [ABSTRACT FROM AUTHOR]

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The author comments on the agreement that has been reached at the European Union (EU) institutional level on the Directive on damages actions for breaches of EU and national competition law. Topics covered include the two important goals the Directive pursues, the three main tasks of the competition rules and the state of private enforcement of competition law in Europe. Also discussed are the judicial and legislative developments that have influenced the Commission proposal for a Directive.

This paper analyses developments and debates regarding legal and human rights issues relevant to the Australian HIV response in the context of treatment as prevention (TasP). A refocusing of prevention priorities on individual responsibilities to 'test and treat' without regard to the legal and human rights context is, we argue, problematic. The paper maintains that the justification of testing and treating for the greater good risks eroding the foundations of a human rights-based approach to HIV prevention, and that the TasP agenda as presently conceived may divert attention from pressing law reform issues relating to sex work, illicit drug use, and criminalization of HIV transmission. [ABSTRACT FROM AUTHOR]

There has been a tendency for the criminal law to be used primarily as a tool of deterrence in corporate governance. Adopting the Singapore statutory framework as a case study, this paper explores whether we should criminalise directorial negligence in an effort to better secure corporate governance standards. Is it a good idea to brand negligent directors as criminals? If so, what should be the proper standard for criminal negligence? On what grounds, then, might we justify criminalising directorial negligence? This paper explores the merits of various possible rationales which might be mounted in support of criminalisation. It argues that directorial negligence ought not be criminalised, and that the best response to directorial negligence is instead a pecuniary penalty, which combines the punitive aspect of criminal law and the civil response, but which removes the condemnation and stigma associated with the criminal law. [ABSTRACT FROM AUTHOR]

This paper revisits the accident model at its roots and shows that the intensity principle provides a powerful analytical tool to handle a variety of issues in a unifying frame and based on common intuition. If courts impose inefficient standards, if a cap on liability exists, or if the principal must pay an information rent to induce precaution, the exact method of quantifying damages matters. The intensity principle allows comparing the intensity of precaution incentives under different damages regimes, such as strict liability, proportional liability, and the negligence rule. Moreover, it requires less restrictive assumptions than the more traditional approach. [ABSTRACT FROM AUTHOR]

The article focuses on colonial representation, structure and knowledge systems, and prioritized southern, marginalized and silenced perspectives for offering alternative methods to examine social issues. It mentions damages caused by Eurocentric systems of power and form of entertainment for public consumption and the literal horrific experiences that Indigenous peoples face as a result of settler colonialism and ongoing violence. It also mentions theorizations of citizenship and nationhood.

Claims for damages to insured property due to environmental calamities are becoming more common place. As the insurance industry experiences an increasing number of environment-related claims, property owners are being saddled with increasing insurance premiums to cover the growing risks associated with environmental perils. This paper examines the application of the doctrine of imminent peril as it relates to insurance law in the context of such environmental insurance claims. In doing so, the paper reviews the history of the doctrine and critically examines the decision of the Nova Scotia Court of Appeal in Garden View Restaurant Ltd. v Portage La Prairie Mutual Insurance Co. where the doctrine was unsuccessfully applied in the context of a domestic oil spill clean-up claim. Through this critical analysis it is proposed that despite the Court's narrowing of the application of the doctrine of imminent peril, it may still be applied to future domestic oil spill cases. Finally, the Court of Appeal's reasoning is used to examine how an insured property owner may apply the doctrine of imminent peril to take proactive steps to protect their insured assets from environmental calamities arising from climate change-driven sea level rise. The paper concludes that despite the Nova Scotia Court of Appeal's ruling in Garden View, there is the possibility that this doctrine may still be successfully applied to various environmental calamities. [ABSTRACT FROM AUTHOR]

In this paper, safety evaluation for tunnels through steeply inclined strata in cold regions is proposed, for evaluating the safety of lining structures with existing or underlying frost heave damage. Laboratory model tests are performed to investigate the distribution characteristics of the frost heave force that acts on the lining structure, which plays an important role in the assessment of safety. The sidewall frost heave model is determined as the most fitting frost heave model in steeply inclined strata based on the available experimental data. The stress increments under frost heave can be obtained by applying the sidewall frost heave model to numerical simulations. Specifically, the maximum stress in the lining structure mainly includes two parts: the initial maximum stress under self-weight and the stress increment from the frost heave. The safety factor can be calculated through the ratio of the lining material's strength to the maximum stress in a worst-case scenario. Finally, the practicality of the safety evaluation method is confirmed through an examination of the Balang Mountain tunnel in Southwest China. [ABSTRACT FROM AUTHOR]

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