Damages and compensation Books
Edward Elgar Publishing Ltd Competition Damages Actions in the EU and the UK:
Book SynopsisCompetition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.This significantly expanded, restructured, and updated edition sets out the law in relation to actions for damages for loss caused by infringements of articles 101 and 102 of the TFEU, in both the EU and UK. The book now provides detailed guidance on the jurisprudence emanating from both jurisdictions, with careful reference, as in previous editions, to Directive 2014/104, and incorporating additional detail throughout on the variations in practice and interpretation in key member states.The book provides guidance on substantive issues, such as quantification of loss and pass-on, as well as evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. New to this edition is extensive treatment of collective redress in the EU and collective proceedings in the UK. In addition, the book has been restructured so that material on the parties to litigation and limitation, for example, are clearly presented in new chapters.Key features of the third edition include: The first major substantive volume to set out the law relating to actions for damages under EU competition law in both the EU and UKComprehensive and clearly structured reference point for this complex fieldUpdates on national developments from key jurisdictionsIncreased material on jurisdictionExtensive treatment of collective actionThe new edition of this comprehensive reference work remains a must-have resource for all competition practitioners in the EU and UK – from lawyers in private practice to in-house counsel, and from judges to officials at competition enforcement agencies. Trade Review‘Witnessing the advancement of private redress for competition infringements in the EU over the past 15 years has been one of the great joys of my professional life. David Ashton's book combines an excellent and up-to-date comparative and analytical perspective on national developments with an accessible practitioners’ guide for quantification of damages. It is a fine addition to the bookshelves of scholars and advocates.’ -- Michael D. Hausfeld, Chair Emeritus, Hausfeld LLP‘This book provides a comprehensive and up-to-date overview of the key issues relating to competition damages actions, one of the most dynamic areas in competition law in the EU and the UK. The involvement of experienced practitioners ensures a very high degree of practical relevance across the key jurisdictions in Europe.’ -- Till Schreiber, CDC Cartel Damage Claims‘An excellent book providing a practitioner-oriented overview of key aspects for the effective enforcement of competition damages claims throughout the European Union, with detailed examination of the specifics and the challenges inherent to the actual conduct of competition cases in front of the national courts.’ -- Vasil Savov, CDC Cartel Damage ClaimsTable of ContentsContents: Foreword Introduction The legal basis of the right to damages Jurisdiction The law applicable to the claim Directive 2014/104/EU: Temporal scope The parties to litigation Limitation Harm Damages I Damages II Proving the infringement Further issues relating to evidence – I Further issues relating to evidence – II: Publication of information relating to an infringement by the Commission or an NCA Procedural issues Parameters to claims, including causation Collective redress in the EU Collective proceedings in the UK Quantification of antitrust damages: Frank Maier-Rigaud and Ulrich Schwalbe
£194.75
Oxford University Press Guidelines for the Assessment of General Damages
Book SynopsisThe Guidelines are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. This new edition has been updated to take into account inflation since the last edition, and also includes new sections on sexual abuse and work-related limb disorders.Trade ReviewReview from previous edition Reviews from previous edition - As all judges involved in hearing personal injury cases will automatically receive a copy of this book, it would seem obvious that no personal injury lawyer should be without it. Certainly for anyone professionally involved in calculating quantum, the purchase of this slim and succinct volume should be considered a necessity. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *The work has become essential for practitioners and now I would not dream of advising on a personal injury matter without referring to the JSB Guidelines first. * Middlesex Law Society: The Bill of Middlesex *You and your practice need this guide if you are involved in any aspect of personal injury work. We hope that other suitable guides will be published by the Judicial College and OUP in the future (for instance, online courts) because they make our working lives much easier as practitioners and they are a boon for unrepresented parties as well. * Elizabeth Taylor & Phillip Taylor MBE, Richmond Green Chambers *Table of Contents1: Injuries Resulting in Death 2: Injuries Involving Paralysis 3: Brain and Head Injury 4: Psychiatric and Psychological Damage 5: Injuries Affecting the Senses 6: Injuries to Internal Organs 7: Orthopaedic Injuries 8: Work-related Limb Disorders 9: Chronic Pain 10: Facial Injuries 11: Scarring to Other Parts of the Body 12: Damage to Hair 13: Dermatitis and Other Skin Conditions 14: Minor Injuries
£27.48
Thomson West Products Liability in a Nutshell
Book Synopsis
£36.51
University of California Press Negligence Without Fault
Book SynopsisThis title is part of UC Press's Voices Revived program, which commemorates University of California Pressâs mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
£34.00
University of California Press Negligence Without Fault
Book SynopsisThis title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
£76.00
Edward Elgar Publishing Private Law Remedies
Book SynopsisThis insightful book outlines the remedies for private law wrongs such as breach of contract, breach of fiduciary duty, breach of trust and tort. With a focus on English law, it provides an accessible, up-to-date and commercially centred overview of this complex field.
£123.50
Rowman & Littlefield When Deadly Force Is Involved
Book SynopsisSelf-defense, as a legal concept, is easy to describe but difficult to apply. Generally, a person who is without fault may use reasonable force or defensive force for the purpose of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force, provided there is no reasonable alternative to avoid it. When someone begins to parse the words of this description, however, he or she runs immediately into a maze of self-defense laws that appear to be at odds with each other. Bruce Lawlor clears up the confusion by identifying the major issues that surface in most self-defense cases and by describing how the law has dealt with them historically. Its purpose is not to provide legal advice, but to illuminate the path that must be taken to decide whether a claim of self-defense is valid. It examines a variety of issues, including the duty to retreat and stand-your ground laws, what is a deadly threat, when is fear of mortal danger reasonable, andTrade ReviewWhat justifies the use of lethal force in self-defense? On the surface, it seems to be a simple concept, particularly to laymen; but the question is one of the most complex and thorny legal issues that prosecutors and courts of law can deal with. The right to self-defense is actually perhaps the most narrowly defined of all human rights; that is something that most laymen do not understand even though it is attempted as a defense every day in homicide trials. Bruce M. Lawlor presents an excellent study of the issues involved in self-defense in a clear in understandable manner in When Deadly Force is Involved. It is a book that should be read by every American who owns a gun as it lays out the perceived parameters of that define the justifiable use of lethal force. * The Washington Times *Lawlor, a retired military officer and attorney with a background in security who is also a licensed firearms instructor, presents a straightforward analysis of U.S. self-defense laws by providing a variety of actual cases for readers to consider. By drawing heavily from legal transcripts, Lawlor provides minute-by- minute reviews of the cases, covering the smallest of details that prompted the use of deadly force. From necessity to imminent harm to reasonable force to the now-infamous stand your ground, Lawlor addresses 15 different issues related to self-defense, reviews how cases were or were not prosecuted, and discusses how judges and juries make their decisions. He largely avoids political conclusions, sticking with the facts behind the cases he presents, thus freeing readers from typical gun-related talking points.... Lawlor’s dispassionate approach will be appreciated by those interested in learning about the legal aspects of self-defense. * Booklist *When Deadly Force is Involved ... [is] refreshingly innovative in its approach.... What I find most impressive about Mr. Lawlor’s methodology and style is that it makes this particular book much more readable and understandable to the average layperson than many texts on self-defense. This is helpful, because most people who carry firearms are not attorneys, and they often express frustration at the complicated legal jargon that can be hard to translate into useful information they can use in their daily lives.... When Deadly Force is Involved is a book that will give anyone who owns and/or carries a firearm an enhanced understanding of how the legal process surrounding a self-defense case actually unfolds in the real world. Understanding these realities can help the reader avoid making some of the more common errors in judgment that have turned what otherwise would have been a legitimate case of self-defense into a conviction for assault, attempted murder, manslaughter or, in extreme cases, 2nd or even 1st degree murder. * USCCA (United States Concealed Carry Association) *A very thought-provoking read. -- Massad Ayoob, Firearms and Self-Defense Instructor, Massad Ayoob GroupIn this work, Bruce Lawlor traces major themes in defensive force cases through a decidedly pro-gun lens. I found his imaginative reworking of leading cases to be at times both fascinating and even provocative. -- Greg O'Meara, Professor, Creighton University Law SchoolLawlor brings fresh eyes and angles to the deadly force definitions for self defense. A fascinating read. -- Hanan Yadin, former member of IDF and Israeli General Security Services; tactical and antiterrorism consultant, ISI Training CenterBruce Lawlor uses situations which relate self defense to everyday life. I found this book to be very informative and would recommend it to anyone interested in furthering their knowledge of self defense and the law. -- Larry Akins, former law enforcement firearms instructor and Sheriff's deputyI found this book informative and interesting. It should be read by anyone who thinks he knows something about self-defense. Understanding what Bruce Lawlor has written provides a great awareness of the legal issues involved in self-defense. -- John P. Ford, Certified Firearms Instructor in Self-DefenseTable of ContentsIntroduction 1: Necessity 2: Intent 3: Provocation 4: Deadly Threats 5: Verbal Threats 6: Imminent Harm 7: Reasonable Fear 8: Duty to Retreat 9: Stand Your Ground 10: Castle Doctrine 11: De-escalation 12: Mistake 13: Reasonable Force 14: Threatened 15: Decisions
£33.30
Edinburgh University Press Expenses
Book SynopsisThis practitioner's guide is the the first up-to-date overview of the costsand funding landscape in Scotland.
£135.00
Intersentia Ltd The EU Private Damages Directive - Practical
Book SynopsisThis book on the EU Private Damages Directive (PDD) offers an in-depth discussion of selected issues of interpretation of the PDD. The Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of competition law by an undertaking or by an association of undertakings, can effectively claim full compensation for that harm from that undertaking or association.Each section corresponds with a chapter of the PDD and commences with a description of the general context within which the specific questions must be placed and understood. The outcome of the actual discussion is then provided in a Q&A format.The chapters are the result of a Closed Workshop organised on 21 May 2015 in Brussels, Belgium and which was attended by a group of competition law specialists from the majority of the EU Member States.Table of ContentsCO N T E N TS List of Abbreviations ... vii Introduction ... 1 Chapter I. Subject-Matter, Scope and Defi nitions ... 3 1. General context ... 3 2. Discussion of relevant provisions of the PDD ... 7 a. Article 1 PDD: subject-matter and scope... 7 b. Article 2(1) PDD: infringement of competition law... 11 c. Article 2(3) PDD: national competition law ... 12 d. Article 2(4) PDD: action for damages ... 14 e. Article 2(14) PDD: cartel ... 17 f. Articles 2(16) and 2(19) PDD: leniency statement and immunity recipient ... 20 g. Article 3 PDD: right to full compensation ... 21 h. Article 4 PDD: principle of effectiveness and equivalence ... 25 Chapter II. Disclosure of Evidence ... 29 1. General context ... 29 2. Discussion of relevant provisions of the PDD ... 32 a. Article 5 PDD: disclosure of evidence ... 32 b. Article 6 PDD: disclosure of evidence included in the fi le of a competition authority ... 35 c. Article 7 PDD: limits on the use of evidence obtained solely through access to the file of a competition authority ... 41 d. Article 8 PDD: penalties ... 43 Chapter III. Effect of National Decisions, Limitation Periods, Joint and Several Liability ... 47 1. General context ... 47 2. Discussion of relevant provisions of the PDD ... 48 a. Article 9 PDD: effect of national decisions ... 48 Intersentia The EU Private Damages Directive - Practical Insights b. Article 10 PDD: limitation periods ... 50 c. Article 11 PDD: joint and several liability ... 52 Chapter IV. The Passing-on of Overcharges ... 59 1. General context ... 59 2. Discussion of relevant provisions of the PDD ... 60 a. Article 12 PDD: passing-on of overcharges and the right to full compensation ... 60 b. Article 13 PDD: passing-on defence ... 63 c. Article 14 PDD: indirect purchasers... 64 d. Article 15 PDD: actions for damages by claimants from diff erent levels in the supply chain ... 67 e. Article 16 PDD: guidelines for national courts ... 69 Chapter V. Quantification of Harm ... 71 1. General context ... 71 2. Discussion of relevant provisions of the PDD ... 72 a. Article 17 PDD: quantification of harm... 72 Chapter VI. Consensual Dispute Resolution... 75 1. General context ... 75 2. Discussion of relevant provisions of the PDD ... 75 a. Article 18 PDD: suspensive and other effects of consensual dispute resolution ... 75 b. Article 19 PDD: effect of consensual settlements on subsequent actions for damages ... 77 Chapter VII. Final Provisions ... 81 a. Article 20 PDD: review ... 81 b. Article 21 PDD: transposition ... 81 c. Article 22 PDD: temporal application ... 82 d. Article 23 PDD: entry into force ... 82 e. Article 24 PDD: addressees ... 82 Annex 1. Private Damages Directive ... 83 Annex 2. List of Participants in the Closed Workship ... 105 Index ... 107 Intersentia
£40.85
Intersentia Ltd Punitive Damages in Private International Law:
Book SynopsisAlthough European scholars have called U.S. punitive damages an "(undesired) peculiarity of American law " and the "Trojan horse of the Americanisation of continental law", the European Union cannot close its eyes to this important feature of U.S. law. Despite being under constant scrutiny, punitive damages have a strong foothold on the other side of the ocean. Moreover, due to increased globalisation, transnational litigation is arguably on the rise. In cross-border law suits, it is inevitable that a jurisdiction will encounter legal institutions that are alien to the substantive law of the forumThis book examines the private international law treatment of American punitive damages in the European Union. It poses the crucial question whether U.S. punitive damages (should) penetrate the borders of the European Union through the backdoor of private international law. More specifically, three areas of private international law are analysed: service of process, applicable law and enforcement of judgments.In addition to describing the current positions in case law and scholarship, the book takes a normative perspective and attempts to formulate concrete guiding principles that can be used when the European legal order faces U.S. punitive damages. It, therefore, provides an invaluable resource for practitioners, judges and authorities confronted with this controversial remedy. Furthermore, as a nation's private international law attitude indicates the country's level of tolerance towards a foreign concept unknown in its own legal system, the book can form an essential building block for discussions amongst legislators surrounding the introduction of the remedy of punitive damages in substantive law.
£54.15
Edward Elgar Publishing Ltd Rethinking the Law of Contract Damages
Book SynopsisIn this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.Trade Review‘There is much to recommend this book, particularly if you enjoy having long-held assumptions about a case challenged. Goldberg is to be warmly commended for speaking to an audience beyond the US. I hope that he continues to turn his gaze to English case law (and perhaps beyond) and causes us all to rethink some of the assumptions we operate under.’ -- Katy Barnett, Cambridge Law Journal'Professor Goldberg's book provides a wealth of new insights into the English cases on contract damages, through impressively detailed research that includes the unearthing of new materials. Goldberg notes from the outset that he comes to English law ''as an outsider'' and the lens through which he evaluates the cases rests on a premise that many English contract scholars are unlikely to accept. And yet, as a spur to ''rethinking'' contract damages, this approach makes a provocative and valuable contribution, and I learned a lot from reading the book.' --Andrew Summers, London School of Economics, UKTable of ContentsContents: Introduction Part 1. Direct Damages 1. Reckoning Contract Damages: Valuation Of The Contract As An Asset 2. After The Golden Victory: Still Lost at Sea 3. The Lost Volume Seller, US 4. The Lost Volume Seller, UK 5. British Westinghouse and The New Flamenco: Misunderstanding Mitigation 6. The Middleman’s Damages Revisited 7. Contract Damages when there are Sub-Sales, UK 8. Rethinking Jacob and Youngs v. Kent Part 2. Indirect Damages 9. Victoria Laundry’s Dirty Linen 10. Consequential Damages and Exclusion Clauses, US 11. Consequential Damages and Exclusion Clauses, UK 12. The New Business Rule and Compensation for Lost Profits Bibliography Index
£100.00
Edward Elgar Publishing Ltd Rethinking the Law of Contract Damages
Book SynopsisIn this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.Trade Review‘There is much to recommend this book, particularly if you enjoy having long-held assumptions about a case challenged. Goldberg is to be warmly commended for speaking to an audience beyond the US. I hope that he continues to turn his gaze to English case law (and perhaps beyond) and causes us all to rethink some of the assumptions we operate under.’ -- Katy Barnett, Cambridge Law Journal'Professor Goldberg's book provides a wealth of new insights into the English cases on contract damages, through impressively detailed research that includes the unearthing of new materials. Goldberg notes from the outset that he comes to English law ''as an outsider'' and the lens through which he evaluates the cases rests on a premise that many English contract scholars are unlikely to accept. And yet, as a spur to ''rethinking'' contract damages, this approach makes a provocative and valuable contribution, and I learned a lot from reading the book.' --Andrew Summers, London School of Economics, UKTable of ContentsContents: Introduction Part 1. Direct Damages 1. Reckoning Contract Damages: Valuation Of The Contract As An Asset 2. After The Golden Victory: Still Lost at Sea 3. The Lost Volume Seller, US 4. The Lost Volume Seller, UK 5. British Westinghouse and The New Flamenco: Misunderstanding Mitigation 6. The Middleman’s Damages Revisited 7. Contract Damages when there are Sub-Sales, UK 8. Rethinking Jacob and Youngs v. Kent Part 2. Indirect Damages 9. Victoria Laundry’s Dirty Linen 10. Consequential Damages and Exclusion Clauses, US 11. Consequential Damages and Exclusion Clauses, UK 12. The New Business Rule and Compensation for Lost Profits Bibliography Index
£32.25
Edward Elgar Publishing Ltd The Impact of the Damages Directive on the
Book SynopsisThis cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive’s main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims.Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.Trade Review‘This high-quality book is appreciated for its clear and justified methodology, its in-depth analyses, and its concrete proposals for improvement. The author accompanies the reader with numerous examples and offers a rich appendix to complement his comments. A book to be recommended without hesitation!’ -- Agne`s Reinhold, Concurrences‘The construction of an effective enforcement regime that compensates the victims of EU competition law infringements continues to present a multifaceted challenge for policy-makers and legislatures. Indeed, despite the adoption of the EU Directive on antitrust damages, how that specific challenge can be overcome in Europe is as of yet unresolved. Through critical evaluation of the applicable EU law, Philipp Kirst’s well-researched and carefully-argued book helpfully scrutinises key aspects of the challenge at issue. It presents numerous perceptive, insightful analyses that, along with the recommendations advanced, deserve to be very closely examined by stakeholders. It is a welcome, important and convincing addition to the literature.’ -- Peter Whelan, University of Leeds, UKTable of ContentsContents: Preface 1. Introduction to the EU enforcement system and the goals of the Damages Directive PART I THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE: A NEW LEVEL PLAYING FIELD IN EUROPE? 2. The implementation of the Damages Directive: harmonised rules on competition damages litigation in Europe? PART II CONTRIBUTION AMONG JOINT INFRINGERS OF COMPETITION LAW IN LIGHT OF THE DAMAGES DIRECTIVE 3. Lessons from the US: the no-contribution rule and its inapplicability in Europe 4. Getting contribution right: the allocation of liability among joint infringers of EU competition law based on relative responsibility 5. The quantification of the role in the cartel for the relative responsibility of joint infringers of EU competition law PART III THE IMPACT OF THE DAMAGES DIRECTIVE ON THE EU LENIENCY PROGRAMME 6. A missed opportunity to reconcile compensation of victims and leniency incentives PART IV THE NEED TO RECONCILE FINES AND DAMAGES FOLLOWING THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE 7. A new approach to the calculation of competition fines to reconcile fines and damages 8. Concluding remarks Index
£120.00
Edward Elgar Publishing Ltd Tort Liability and Autonomous Systems Accidents:
Book SynopsisAutonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions.Its chapters question the adequacy of accident compensation systems designed around the human wrongdoer, or a human whose conduct can be attributed to a legal person, when the 'wrongdoer' is an autonomous system. With a multi-jurisdictional approach, including both common and civil law perspectives, this book examines the many challenges that autonomous systems present in tort law and sets forth that tort lawyers will need to significantly adjust their thinking to face these challenges. Focus is given to proposals and developments at an EU level and finding solutions to the problems brought about by autonomous systems.This insightful text will be of great value to both students, researchers and practitioners in tort law, accident compensation and AI. High tech companies, think tanks, consultancies and organisations interested in autonomous systems and accidents will also widely benefit from its expertise.Trade Review‘Autonomous systems are increasingly challenging tenets of tort law and its liability schemes. The authors in this book discuss several solutions to tackle the shortcomings of today's law. The volume provides an impressive guide for both scholars and legislators.’ -- Ugo Pagallo, University of Turin, ItalyTable of ContentsContents: 1 Tort Liability and Autonomous Systems Accidents – Challenges and Future Developments 1 Phillip Morgan 2 Liability for Damage Caused by Artificial Intelligence – Some Food for Thought and Current Proposals 27 Jan De Bruyne and Orian Dheu 3 AI Systems and the Issue of Liability in the European and National Regulatory Strategies 63 Erica Palmerini 4 AI-Generated Torts 97 Ryan Abbott 5 Civil Liability Applicable to Artificial Intelligence: A Preliminary Critique of the European Parliament Resolution of 2020 122 Henrique Sousa Antunes 6 Liability for Complex Systems: The Challenge of Robotic Technology in Private Law 143 Attila Menyhárd 7 Artificial Intelligence and Medical Decision-Making: Wind of Change for Medical Malpractice Liability and Insurance? 167 Özgün Çelebi and Ayşegül Buğra Şar 8 Autonomous AI Torts: A Comparative Law and Economics Approach 188 Mitja Kovac 9 Civil Liability all at Sea: The Challenges of Unmanned Cargo Ships 211 Simon Baughen 10 Robotics Regulation and Liability Issues Concerning Robotic Technologies in the Oil and Gas Sector 234 Kyriaki Noussia and Maria Glynou Index 258
£99.75
Edward Elgar Publishing Ltd The Passing-On Problem in Damages and Restitution
Book Synopsis‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.Key Features: A specific focus on EU law and guidance that will be relevant to lawyers throughout the EU A multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain Practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts Extensive updates comprising new case law and materials across all contexts examined An expansion of discussions to encompass crucial new developments since the first edition of the book This magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.Table of ContentsContents: Preface PART I INTRODUCTION AND BACKGROUND 1 Introduction to the passing-on problem under EU law 2 Effective judicial protection in EU law PART II PASSING-ON IN ACTIONS AGAINST THE EU 3 Passing-on in damages from the EU 4 Passing-on in other actions against the EU? PART III PASSING-ON IN ACTIONS AGAINST A MEMBER STATE 5 Passing-on in restitution from a Member State 6 Passing-on in damages from a Member State? PART IV PASSING-ON IN HORIZONTAL ACTIONS 7 Passing-on in competition damages 8 Passing-on in other horizontal actions? PART V PERSPECTIVES AND CONCLUSIONS 9 Comparison and analysis Index
£190.00
Dundee University Press Ltd How Much for a Leg?: Assessing the Process of
Book Synopsis
£28.49
Peter Lang AG Selbstvornahme vor der Abnahme
Book Synopsis
£29.45
Peter Lang GmbH, Internationaler Verlag der Wissenschaften EarnOutKlauseln in Unternehmenskaufvertraegen
Book SynopsisEarn-Out-Klauseln machen einen Teil des Kaufpreises von der zukünftigen, an betriebswirtschaftlichen Indikatoren gemessenen, Entwicklung des gekauften Unternehmens abhängig. Besonders konfliktträchtig sind in diesem Zusammenhang Versuche des Unternehmenskäufers, Maßnahmen zu treffen, die zu einem möglichst geringen variablen Kaufpreisanteil führen. Das Ziel dieser Untersuchung ist es, rechtliche Fragen, die sich in Zusammenhang mit der manipulativen Einwirkung auf das Ergebnis einer Earn-Out-Vereinbarung ergeben, zu beantworten. Insbesondere wird untersucht, welche Möglichkeiten der Unternehmensverkäufer hat, ein solches Verhalten des Käufers zu verhindern, Manipulationen aufzudecken oder zu sanktionieren. Von besonderem Interesse ist dabei, welche Pflichten sich für die Parteien aus dem Vertrag ergeben, der aufgrund der Vereinbarung einer zukunftsbezogenen Earn-Out-Klausel nicht mehr als reiner Austauschvertrag betrachtet werden kann.
£47.50
V&R unipress GmbH Das Musterfeststellungsverfahren zur Durchsetzung
Book Synopsis
£53.24
