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Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy

Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy

... computing damages where the fallen market value of wrongfully affected property later increases, the amount of otherwise appropriate damages should be tied to an objective event, such as an actual resale of ...

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Exclusion of Damages Derived from Personal Injury Settlements: Tax-Planning Considerations in Light of McKay v. Commissioner

Exclusion of Damages Derived from Personal Injury Settlements: Tax-Planning Considerations in Light of McKay v. Commissioner

... If damages had been allocated in the settlement agreement in proportion to the jury award allocations on the four theories of tort, contract, RICO and punitive damages, [r] ...

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The Law of Remedies in the Second Half of the Twentieth Century: An Australian Perspective

The Law of Remedies in the Second Half of the Twentieth Century: An Australian Perspective

... law damages awards started to escalate into the millions of dollars, with even lesser claims involving considerable transaction costs, the CTP insurance schemes became ...the damages payable to victims of ...

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Chapter 1: Contracts

Chapter 1: Contracts

... Wine is consistent with the liberal recovery posture of the U.C.C. Measure of Damages--Breach of Contract to Purchase Real Es- tate.* The traditional measure of damages [r] ...

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Joyless Life and Lifeless Joy: The Recovery of Hedonic Damages by Plaintiffs in a Persistent Vegetative State

Joyless Life and Lifeless Joy: The Recovery of Hedonic Damages by Plaintiffs in a Persistent Vegetative State

... hedonic damages from pain and suffering damages for fear of duplication in ...life damages “only repeats what is effectively communicated by the pain-and-suffering instruction”); Swiler ...hedonic ...

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A quantitative approach to evaluating the GWP timescale through implicit discount rates

A quantitative approach to evaluating the GWP timescale through implicit discount rates

... – Damages. Damages as a percent of GDP were calcu- lated by multiplying a constant by the square of the temperature change since the baseline ...of damages within integrated assessment ...

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Basis in ascertaining the amount of liquidated damages

Basis in ascertaining the amount of liquidated damages

... This principle was further reaffirmed in the case of Johor Coastal Development Sdn Bhd v Constrajaya Sdn Bhd. 7 Judge Ariffin Zakaria stated that Section 75 of the Contract Act shall stay governed and court must ...

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A Short History of Patent Remedies

A Short History of Patent Remedies

... of damages, patentees could even recover substantial monetary damages by way of accounting, such as the entire profit made by the infringer for use of the ...

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Damages of Buildings on Expansive Soils: Diagnosis and Avoidance

Damages of Buildings on Expansive Soils: Diagnosis and Avoidance

... cause damages to buildings constructed on expansive soils and suggests practical solutions to avoid swelling ...swelling damages were intensively ...of damages was conducted to diagnosis and point ...

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Quantifying Damages for Lucrum Cessans in Tort: A Fusion of Sources Creating a Unique Legal Structure for Malta

Quantifying Damages for Lucrum Cessans in Tort: A Fusion of Sources Creating a Unique Legal Structure for Malta

... which damages are awarded under the English system of ...awarding damages and a comparative study between the two legal ...of damages for personal injury, clarify the heads of damages under ...

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Claudia Massa, 
Private Antitrust Enforcement Without Punitive Damages: A Half-Baked Reform?

Claudia Massa, Private Antitrust Enforcement Without Punitive Damages: A Half-Baked Reform?

... This choice, as previously stated, is objectionable for various reasons. First of all, because it is at odds with the previous case-law of the Court of Justice and with the rules on compensation laid down in Directive ...

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Punitive Damages on Ordinary Contracts

Punitive Damages on Ordinary Contracts

... On appeal the court reversed, stating that the action was on contract and not within the punitive damages statute. Each of the fraudulent acts, the court concluded,[r] ...

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The Effect of Drug Addiction on Education from University Students’ Point of View

The Effect of Drug Addiction on Education from University Students’ Point of View

... Introduction : Higher education system has been affected by social damages, which one of the most important of these damages is drug addiction.. Therefore, this study aime[r] ...

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The Louisiana Civil Code Translation Project:
A Libertarian View on the Possible Destiny
of a Trilingual “Footnote”

The Louisiana Civil Code Translation Project: A Libertarian View on the Possible Destiny of a Trilingual “Footnote”

... punitive damages, one might dismiss the Louisiana exception as yet another example of diversity that uniquely charac- terizes the ...punitive damages in the context of conflicts of laws, 45 Louisiana courts ...

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For Texas, Now is the Time to Force Groundwater Owners to Accommodate

For Texas, Now is the Time to Force Groundwater Owners to Accommodate

... If the accommodation doctrine applies, the Court will sustain the temporary injunction if CLR can prove that the City substantially impaired CLR’s existing surface use and had an alternative to the harmful action. ...

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Structural Behaviour of Steel Building with Diagonal and Chevron Braced CBF (Concentrically Braced Frames) by Pushover Analysis

Structural Behaviour of Steel Building with Diagonal and Chevron Braced CBF (Concentrically Braced Frames) by Pushover Analysis

... On this level, some damages start to emerge significantly on the structure as the results of the earthquake occurrence. However, the structure can still endure the earthquake as the main component has not ...

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Rights to light: Radical consequences of an orthodox decision

Rights to light: Radical consequences of an orthodox decision

... The Court of Appeal’s decision on the granting of the mandatory injunction has more immediate consequences. Although it is difficult to fault the reasoning behind it on doctrinal grounds it is equally difficult to ...

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The Price is Wrong: A Biblical Approach to Punitive Damages

The Price is Wrong: A Biblical Approach to Punitive Damages

... civil plaintiff who seeks damages and who receives payment not only beyond the actual harm suffered, but even beyond the malfeasance actually committed by the defendant. In TXO, for instance, the Court justified ...

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Damages

Damages

... Damages SMU Law Review Volume 46 Issue 4 Annual Survey of Texas Law Article 15 1993 Damages Thomas M Melsheimer Steven H Stodghill Follow this and additional works at https //scholar smu edu/smulr Thi[.] ...

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Locking in Wedlock: Reconceptualizing Marriage under a Property Model

Locking in Wedlock: Reconceptualizing Marriage under a Property Model

... As a result, alimony in fault-based divorce may better be characterized as tort damages, rather than contract damages, if courts determine these damages on injury t[r] ...

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