Category Archives: Remedies

Punitive Damages in Italian Law – Corte di Cassazione 5 July 2017 no 16601

Abstract: In the current legal system, the purpose of civil liability law is not just to make the victim of a tort whole again, since the functions of deterrence and punishment are also inherent in the system. The American doctrine of punitive damages is therefore not ontologically contrary to the Italian legal system. However, the […]

Carsten Ullrich, ‘Standards for Duty of Care? Debating Intermediary Liability from a Sectoral Perspective’

Abstract: The EU’s current regulatory framework for the content liability of online intermediaries was created in 2000 with the Ecommerce Directive (ECD). Already in those days, during the run-up to the ECD, there was an intense debate regarding whether a light-touch approach or more stringent content liability regime for intermediaries would be the appropriate way […]

‘Case Law, Australia: Wilson v Bauer Media Pty Ltd, Rebel Wilson awarded defamation damages of Aus$4.5 million’

“On 13 September 2017, Dixon J handed down judgment in the case of Wilson v Bauer Media Pty Ltd [2017] VSC 521. He awarded Rebel Wilson a total of Aus$4,567,472 in defamation damages against Bauer Media Pty Ltd and Bauer Media Australia Pty Ltd (‘Bauer Media’). This judgment follows the jury’s verdict on 15 June […]

Paul Rheingold, ‘Mass Torts – Maturation of Law and Practice’

Abstract: Mass tort litigation has been with us for about fifty years. This is dating the start from the MER/29 litigation in 1964. This field of law and practice has grown year after year, and it shows no sign of abating. At the same time, it can be said that this area of law and […]

Goudkamp and Katsampouka, ‘An Empirical Study of Punitive Damages’

Abstract: This article reports and discusses the results of an empirical study of punitive damages. It examines 146 claims that were decided in all parts of the UK (save for Scotland, which does not recognise punitive damages) by first instance courts in the first 16 years of the twenty-first century. The study is the first […]

Michael Pratt, ‘Betterment’

Abstract: When property is wrongfully damaged the cost of reinstatement is often the appropriate measure of damages. Reinstatement by repair or replacement is, however, often possible only by replacing old materials with new materials that enhance the value of the property, generating ‘betterment’. In such cases courts are faced with a choice whether to abide […]

Christine Beuermann, ‘Do Hospitals Owe a So-Called ‘Non-Delegable’ Duty of Care to their Patients?’

Abstract: It is not uncommon for the duty of care owed by a hospital to its patients to be described as ‘non-delegable’. Use of this label suggests that a hospital may be held strictly liable to a patient for the wrongdoing of a third party beyond the circumstances in which vicarious liability might be imposed. […]

Griener, Jimenez and Lupica, ‘Self-Help, Reimagined’

Abstract: We will never have enough lawyers to serve the civil legal needs of all low- and moderate-income (LMI) individuals who must navigate civil legal problems. A significant part of the access-to-justice toolkit must include self-help materials. That much is not new; indeed, the legal aid community has been actively developing pro se guides and […]

Julian Nyarko, ‘Forum Shopping on the Market for Contracts: When Corporations Arbitrate’

Abstract: It is a widely held assumption that sophisticated parties prefer arbitration over litigation. Theory suggests that the preference for arbitration is even more pronounced in cross-border relationships due to the existence of a fundamental distrust of a foreign nations’ courts. However, reliable empirical evidence to support these assertions is scarce. Based on almost half […]

Fluet and Mungan, ‘The Signal-Tuning Function of Liability Regimes’

Abstract: Fault-based liability regimes require an inquiry into the nature of the defendant’s conduct, whereas this type of inquiry is absent in strict liability regimes. Therefore, verdicts reached through fault-based liability regimes can convey superior information compared to verdicts reached through strict liability regimes. Further reflection reveals that this advantage is enjoyed by fault-based liability […]