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Total Liability for Excessive Harm

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0006
Subject:
Law, Comparative Law

This chapter proposes a novel form of the negligence rule known as total liability for excessive harm to address situations in which several injurers cause harm and the court can verify the total ... More


Conclusion

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0013
Subject:
Law, Comparative Law

This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when ... More


Incidental Harm and the Analysis of Proportionality

Amichai Cohen and David Zlotogorski

in Proportionality in International Humanitarian Law: Consequences, Precautions, and Procedures

Published in print:
2021
Published Online:
June 2021
ISBN:
9780197556726
eISBN:
9780197556757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197556726.003.0005
Subject:
Law, Public International Law

The principle of proportionality requires weighing the expected military advantage from an attack against the anticipated harm to civilians and civilian objects. This chapter discusses the civilian ... More


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