Tort Reform By Contract

Author : Paul H. Rubin
Publisher : American Enterprise Institute
ISBN 13 : 9780844738284
Total Pages : 108 pages
Book Rating : 4.8X/5 ( download)

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Download or read book Tort Reform by Contract written by Paul H. Rubin and published by American Enterprise Institute. This book was released on 1993 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that there is a current crisis in tort law and advocates that a return to a more widespread use of contracts in three areas - product liability, medical malpractice, and some aspects of automobile accidents. Such contracts, he suggests, should be allowed by the courts.

Author : Robert Cooter
Publisher :
ISBN 13 :
Total Pages : 185 pages
Book Rating : 4.77/5 ( download)

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Download or read book A Regulated Market in Unmatured Tort Claims written by Robert Cooter and published by . This book was released on 1988 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Henry Cohen
Publisher :
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4.67/5 ( download)

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Download or read book Federal Tort Reform Legislation written by Henry Cohen and published by . This book was released on 2003 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robert D. Cooter
Publisher : Princeton University Press
ISBN 13 : 1400850398
Total Pages : 241 pages
Book Rating : 4.96/5 ( download)

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Download or read book Getting Incentives Right written by Robert D. Cooter and published by Princeton University Press. This book was released on 2014-02-23 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: How tort, contract, and restitution law can be reformed to better serve the social good Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.

Author :
Publisher :
ISBN 13 :
Total Pages : 658 pages
Book Rating : 4.44/5 ( download)

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Download or read book Insurance Antitrust & Tort Reform Report written by and published by . This book was released on 1988 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Yu Fang
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.79/5 ( download)

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Download or read book TORT REFORM AND INSURANCE MARKETS written by Yu Fang and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three waves of tort reform occurred during mid-1970s, mid-1980s and early 2000s to deal with the liability "crises". The inflationary pressures drove up the medical costs and social inflation pushed up the damage awards size, which led to the tort reform waves. We could see a potential today when the inflation continues to increase. Tort reforms have been widely studied for its impact on the litigation costs and benefits, through which physicians and insurers' liability burden can be affected. While the liability markets have been relatively calm recently, legislative and academic debates over the efficacy of tort reforms and how they influence litigation behavior is not yet resolved. Whether tort reforms work to reduce the medical expenses and exert spillover effect on other insurance line market needs to be tested. A thorough analysis of tort reforms effect will benefit policymakers, regulators, insurers, and physicians and patients. This dissertation consists of three chapters to study how tort reforms affect the insurance markets, with a focus on health insurance markets. Chapter 1 assesses whether the effect of tort reform on the healthcare expenditures depends on the contract conditions under which physicians are paid for their professional services. Chapter 2 explores the potential for tort reforms to improve health insurers' performance by boosting their efficiency. Chapter 3 looks at other types of state reforms and policies influencing liability costs to assess the effect on both medical liability and health insurance markets.

Author : Donald Harris
Publisher : Cambridge University Press
ISBN 13 : 9780521606059
Total Pages : 692 pages
Book Rating : 4.55/5 ( download)

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Download or read book Remedies in Contract and Tort written by Donald Harris and published by Cambridge University Press. This book was released on 2002-03 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.

Author :
Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.78/5 ( download)

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Download or read book Reports to the California Citizens' Commission on Tort Reform: Munch, Patricia. Professional liability written by and published by . This book was released on 1976 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : James F. Blumstein
Publisher :
ISBN 13 :
Total Pages : 130 pages
Book Rating : 4.53/5 ( download)

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Download or read book Beyond Tort Reform written by James F. Blumstein and published by . This book was released on 1990 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher :
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.81/5 ( download)

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Download or read book Mealey's Litigation Reports written by and published by . This book was released on 1987 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: