Allocating progressive injury liability among successive insurance policies

Article Abstract:

The time-on-the-risk method of allocating progressive injury liability among multiple insurers minimizes present and future costs by encouraging the use insurance and reducing litigation costs. Courts have diverged on their treatment and allocation of liability among multiple insurance policies when the injuries triggering liability have occurred over a period of many years. The time-on-th-risk approach to allocation is fair, predictable and understandable, reducing the continuing costs that result from litigation. among insurers.

Pollution liability insurance, Insurance law, states

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Property rules and liability rules in unconscionability and related doctrines

Article Abstract:

Contract law should be approached in terms of a choice between property rules and liability rules in cases in which proper consent has not been obtained. When the liability rule is applied, only reasonable terms are enforced. The approach is illustrated through a discussion of three categories of factors which might invalidate consent: those involving inadequate alternatives such as duress or monopoly, inadequate information including fraud and lack of mental competence including undue influence.

Right of property, Property rights, Liability (Law), Legal liability, Contracts, Unconscionable, Unconscionable contracts

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Against Fuller and Perdue

Article Abstract:

The author argues that Lon Fuller and William Perdue's three-part classification system of contract damages is no longer relevant. Factors are suggested which may aid in the development of a new classification model replacing the expectation, restitution, and reliance classification model.

United States, Evaluation, Beliefs, opinions and attitudes, Criticism and interpretation, Commercial law, Jurisprudence, Fuller, Lon, Perdue, William

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