STRICT LIABILITY, VICARIOUS LIABILITY, DAN KEJAHATAN EKONOMI

Vicarious liability for infringement

When is it proper to hold one person liable for the harm caused by the acts of another person? How should courts decide that? Let’s consider that in the context of manufacturers and disseminators of innovative products such as player-piano rolls, copiers, videocassette recorders (VCRs), TiVo, and Grokster. Each of these technological advances has challenged copyright law. Courts had to decide, ...

Vicarious Liability of Hospitals

Vicarious liability for anesthesiologists.

Vicarious liability for anesthesiologists In the recent effort to convince the Health Care Financing Administration (now known as Centers for Medicare and Medicaid Services) to let state legislators rather than a federal bureaucracy determine whether nurse anesthetists had to be supervised, anesthesiologists tried to obscure the fact that any administrator of anesthesia can sometimes have an un...

The Case Against Strict Liability

Pollution Externalities: Social Cost and Strict Liability

This paper critically considers the neoclassical social-cost approach to problems of pollution. This traditional approach, when subjected to close scrutiny, is found to be seriously wanting in applicability and consistency. A less ambitious alternative based on notions of strict liability is offered. The social-cost approach is an offshoot of the “new welfare economics~’developed during the las...