Law360, New York (November 17, 2015, 10:53 AM ET) -Nuisance has increasingly become the “tort of choice” for plaintiffs in environmental and toxic tort litigation. In addition to other tort claims at their disposal (e.g., strict liability, negligence, trespass), plaintiffs consistently tack on nuisance claims because of the perception that such claims are subject to less stringent legal standar...

In October of 2007, the Supreme Court of Canada issued its ruling in Hill v. Hamilton-Wentworth Regional Police Services Board, a case in which the Court addressed the legitimacy of a tort for negligent police investigation. The holding by a majority of six Justices recognized the tort of negligent police investigation at Canadian law. As such, Canada is now one of the only common law countries...

In 2001, 1.458 million American families filed for bankruptcy. To investigate medical contributors to bankruptcy, we surveyed 1,771 personal bankruptcy filers in five federal courts and subsequently completed in-depth interviews with 931 of them. About half cited medical causes, which indicates that 1.9-2.2 million Americans (filers plus dependents) experienced medical bankruptcy. Among those w...

We examine whether individuals are influenced to file for bankruptcy by the past bankruptcies of their close neighbors. We find that a one standard deviation increase in neighborhood bankruptcies increases the probability of defaulting via bankruptcy rather than via credit card charge-off by 6%. Our individual level data on defaulters is from detailed credit card accounts, which is matched to n...

In this research, the relationship between accruals quality and bankruptcy of companies has been studied. According to Dechow et al.chr('39')s (1995) model, the quality of accruals was measured, and according to the Shirata model (1998), bankruptcy was examined. Operations were considered as the control variables. The research hypothesis was tested using a multivariate regression model and a co...

Are consumers who have filed for personal bankruptcy before excluded from the unsecured credit market? Using a unique data set of credit card mailings, we directly explore the supply of unsecured credit to consumers with the most conspicuous default risk—those with a bankruptcy history. On average, over one-fifth of personal bankruptcy filers receive at least one offer in a given month, with th...

BANKRUPTCY REFORM’S ROLE IN THE MORTGAGE CRISIS This paper argues that the U.S. bankruptcy reform of 2005 played an important role in the mortgage crisis and the current recession. When debtors file for bankruptcy, credit card debt and other types of debt are discharged — thus loosening debtors’ budget constraints. Homeowners in financial distress can therefore use bankruptcy to avoid losing th...

According to the “standard model” of torts and moral wrongs—the model implicit in leading theories tort law—tort law imposes genuine duties that are distinct from, only roughly coincide with, our preexisting duties. A “tort,” on this model, is a distinctive kind wrong—the breach tort-generated duty. In Article, I argue should tell simpler story—one dispenses with domain distinct, what call “sim...

one of the evolutions in tort law is the colectivisation of civil liability. in the past, civil liability was collective and the effects of the person guilty haven imposed on the all members of family. then with developing of civilizations and with appearance of principle of personal liability, the collective liability has been changed to personal liability. but nowadays according to the opinio...

The economic approach to bankruptcy envisions bankruptcy law as a set of rules approximating the contractual terms to which, at the time credit is extended, a creditor and debtor would agree should govern in the event of the debtor's insolvency. Some traditional bankruptcy scholars criticize the economic approach for what they see as its failure to advance goals and values which they deem neces...