by David Yeung Fong. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1993. / Includes bibliographical references (leaves 118-119). / Executive Summary --- p.ii / Table of Contents --- p.iii / List of Illustrations --- p.vii / Acknowledgment --- p.viii / Chapter Chapter I - --- Introduction --- p.1 / Concepts of Expert Systems --- p.1 / Definition --- p.1 / Components of Expert Systems --- p.3 / Knowledge Acquisition --- p.4 / Knowledge Representation --- p.6 / Inference Engine --- p.8 / Benefits of Expert Systems --- p.9 / Recent Development --- p.10 / Expert Systems in Law --- p.11 / Applications --- p.11 / Problems of Expert Systems with Case Law --- p.12 / Translation of cases --- p.12 / Representation of cases --- p.12 / Interpretation --- p.13 / Policy considerations --- p.13 / Reasoning with precedent --- p.14 / Doctrine of precedent --- p.14 / Rule Model --- p.15 / Induction --- p.15 / Alternative approach to precedent --- p.16 / Product/Service Liability in Hong Kong --- p.17 / Definition --- p.17 / Law --- p.18 / Significance to Management --- p.19 / Chapter Chapter II - --- Research Definition --- p.21 / Research Goal --- p.21 / Research Objective --- p.21 / Scope of the Project --- p.21 / Chapter Chapter III - --- Research Methodology --- p.23 / Knowledge Acquisition --- p.23 / Brief Outline of the rules --- p.24 / Knowledge Representation --- p.24 / Expert System Development Tools for the project --- p.25 / XXXPERT --- p.25 / Imp shell --- p.26 / Turbo Prolog --- p.26 / Chapter Chapter IV - --- Research Limitation --- p.28 / Chapter Chapter V - --- System Configuration & Analysis --- p.29 / System Design --- p.29 / Main Module --- p.29 / Case Screening Module --- p.29 / Duty of Care Module --- p.30 / Breach of Duty Module --- p.30 / Causation Module --- p.30 / Remoteness of Damage Module --- p.31 / Defendant's Defense Module --- p.31 / Reference Cases Module --- p.31 / Help Module --- p.31 / Minimum System Requirements --- p.32 / System Testing --- p.32 / Chapter Chapter VI - --- Recommendations --- p.33 / Appendix A : Inference Tree --- p.34 / Appendix B: Cases Referenced in the Expert System --- p.48 / Appendix C: Program Listing --- p.64 / Tort.pro --- p.64 / Tdoms.pro --- p.67 / Status.pro --- p.68 / Tpreds.pro --- p.68 / Def.pro --- p.73 / Func.pro --- p.75 / Refcases.pro --- p.79 / Watstage.pro --- p.90 / Screen.pro --- p.92 / Duty.pro --- p.95 / "Breach, pro" --- p.100 / Causatio.pro --- p.106 / Remote.pro --- p.111 / Defense.pro --- p.111 / Appendix D: Bibliography --- p.118

- Products Liability in Czech and American Law The main purpose of my thesis is to describe and compare certain aspects of products liability in the Czech legal system and the American one. The thesis is divided into four chapters, the fourth being the center part devoted to analyzing individual terms both systems have in common. To be able to compare provisions relevant to products liability, the first chapter deals with pecuniary and non-pecuniary damage and conditions of liability for such damage in its first subchapter. The second subchapter explains the term defect and further discusses the obligation of proper performance when selling products and possible liability for a defective product. Third subchapter then contrasts these two types of liability and clarifies the differences between them. Chapter two briefly examines the progression of products liability in the Czech legal system beginning with the Act No. 59/1998 Coll., Products Liability Act, followed by mentioning the relevant European directive and finally focusing on the new civil code soon to become effective. The third chapter contains basic information on American products liability as a whole and explores the development of this type of liability through the course of American history. For a better understanding of products...

Behavioral economics is widely recognized as a rising field in economics, one whose discoveries and implications are not yet completed or understood. At the same time, economic theory plays an enormous role in our governmental and legal system. In particular, the Coase Theorem and its implications have affected nearly every area in the field of law and economics. This paper proposes a experimental test of Coasean bargaining in situations using two competitive players whose payoffs depend on minimizing their costs of mitigating the externality. A rational player’s action can be predicted ahead of time, and the rationality of the game’s outcome can be objectively measured. If behavioral effects found in consumer goods situations by other experimenters carry over to competitive business situations, then a substantial review of law regarding such situations is in order.

Thesis (doctoral)--Albert-Ludwigs-Universität Freiburg im Breisgau, 2005. / Includes bibliographical references (p. 271-288).

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Computers have become indispensable in all walks of life, causing people to rely increasingly on their accurate performance. Defective computer programs, the incorrect use of computer programs and the non-use of computer programs can cause serious damage. Expert systems are an application of artificial intelligence techniques whereby the human reasoning process is simulated in a computer system, enabling the system to act as a human expert when executing a task. Expert systems are used by professional users as an aid in reaching a decision and by nonprofessional users to solve a problem or to decide upon a specific course of action. As such they can be compared to a consumer product through which professional services are sold. The various parties that may possibly be held liable in the event of damage suffered by the use of expert systems are identified as consisting of two main groups, namely the producers and the users. Because of the frequent exemption of liability for any consequential loss in standard form computer contracts, the injured user may often have only a delictual action at her disposal. The faultbased delictual actions in SA law give inadequate protection to unsuspecting software users who incur ·personal and property damage through the use of defective expert systems since it is almost impossible for an unsophisticated injured party to prove the negligence of the software developer during the technical production process. For this reason it is recommended that software liability be grounded on strict liability in analogy to the European Directive on Liability for Defective Products. It is also pointed out that software standards and quality assurance procedures have a major role to play in the determination of the elements of wrongfulness and negligence in software liability and that the software industry should be accorded professional status to ensure a safe standard of computer programming. / Private Law / LL.D.

Computers have become indispensable in all walks of life, causing people to rely increasingly on their accurate performance. Defective computer programs, the incorrect use of computer programs and the non-use of computer programs can cause serious damage. Expert systems are an application of artificial intelligence techniques whereby the human reasoning process is simulated in a computer system, enabling the system to act as a human expert when executing a task. Expert systems are used by professional users as an aid in reaching a decision and by nonprofessional users to solve a problem or to decide upon a specific course of action. As such they can be compared to a consumer product through which professional services are sold. The various parties that may possibly be held liable in the event of damage suffered by the use of expert systems are identified as consisting of two main groups, namely the producers and the users. Because of the frequent exemption of liability for any consequential loss in standard form computer contracts, the injured user may often have only a delictual action at her disposal. The faultbased delictual actions in SA law give inadequate protection to unsuspecting software users who incur ·personal and property damage through the use of defective expert systems since it is almost impossible for an unsophisticated injured party to prove the negligence of the software developer during the technical production process. For this reason it is recommended that software liability be grounded on strict liability in analogy to the European Directive on Liability for Defective Products. It is also pointed out that software standards and quality assurance procedures have a major role to play in the determination of the elements of wrongfulness and negligence in software liability and that the software industry should be accorded professional status to ensure a safe standard of computer programming. / Private Law / LL.D.

O estudo em comento tem por objetivo analisar se o instituto jurídico dos punitive damages, oriundo da Common Law, tem aplicabilidade no ordenamento jurídico nacional, particularmente no âmbito das relações de consumo. Para tanto, a presente obra, além de apresentar um panorama histórico da responsabilidade civil punitiva, expõe como tal responsabilidade vem sendo aceita no Brasil e conclui como sendo dois os seus principais instrumentos de atuação: a indenização punitiva e os punitive damages. Diferenciando-os, entendemos que os punitive damages eram os mais adequados a atual sociedade de consumo brasileira, por constituir-se um valor fixado em separado, com o intuito específico de punir e avaliado conforme a complexidade do caso pelo magistrado, conferindo dinamismo e eficiência às punições. Nesse sentido, propusemos os critérios que em nosso sentir seriam os mais adequados para a aplicação dos punitive damages e a fixação do quantum punitivo no âmbito das relações de consumo, bem como os fatores que justificam a aplicação do referido instituto jurídico nestas relações. Apresentamos, ademais, uma análise da aplicabilidade dos punitive damages nos ordenamentos jurídicos de Common e Civil Law que mais influenciam o ordenamento jurídico nacional. / This study aims to examine whether the legal institution of punitive damages, coming from the Common Law, is applicable in national law, particularly in the context of consumer relations. This essay, besides presenting historical overview of punitive liability, explains how this responsibility is being accepted in Brazil and concludes that there are two main instruments of action. The first instrument is based on the increase of the compensatory damages to punish the defendant. The other one is the punitive damages. We believe that punitive damages were more suitable to the current consumer society in Brazil, because it represents a value that is set apart, with the purpose of punishing and evaluated according to the complexity of the case by the magistrate, giving dynamism and efficiency to the punishment. In this sense, we proposed rules that in our opinion would be most suitable for the application of punitive damages and setting of the punitive quantum under products liability, as well as factors warranting the application of this legal institution in these relationships. We present, moreover, analysis of the applicability of punitive damages in the legal systems of Common and Civil Law that most influence Brazilian Law.

O estudo em comento tem por objetivo analisar se o instituto jurídico dos punitive damages, oriundo da Common Law, tem aplicabilidade no ordenamento jurídico nacional, particularmente no âmbito das relações de consumo. Para tanto, a presente obra, além de apresentar um panorama histórico da responsabilidade civil punitiva, expõe como tal responsabilidade vem sendo aceita no Brasil e conclui como sendo dois os seus principais instrumentos de atuação: a indenização punitiva e os punitive damages. Diferenciando-os, entendemos que os punitive damages eram os mais adequados a atual sociedade de consumo brasileira, por constituir-se um valor fixado em separado, com o intuito específico de punir e avaliado conforme a complexidade do caso pelo magistrado, conferindo dinamismo e eficiência às punições. Nesse sentido, propusemos os critérios que em nosso sentir seriam os mais adequados para a aplicação dos punitive damages e a fixação do quantum punitivo no âmbito das relações de consumo, bem como os fatores que justificam a aplicação do referido instituto jurídico nestas relações. Apresentamos, ademais, uma análise da aplicabilidade dos punitive damages nos ordenamentos jurídicos de Common e Civil Law que mais influenciam o ordenamento jurídico nacional. / This study aims to examine whether the legal institution of punitive damages, coming from the Common Law, is applicable in national law, particularly in the context of consumer relations. This essay, besides presenting historical overview of punitive liability, explains how this responsibility is being accepted in Brazil and concludes that there are two main instruments of action. The first instrument is based on the increase of the compensatory damages to punish the defendant. The other one is the punitive damages. We believe that punitive damages were more suitable to the current consumer society in Brazil, because it represents a value that is set apart, with the purpose of punishing and evaluated according to the complexity of the case by the magistrate, giving dynamism and efficiency to the punishment. In this sense, we proposed rules that in our opinion would be most suitable for the application of punitive damages and setting of the punitive quantum under products liability, as well as factors warranting the application of this legal institution in these relationships. We present, moreover, analysis of the applicability of punitive damages in the legal systems of Common and Civil Law that most influence Brazilian Law.

The use of medical devices and drugs is constantly increasing in the United States. New techniques are developed, pharmaceutical companies manufactured thousands drugs and medical devices each year, these products are put on the market immediately; therefore, the consequences can be terrible. / In the US, thousands even millions of people suffer from personal injuries because they use a defective medical product; this is referred as a mass tort. The class action procedure is often used in order to repair these personal injuries. Plaintiffs always ask for the use of this procedure, but the federal American courts always refuse the certification of the class because the conditions of Rule 23(b)(3) are not fulfilled. This is what is called "the new trend of American courts". / The non application of the class action procedure leads to terrible results; victims of a defective medical product cannot receive compensation for the injury they are suffering from. These victims choose the class action procedure because of its advantages, if the class action is not certified they won't sue individually. If the real problem was the non respect of Rule 23(b)(3)'s conditions, a modification or a reform of the Rule would have been done. Unfortunately the laxity of the federal judges tends to influence the American Congress who ignores the need for a reform of this rule. This makes us wonder what the real justifications motivating this refusal of certification are.