This chapter discusses the general principles relating to the assessment of compensation for loss resulting from a civil wrong. Since courts and legislatures often lay down legal rules for a particular area of law, the assessment of compensation differs between areas. This is why Part 2 contains separate chapters for contract, tort, the Australian Consumer Law and equity. However, there are several commonalities between the areas, in particular, contract and tort. This chapter discusses the rules that are common to at least contract and tort. Most of them also apply in equity and under the Australian Consumer Law. Deviations from those rules in equity or under the Australian Consumer Law are discussed in the relevant chapters. This chapter also provides a brief introduction to those matters that differ between contract and tort. Comprehensive treatment is given to the date of assessment; even though there are significant differences between the causes of actions, there has been considerable convergence.

This chapter explores rules on compensation that are peculiar to cases involving personal injury or death. The wrongful act is usually a tort, but it may also be a breach of contract1 or a statutory wrong. It is assumed that the claim is not excluded by statute; some exclusions are mentioned. This chapter does not discuss rules on compensation that apply to personal injury as well as other types of harm. Those rules are discussed in Part 1 and in the other chapters of Part 2. Furthermore, this chapter, like the rest of Part 2, is concerned only with ‘normal’ compensation. Aggravated damages, which may be awarded in cases of personal injury (and other cases), are discussed in Ch 15.

, During the 1980s and early 1990s, as the HIV/AIDS epidemic swept the country, thousands of gay men and lesbians perished from AIDS-related infections. Their same-sex partners quickly discovered that they had no rights because the law did not recognize their relationships. Advocates consequently pressed municipalities to adopt domestic partnership programs, a concept that originated in union efforts to secure benefits for unmarried partners. In the 1980s, cities, towns, and counties around the country began offering both health benefits to their employees as well as registries where all couples could record their commitment. The total number of these programs were small, and the rights they offered were limited. However, they helped produce new debates over the nature and meaning of family. They also inspired queer workers in the private sector to demand domestic partnership benefits from their employers. By the mid-1990s, domestic partnership benefits had become a mainstay of corporate America.

Tree-based methods use methodologies that are radically different from those discussed in previous chapters. They are relatively easy to use and can be applied to a wide class of problems. As with many of the new machine learning methods, construction of a tree, or (in the random forest approach, trees) follows an algorithmic process. Single-tree methods occupy the first part this chapter. An important aspect of the methodology is the determining of error estimates. By building a large number of trees and using a voting process to make predictions, the random forests methodology that occupies the latter part of this chapter can often greatly improve on what can be achieved with a single tree. The methodology operates more as a black box, but with implementation details that are simpler to describe than for single- tree methods. In large sample classification problems, the methodology has often proved superior to other contenders.

This Handbook brings together a global team of private law experts and computer scientists to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.

Social media provides a range of opportunities to interact with others and to obtain information and support. However, there are also a number of risks. While much of the debate has been focused on negative aspects of social media use, it is important to have a balanced perspective so as to work towards harnessing the benefits and reducing the risks. This chapter outlines the key issues and debates by first outlining three core risks of social media: cyberaggression and cyberbullying; sexting, coercion, and risky online interactions; and misinformation and interaction with harmful online groups. It then goes on to discuss three key benefits of social media: the benefits of information-seeking online; the sense of belongingness, social support, and social capital derived from social media; and the opportunities for identity exploration and self-expression. Through discussing examples of risks and benefits that are of particular interest to current policy discussions, media, and research, we aim to provide an overview that sets the foundation for further engagement with these issues by researchers and practitioners, particularly via digital literacy and education.

Seneca’s treatise On Benefits is the sole surviving representative of a long tradition of Stoic thought on the act of kindness (euergēsia), that is, gift-giving or the supererogatory favor. The work is rich in philosophical content. Favors (beneficia or benefits) are defined strictly in terms of intent, in such a way that the will of the giver becomes interdependent with the receiver’s willingness to reciprocate. In unpacking this definition, the Stoic author finds it necessary to speak not only about the theory of action but also about the observable effects of action, since enacted benefits impose different obligations on the recipient. Moreover, the assessment of motives and the expectation of gratitude create an intersubjectivity of giver and receiver that is revealing for Stoic ideas of friendship. Finally, Seneca takes a strong position on the autonomy even of benefactors who are unable to act otherwise, such as divine givers and entirely virtuous human agents, with implications for questions of volition and freedom.

This chapter introduces the main concepts that are discussed in the book: communicative efficiency, costs, benefits and accessibility. It is also proposed that language users’ behaviour is guided by the Principle of Communicative Efficiency. In addition, several more specific principles and heuristics are formulated, which may explain how everyday communication can be efficient. These are three main principles: the principle of positive correlation between benefits and costs, the principle of negative correlation between accessibility and costs, and the principle of maximization of accessibility. The principles work as heuristics that make production and comprehension automatic and therefore more efficient.

This chapter studies the balancing function of Article 101(3) TFEU individual exemptions/exceptions. It reveals a great divergence in the frequency with which the Commission, national competition authorities, and EU and national courts have invoked and accepted the Article 101(3) TFEU, as well as their interpretations of the types of relevant benefits, the balancing process, and the intensity of control. Moreover, it uncovers the ‘death’ of Article 101(3) TFEU defence in the Commission’s practice following modernisation.

This chapter studies the balancing function of Article 101(3) TFEU individual exemptions/exceptions. It reveals a great divergence in the frequency with which the Commission, national competition authorities, and EU and national courts have invoked and accepted the Article 101(3) TFEU, as well as their interpretations of the types of relevant benefits, the balancing process, and the intensity of control. Moreover, it uncovers the ‘death’ of Article 101(3) TFEU defence in the Commission’s practice following modernisation.

Wildlife in Britain has been a source of delight for many generations of people. It has also been the inspiration for writers and poets, and has become the subject of serious scientific study. Media coverage has increased steadily, promoting wide interest in animals and plants in the UK. However, there are both costs and benefits arising from wildlife. Damage, including to crops and trees, by a range of ‘pest’ species can be extensive, and conservation measures such as maintenance of nature reserves are also costly. Nevertheless, these downsides are more than outweighed by the benefits to people and the economy. A wide range of ecosystem services make use of wildlife and healthy ecosystems, and access to these outdoor delights is highly valuable in the promotion of mental health. Unfortunately, more than half of Britain’s wildlife has been in continuous decline for several decades. Proximal reasons for this sad fact are summarised before considering them, and the primary issue of human numbers, in subsequent chapters.

Prevalence of disease, risks, impact on fertility, Medical Eligibility Criteria 3 and 4, advantages, disadvantages, special considerations

Prevalence of disease, risks, impact on fertility, Medical Eligibility Criteria 3 and 4, advantages, disadvantages, special considerations

What are the normative implications of political regulation waves? Based on quantitative counterfactual estimation and qualitative case description, this chapter assesses the hard tradeoffs imposed by political regulation waves – between social stability, employment, economic growth, and health and longevity among local populations. Local leaders face incentives to signal competence by promoting laxer environmental regulation to benefit jobs and the economy, imposing a measurable human cost due to dirtier air. Conversely, when local leaders seek to move up the political ladder by strengthening the implementation of regulations in pursuit of blue skies, air quality improves, but firms suffer profit losses, and many people lose their jobs and are forced to spend brutal winters without heating. One form of the political regulation wave is not inherently better than another. These are difficult tradeoffs.

The Introduction highlights the opportunities for a healthier and wealthier society following a transition to a low-carbon economy but also notes the serious consequences of inaction. It outlines the aim of the book to help policy-makers with practical guidance and summarises the various sections of the book including: the technologies available, economic projections for a low-carbon Australian economy and comparisons with two emerging giants – Indonesia and India, the sectoral analysis encompassing cities and their precincts, industry and manufacturing, tranportation and regional environments, land use, forestry and agriculture.

Proportionality in health research regulation can, at its broadest level, be understood as an attempt to balance two considerations that sometimes compete: the protection of individuals affected by research – especially, but not limited to, human subjects – and the promotion of socially valuable research. This chapter will explore the concept of proportionality through three sections: first, a clarification on what I mean by proportionality in this context and why it is important; second, an exploration of how particularly challenging it is to assess proportionality; and third, a proposal for a procedural approach to proportionality that may assist with those challenges. In particular, I will propose that adopting a facilitative attitude, undertaking rigorous justification, ensuring transparency and engaging with relevant stakeholders may be effective procedural means of overcoming the challenges of proportionality.