Successor Liability and Asymmetric Information

The doctrine of successor liability transfers tort liabilityarising from the seller's past conduct from the seller to thebuyer. If the buyer has as much information about the liabilityas the seller, all beneficial acquisitions take place and theseller takes the efficient level of precaution. However, ifthe seller has more information about the liability than thebuyer, not all beneficial acquisitions are consummated and theseller takes a suboptimal level of precaution. I argue that,in the presence of information asymmetry, the courts shouldincrease the damages against the (potential) seller to providebetter incentives to take precaution while decreasing the damagesagainst the buyer to encourage more beneficial asset sales.     

Still lying abroad? On the institution of the resident ambassador

What explains the persistence and proliferation of the resident ambassador? Why is the role apparently important both to the conduct of international affairs and to the work of governments? I do not try to propose a new theory of ambassadors, but I do offer conclusions about the nature of living in a globalized society of states where the economic logic of markets and the political logic of communities are at cross-purposes. It is a world in which we depend on institutions to help us maintain order and stability. Ambassadors are one of those institutions. At one level they are the concrete day by day reproduction of the society of states. At another level they act on behalf of the members of their community, helping that community to maintain its strength and cohesion by doing what needs to be done, abroad. An increase in the intensity of interactions among states, therefore, seems to lead to an increase in diplomatic representation facilitated rather than impeded by the new technologies of transportation and communications. Ambassadors are still lying abroad, it seems, because changes in technology have brought 'abroad' much closer to home while the myriad effects of globalization have made much more of abroad relevant to people and their governments. Far from being in decline, the resident ambassador seems likely to continue flourishing.     

The case of the empty body.

Autopsy on an externally intact decomposed body showed empty thoracic and abdominal cavities with no trace of normal organ content. The process producing this previously unencountered situation is discussed.     

Criteria for differentiating self- or other-inflicted injuries of alleged or real victims

A synoptic study of six cases of self-inflicted sharp force injuries is presented, where young, mostly female people had simulated assaults to gain sympathy or other personal advantage. The morphological distinctives of simulated assault wounds from such of real assault are worked out and the common situative and motivative background is cleared up.     

Differential diagnosis of accident and resuscitation traumas

The purpose of this paper is to define the criteria for the differential diagnosis of trauma following resuscitation and road accidents. To this end, 311 cases of thoracic and epigastric trauma were selected from the 2893 medico-legal autopsies carried out between 1979 and 1982 at the Institute of Forensic Medicine of the University of Heidelberg. Cardiopulmonary resuscitation had to be considered as the cause of trauma in 140 of these, but 45 of this group were excluded from further evaluation as they had been the victims of blunt trauma and no clear-cut distinction was possible between trauma resulting from an accident and trauma resulting from resuscitation. Thus, we were left with 95 cases of internal injury that presented as emergencies and in whom death followed resuscitation, as a group for comparison with 171 road accident victims who had not received cardiopulmonary resuscitation. Rib fractures, predominantly on the left side, were established in half the cases resuscitated, sternal fractures also being found in one-third of these victims. Bleeding at various sites, including hemato-thorax, was rare, with an incidence of 15%, thus making it highly unlikely that serious traumas caused by resuscitation were a major factor in the cause of death. This paper encompasses an extensive discussion on serious injuries, such as aortic and gastric ruptures, in this connection.