On the superiority of damage averaging in the case of strict liability

The literature argues that if injurers cannot anticipate the precise level of harm, courts might use expected harm as a magnitude of compensation instead of actual harm without distorting care incentives. This paper shows that the use of expected harm is in fact preferable if victims choose the value of the object placed at risk. If the court were to insist on compensating actual harm, this would result in victims choosing inefficient object values. In contrast, restricting compensation to expected harm yields the first-best outcome.     

Rape prevention with college men: evaluating risk status

This study evaluates the effectiveness of a theoretically based rape prevention intervention with college men who were at high or low risk to perpetrate sexually coercive behavior. Participants (N = 146) are randomly assigned to the intervention or control group. Outcomes include rape myth acceptance, victim empathy, attraction to sexual aggression, sex-related alcohol expectancies, and behavioral indicators, measured across three time points. Positive effects are found for rape myth acceptance, victim empathy, attraction to sexual aggression, and behavioral intentions to rape. Only rape myth acceptance and victim empathy effects sustain at the 5-week follow-up. High-risk men are generally unaffected by the intervention although low-risk men produced larger effects than the entire sample. Results suggest rape prevention studies must assess risk status moderation effects to maximize prevention for high-risk men. More research is needed to develop effective rape prevention with men who are at high risk to rape.     

Mediation: important preliminary questions: trustee's duties in trust disputes and trustee's powers of compromise

Before trustees can proceed to mediation, they need to knowwhether they have a duty to resist the claim that is being mediated.Before entering into mediation, trustees need to understandits duties in relation to the claim, and the scope of compromise.Applications for blessing are two ways of protecting to enterinto a compromise. These are considered in this article.     

Betting shops in the public eye: A commentary

Betting shops are a familiar feature in towns and cities throughout the UK. However, in recent years, increasing social and political concerns have been expressed about the presence of betting shops in high streets and about the role of betting shops in encouraging gambling. Such concerns include the concentration of betting shops in areas of social deprivation, the impact of such shops on the vitality of and viability of town centres, the perceived links between betting shops and both anti‐social behaviour and criminal activity and the presence of Fixed Odds Betting Terminals in betting shops. This commentary paper outlines the origin and characteristics of betting shops, explores some of the recent concerns betting shops have attracted and offers some brief concluding reflections on the impact of policy responses to these concerns.     

Liability and Risk Assessment in Student Activity Abroad—The UKCOSA Survey

Universities in England are required to assess risk in all activities they undertake. This enables proper procedures to be put in to place to provide effective delivery whilst at the same time minimising risk and potential liability. The individual components of the law involved in student activity abroad are essentially 'standard' but the total package of law and the procedures that it is advisable to follow is more complex. A survey of universities was carried out to ascertain what procedures they had in place and what their level of awareness was. The findings of the survey have been used to indicate what management procedures should be put in place in order to minimise risk in the form of answers to a series of Frequently Asked Questions (UKCOSA, 2002). The total elimination of risk is not possible, but use of information can reduce risk, minimise liability and enhance the quality of service provided.