Lästigkeitsbetrag
| 09:22 Oct 5, 2015 |
| German to English translations [PRO] Law/Patents - Law (general) / Court settlement of proceedings - corporate civil | |||||||
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| 4 | nuisance amount or nuisance value |
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| 3 | Onerous Penalty |
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| 3 | penalty for frivolous litigation |
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| Discussion entries: 2 | |
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Answers
19 mins confidence: 
nuisance amount or nuisance value Explanation: www.injuryclaimcoach.com/nuisance-value.html "Nuisance value" is a term used by claims adjusters to describe an amount of compensation they're willing to pay to make a personal injury claim ... -------------------------------------------------- Note added at 2 час (2015-10-05 12:10:39 GMT) -------------------------------------------------- in reply to asker´s remark. The term is used in civil proceedings i.e. in cases of litigation in line with the following: The nuisance-value settlement problem arises whenever a litigant can profitably initiate a meritless claim or defense and offer to settle it for less than it would cost the opposing litigant to have a court dismiss the claim or defense on a standard motion for merits review like summary judgment. The opposing litigant confronted with such a nuisance-value claim or defense rationally would agree to settle for any amount up to the cost of litigating to have it dismissed. These settlement payoffs skew litigation outcomes away from socially appropriate levels, undermining the deterrence and compensation objectives of civil liability. Yet current procedural rules are inadequate to foreclose nuisance-value strategies". Isn´t this the case here ? |
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12 mins confidence:
Onerous Penalty Explanation: Lästig means onerous in english - something that is disturbing but also when the gains are less than the cost (in real estate for example) there are onorous payments involved. I think in this case you mean onerous penalty such as demanded by the gay couple in KY for the treatment they got when they tried to get married. -------------------------------------------------- Note added at 5 hrs (2015-10-05 14:45:10 GMT) -------------------------------------------------- See the Vizard Case in Australia: Parties to civil penalty proceedings ought to be aware that the court may, in appropriate circumstances, impose more onerous penalties than those which are recommended by the regulator. Importantly, there are now moves to apply the obligations of directors and officers to employees of corporations and other individuals. Two papers released by the Corporations and Markets Advisory Committee (CAMAC) in May 2005 consider the extent to which corporate officers (excluding directors), employees and other individuals are subject to personal duties and liabilities under the CA and whether those classes of persons should be extended. In particular, the discussion paper entitled Corporate Duties Below Board Level gives consideration to some of the recommendations made by Justice Neville Owen in the HIH Royal Commission Final Report. Reference: http://www.pennlive.com/nation-world/2015/09/gay_couples_wan... |
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7 hrs confidence:
penalty for frivolous litigation Explanation: penalty/sanction for frivolous litigation ... narrows it down a bit from 'punitive damages' https://en.wikipedia.org/wiki/Frivolous_litigation -------------------------------------------------- Note added at 115 days (2016-01-28 10:37:50 GMT) -------------------------------------------------- -------------------------------------------------- Note added at 126 days (2016-02-08 21:37:23 GMT) -------------------------------------------------- -------------------------------------------------- Note added at 140 days (2016-02-22 18:24:37 GMT) -------------------------------------------------- Hello. Would you please close this one way or another? Thanks |
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