Assessing Tort Damages in the Conflict of Laws: Loci, Fori, Illogical
Bibliographic record
Abstract
The task of determining which law to apply when quantifying a damages award in tort cases involving more than one jurisdiction is not an easy one. As multinational litigation becomes more common, choice of law principles are required to evolve in order to ensure that plaintiffs are properly compensated, and defendants protected from excessive damages awards. This paper considers the history of choice of law in tort with respect to the assessment of damages and recent developments in common law and civil law jurisdictions, and suggests a new framework with respect to the assessment of pecuniary, non-pecuniary, and punitive damages in Canada where a conflict of laws situation arises.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.019 | 0.033 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.017 | 0.009 |
| Science and technology studies | 0.007 | 0.029 |
| Scholarly communication | 0.016 | 0.010 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.004 | 0.005 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".