Abstract
The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. If, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and as a result, someone suffered damages of $600 – the taker should pay the victim $800 (600 ½(1,000-600)). This rule applies even where the victim suffered only negligible damages. In this case, the taker pays the victim $500 (0 ½(1,000-0)). Lastly, if the firm loses after paying the victim her damages, for example, where the total profits are $400 (before paying the victim’s damages) – the taker pays the victim only her damages ($600) …
Sher, Noam, One Rule to Compensate Them All (February 1, 2018). West Virginia Law Review, forthcoming.
First posted 2018-06-19 05:57:47
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