Compensating for unforeseeable damages in torts

The doctrine regarding unforeseeable damages in a contract was established in the well known case of Hadley vs. Baxendale. According to the judgement, a plaintiff cannot be compensated for unforeseeable damages in an incomplete contract unless he informs the defendant of the possible unforeseen contingency beforehand. In this paper, I extend the argument to the tort case in which it is hardly possible to communicate between a plaintiff and a defendant before an accident occurs. In the case of the sequential bilateral accident in which the victim’s care level is observable to the injurer, the victim’s care level can be a signal of the unforeseen contingency. I mainly discuss the implementability of the social optimum by the contributory negligence with dual standard of care enabling the communication between the parties.     

Strategic tariffs, tariff jumping, and heterogeneous firms

The majority of research to date investigating strategic tariffs in the presence of multinationals finds a knife-edge result where, in equilibrium, all foreign firms are either multinationals or exporters. Utilizing a model of heterogeneous firms, we find equilibria in which both pure exporters and multinationals coexist. We utilize this model to study the case of endogenously chosen tariffs. As is standard, Nash equilibrium tariffs are higher than the socially optimal tariffs. Unlike existing models with homogeneous firms, we find that non-cooperative tariffs promote the existence of low-productivity firms relative to the socially optimal tariffs. This highlights a new source of inefficiency from tariff competition not found in models of homogeneous firms. In addition, we find that in many cases the Nash equilibrium tariff when FDI is a potential firm structure is lower than when it is not. As a result, FDI improves welfare by mitigating tariff competition.     

Backcasting energy futures using industrial ecology

Backcasting has been widely used for developing energy futures. This paper explores the potential for using industrial ecology to guide the development of energy futures within a backcasting framework. Building on the backcasting work of Robinson [1], a seven step method is presented to embed industrial ecology principles within the development and assessment of future scenarios and transition paths toward them. The approach is applied to the case of backcasting regional energy futures in the Latrobe Valley, near Melbourne, Australia. This region has substantial brown coal deposits which are currently mined and used in coal-fired power stations to generate electricity. Bounded by a sustainability vision for the region in a carbon-constrained world, regional industrial ecologies in 2050 were backcast around three themes: bio-industries and renewables (no coal usage); electricity from coal with carbon capture and storage (low to high coal usage); and coal to products such as hydrogen, ammonia, diesel, methanol, plastics and char (demonstrating medium to high overall coal use relative to current levels). Potential environmental, technological, socio-political and economic impacts of each scenario across various life cycle stages were characterised. Results offer a platform for regional policy development to underpin deliberation on a preferred future by the community, industry and other stakeholders. Industrial ecology principles were found to be useful in backcasting for creatively articulating alternative futures featuring industrial symbiosis. However, enabling the approach to guide implementation of sustainable transition pathways requires further development and would benefit from integration within the Strategic Sustainable Development framework of Robèrt et al. [2].     

Valuing customers for social network services

In the current Internet environment, many online service companies based on community factors (networks) produce and sell new types of digital products. For example, SNS (social network service) companies now sell customers digital decorative products for the adornment of online avatars. Not only do individual customers consume these digital products, but they also exchange them as gifts in their local neighborhoods. While previous studies on customer valuation (e.g. CLTV, RFM, etc.) focus on some important issues for identifying valuable customers, the literature does not resolve issues related to the effects on customer value of products purchased as gifts for another person. This study attempts to verify empirically the effects of two representative social network properties (tie strength and the number of ties) on customer monetary value.This study selects 2615 customers from a South Korean SNS website who enrolled on the site on the same day. Data include diverse purchase-related information, social network properties in terms of gift-giving for six months, and demographic information. The primary results of this study are as follows. First, the proposed model, which includes social network properties, has a great deal more explanatory power than the baseline model — the RFM-based customer value model. Second, tie strength and the number of ties in a gift-giving network increase customer value. Third, tie strength has a more profound impact on customer value than does the number of ties. The results of this study theoretically expand the domain of customer valuation studies due to the inclusion of social network properties, and suggest important practical implications for some online SNS companies in their efforts to find valuable customers and improve customer value.     

Perceived Organizational Motives and Consumer Responses to Proactive and Reactive CSR

Corporate social responsibility (CSR) has emerged as an effective way for firms to create favorable attitudes among consumers. Although prior research has addressed the direct influence of proactive and reactive CSR on consumer responses, this research hypothesized that consumers’ perceived organizational motives (i.e., attributions) will mediate this relationship. It was also hypothesized that the source of information and location of CSR initiative will affect the motives consumers assign to a firms’ engagement in the initiative. Two experiments were conducted to test these hypotheses. The results of Study 1 indicate that the nature of a CSR initiative influences consumer attribution effects and that these attributions act as mediators in helping to explain consumers’ responses to CSR. Study 2 suggests that the source of the CSR message moderates the effect of CSR on consumer attributions. The mediating influence of the attributions as well as the importance of information source suggests that proper communication of CSR can be a viable way to inculcate positive corporate associations and purchase intentions.     

Measuring living standards from the lowest: Height of the male Hangryu deceased in colonial Korea

The living standards in Korea during the colonial period (1910–1945) have been debated for a long time. We explored this problem using the height of the Hangryu deceased, a dead person who did not have any acquaintances to claim the body. We found that the height of male Hangryu deceased, ages 25 to 30, increased by 2.2 cm during the colonial period. This result is consistent with recent quantitative studies measuring income levels or demographic information. However, questions such as when this growth in height started and what initiated this pattern need further investigation.     

Technology infusion in service encounters

Service encounters are critical in all industries, including those that have not been traditionally defined as service industries. The increasing deployment of technology is altering the essence of service encounters formerly anchored in a “low-tech, high-touch” paradigm. This article explores the changing nature of service, with an emphasis on how encounters can be improved through the effective use of technology. The authors examine the ability of technology to effectively (1) customize service offerings, (2) recover from service failure, and (3) spontaneously delight customers. The infusion of technology is examined as an enabler of both employees and customers in efforts to achieve these three goals. Although the infusion of technology can lead to negative outcomes and may not be embraced by all customers, the focus of this article is on the benefits of thoughtfully managed and effectively implemented technology applications. Past research and industry examples are featured and future research directions and managerial implications are highlighted. Mary Jo Bitner is the AT&T Professor of Services Marketing and Management and the research director of the Center for Services Marketing & Management at Arizona State University. Her research focuses on customer evaluations of service, selfservice technologies, and service delivery issues. She has published in theJournal of Marketing, theJournal of the Academy of Marketing Science, theJournal of Business Research, theJournal of Retailing, and theInternational Journal of Service Industry Management. She is coauthor of the textServices Marketing (McGraw-Hill, 2d ed., 2000). Stephen W. Brown holds the Edward M. Carson Chair of Services Marketing and Management, is Professor of Marketing, and director of the Center for Services Marketing & Management at Arizona State University. His research focuses on services marketing strategy, service delivery, customer loyalty, and service recovery. He has published in theJournal of Marketing, theJournal of Marketing Research, theJournal of the Academy of Marketing Science, theJournal of Business Research, and theJournal of Retailing. He is the coeditor of theAdvances in Services Marketing and Management series. Matthew L. Meuter is Assistant Professor of Marketing at Villanova University with a Ph.D. in marketing from Arizona State University. His research interests focus on the impact technology has on the marketing function, the changing nature of technologically based service encounters, customer satisfaction with self-service technologies, and customer adoption of technologically based service delivery innovations. His research has been published in the American Marketing Association's (AMA)Educators' Proceedings and has been presented at several national conferences.     

Economic modeling for the US of the cost-efficiency and associated expanded treatment access of conversion to biosimilar pegfilgrastim-bmez from reference pegfilgrastim

Abstract

Aims: For this economic analysis, we aimed to model: (1) the cost-efficiency of prophylaxis with biosimilar pegfilgrastim-bmez for chemotherapy-induced (febrile) neutropenia (CIN/FN) compared to reference pegfilgrastim, and (2) the expanded access to CIN/FN prophylaxis and anti-neoplastic treatment that could be achieved with biosimilar cost-savings on a budget-neutral basis.

Methods: In a hypothetical panel of 20,000 cancer patients receiving CIN/FN prophylaxis and using the average sales price (ASP) for the second quarter of 2019 for reference pegfilgrastim, we: conducted an ex ante simulation from the payer perspective of the cost-savings of 10–100% conversion from reference to biosimilar pegfilgrastim-bmez using drug price discounting ranging from 10–35%; estimated the budget-neutral expanded access to biosimilar pegfilgrastim-bmez enabled by these cost-savings; and estimated the budget-neutral expanded access to anti-neoplastic treatment with pembrolizumab. The simulations were replicated using fourth quarter 2019 wholesale acquisition cost (WAC) for reference pegfilgrastim and biosimilar pegfilgrastim-bmez in a post facto analysis.

Results: In ASP simulations, cost-savings of using pegfilgrastim-bmez over reference pegfilgrastim in a 20,000 patient panel range from $1.3?M (at 15% price discount) to $3?M (35%) at 10% conversion rate and from $6.4?M to $14.9?M, respectively, at 50% conversion. These savings could provide prophylaxis with pegfilgrastim-bmez to an additional 352 (15% discount) to 1,076 patients (35%) at 10% conversion or 1,764–5,384, respectively, at 50% conversion. Alternatively, savings could be reallocated for anti-neoplastic treatment with pembrolizumab to 3 (15% discount) to 9 (35%) patients at 10% conversion or 19–45, respectively, at 50% conversion. When utilizing WAC, cost-savings range from $4.6?M (10% conversion) to $23.1?M (50%) which could provide pegfilgrastim-bmez to an additional 1,174 (10% conversion) to 5,873 patients (50%).

Conclusions: Prophylaxis with biosimilar pegfilgrastim-bmez increases the value of cancer care by generating significant cost-savings that could be reallocated to provide expanded access to CIN/FN prevention and anti-neoplastic therapy on a budget-neutral basis.