Exploring Tort Law
Tort law provides individuals or groups redress for wrongful harm to every dimension of life from physical injury to property damage to personal insult. Over the past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. This edited collection comprises new scholarship from many of today's most influential contributors to Torts scholarship. Topics include provocative analyses of orginal Tort-type norms; punitive damages; proportional liability; the political-legal dynamics of the Restatement process; landmark modern Torts decisions; the future of collateral source rules relative to various types of insurance; the role of risk information in assignment of seller liability; privity and freedom of contact; the vitality of negligence and duty rules, and optimal rules for vicarious liability. The collection closes with chapters from civil code nation authorities on the European view of causation in toxic harm suits and on collective rights and actions in South America and in Europe.
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THE LEGACY OF FIVE LANDMARKS
TWENTYFIRSTCENTURY INSURANCE AND LOSS
A CRITIQUE OF VICARIOUS
THE DISINTEGRATION OF DUTY
CONTROLLING THE FUTURE OF THE COMMON LAW
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accident action administrative adopted agents allow analysis apply approach association avoid benefits causation cause chapter claims collective rights common compensation conception conduct considerations considered context contract corrective costs courts created damages danger decision defective defendant defendant's determine direct discussion disease doctrine duty economic effect efficient error evidence example exist expected exposure fact follows given Guido Calabresi harm important imposed incentives increase independent individual injury interest involved issue judge judicial justice less limited loss manufacturer means negligence normative organizations particular parties person physical plaintiff possible potential present principals probability problem products liability protection question reasonable recovery regarding relationship relative respect responsibility Restatement result risk rule situation social sources specific standard strict suffering supra note third tort law victims warning wrong