Exploring Tort LawM. Stuart Madden Cambridge University Press, 2005 M09 26 - 492 páginas 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. |
Contenido
RESPECT | 4 |
Stuart Madden | 8 |
THE LEGACY OF FIVE LANDMARKS | 52 |
TWENTYFIRSTCENTURY INSURANCE AND LOSS | 81 |
A CRITIQUE OF VICARIOUS | 111 |
THE DISINTEGRATION OF DUTY | 143 |
PRIVITY CAUSATION | 228 |
CONTROLLING THE FUTURE OF THE COMMON LAW | 262 |
INFORMATION SHIELDS IN TORT LAW | 295 |
THE COMPLEXITY OF TORTS THE CASE OF PUNITIVE | 333 |
THE LESSONS | 352 |
CAUSATION IN PRODUCTS LIABILITY AND EXPOSURE | 403 |
483 | |
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Términos y frases comunes
accident costs Administrative Law analysis approach association avoid awards benefits causation cause chapter claimants claims collateral source rule collateral sources collective rights common law compensation conception context contract corrective justice Court in Administrative danger decision defective defendant defendant's deterrence discussion disease doctrine duty duty of care economic loss efficient enterprise liability entity-level liability epidemiological example expected costs exposure first-party insurance Guido Calabresi harm hire imposed independent contractors individual issue judge judgment-proof judicial jury limited litigation loss distribution manufacturer negligence norms optimal organizations pain and suffering percent plaintiff popular action potential principals privity product design products liability proportional liability protection punitive damages reasonable regulate relationship relative risk Restatement Third risk-taking Section Socrates specific causation strict liability subrogation reimbursement supra note third parties tort law tort liability tort recovery tort reform tort system toxic vicarious liability victims warning wrongful