A Theory of Strict Liability: Toward a Reformulation of Tort Law

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Cato Institute, 1980 - Law - 141 pages
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"Although Richard Epstein's theory of strict liability explains many aspects of contemporary tort law better than some more fashionable theories, nevertheless it ought to be viewed as primarily normative in character. His version of strict liability is an attempt to base the prima facie case in a tort action solely on causal grounds. He then proceeds to develop some very striaghtforward causal and noncausal defenses to the valid prima facie case. In the development of his theory, Epstein emphasizes the ways in which it differs from a system of negligence, particularly the variety based on considerations of economic efficiency." -- from the Foreword, p. ix.

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About the author (1980)

Born in 1943, Richard A. Epstein graduated from Columbia in 1964 with a degree in philosophy. He continued his education at Oxford, earning a B.A. in law in 1966, and from there attended Yale, where he received an LL.B. in 1968. Following graduation Epstein joined the faculty at the University of Southern California, teaching there until 1972. He became a regular member of the faculty at the University of Chicago in 1973, where he was named James Parker Hall Professor in 1982 and Distinguished Service Professor in 1988. Richard Epstein writes extensively concerning the law. His works include Simple Rules for a Complex World (1995), Bargaining with the State (1993) and Forbidden Grounds: The Case Against Employment Discrimination Laws (1992).

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