Studies in American Tort LawStudies in American Tort Law introduces students to -- but is careful not to overwhelm them with -- law and economics. At appropriate junctures, economic issues are explored, as in connection with the negligence balancing test and the materials on damages, nuisance, and strict liability. The goal is not to view all of tort law through an economic lens, but to employ economic analysis when it is particularly useful. This approach allows professors from the law-and-economics school to use the materials in the text as a starting point for classroom discussions; those who eschew economic analysis can allow the economic commentary to stand on its own. |
From inside the book
Results 1-3 of 67
Page 125
Vincent R. Johnson, Alan Gunn. Chapter 3 Defenses and Privileges A. CONSENT Total Bar to Liability . The plaintiff's consent to an otherwise - tortious act negates the wrongful element of the defendant's conduct and prevents the ...
Vincent R. Johnson, Alan Gunn. Chapter 3 Defenses and Privileges A. CONSENT Total Bar to Liability . The plaintiff's consent to an otherwise - tortious act negates the wrongful element of the defendant's conduct and prevents the ...
Page 134
... consent . In Fricke v . Owens - Corning Fiberglass Corp. , 571 So. 2d 130 , 131-33 ( La . 1990 ) , the plant foreman ... consent would not have been effective for the unexpected invasion or harm . " 4. Consent and Duress . Consent is not ...
... consent . In Fricke v . Owens - Corning Fiberglass Corp. , 571 So. 2d 130 , 131-33 ( La . 1990 ) , the plant foreman ... consent would not have been effective for the unexpected invasion or harm . " 4. Consent and Duress . Consent is not ...
Page 135
... consent . ( Citations to the case record omitted . ) See also O'Brien v . Cunard S.S. Co. , 28 N.E.2d 266 ( Mass . 1891 ) , at p . 128 , supra , in which the court ignored circum- stances indicating that the plaintiff had no real choice ...
... consent . ( Citations to the case record omitted . ) See also O'Brien v . Cunard S.S. Co. , 28 N.E.2d 266 ( Mass . 1891 ) , at p . 128 , supra , in which the court ignored circum- stances indicating that the plaintiff had no real choice ...
Contents
Contents | xxiii |
Chapter | 1 |
A Intentionally Inflicted Injury | 7 |
Copyright | |
81 other sections not shown
Other editions - View all
Common terms and phrases
accident activity affirmed alleged apply assault award battery breach causation cause of action child circumstances Citation claim common law comparative negligence compensation conduct consent contributory negligence Corp costs court held Court of Appeals danger death decedent decision defective defendant defendant's determine doctrine driving duty emotional distress employee evidence fact factors failure fault foreseeable Guest Statute harm held liable hold imposed infliction injury intentional invitee involved issue Judge judgment jurisdictions jury Justice Keeton limited loss malpractice manufacturer mental Page Keeton party person plaintiff premises present products liability Prosser protection proximate cause punitive damages question reasonable recover recovery res ipsa loquitur rescue doctrine responsible Restatement result risk Rptr rule safety standard statute strict liability suffered superseding cause supra Supreme Court T]he tion tort law tortfeasor trespass trial court unreasonable verdict victim violation warning warranty wrongful