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. |
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Page 204
... Imposed wisely and with restraint , they have the potential to advance legitimate state interests . Imposed indiscriminately , however , they have a devastating potential for harm . Regrettably , common - law pro- cedures for awarding ...
... Imposed wisely and with restraint , they have the potential to advance legitimate state interests . Imposed indiscriminately , however , they have a devastating potential for harm . Regrettably , common - law pro- cedures for awarding ...
Page 613
... imposed an absolute lia- bility ... which virtually makes the enterpriser an insurer . The enterpriser , whether or not negligent in any respect , causes the damage , and the injured party recovers simply by proving damage and causation ...
... imposed an absolute lia- bility ... which virtually makes the enterpriser an insurer . The enterpriser , whether or not negligent in any respect , causes the damage , and the injured party recovers simply by proving damage and causation ...
Page 663
... imposed on the basis of a subsequently discovered means to make the product safer since technology will always be ... impose a duty on them to warn of the unknowable , they misconstrue both the purpose and effect of strict lia- bility ...
... imposed on the basis of a subsequently discovered means to make the product safer since technology will always be ... impose a duty on them to warn of the unknowable , they misconstrue both the purpose and effect of strict lia- bility ...
Contents
Contents | xxiii |
Chapter | 1 |
A Intentionally Inflicted Injury | 7 |
Copyright | |
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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