A Theory of Strict Liability: Toward a Reformulation of Tort Law"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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accepted accident action affirmative defense allegation allocation analysis apply argue argument assumption of risk avoid the harm bargee benefits Carroll Towing formula causal connection causal defenses causal paradigms caused harm common law compulsion context contributory negligence corrective justice costs court damages decide decision defendant defendant's conduct defense of assumption developed distinction duty duty of care economic Epstein facie Fleming James force ground Guido Calabresi H. L. A. Hart Harper & Fleming infant inflicted injury intent James Barr Ames law of negligence law of tort loss moral negligence system Nonetheless notions person plaintiff plea position Posner possible precautions prima facie principle problem proposition Prosser railroad reasonable recover responsibility Restatement of Torts result Samaritan sense standard statute strict liability supra chap supra note system of strict term theories of negligence theory of strict third party tion tort law Torts 2d trespass