Author: Gérard MondelloPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The Equivalence of Strict Liability and Negligence Rule
Author: Gérard MondelloComparative Negligence
Author: Victor E. SchwartzPublisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 730
Book Description
Comparative Negligence, Third Edition fully discusses a doctrine that has been a major force of change in tort law over the past 20 years. Since its initial publication in 1974, it has become the leading reference covering the interaction of comparative negligence with every relevant tort doctrine.
Comparative Negligence
Author: Victor E. SchwartzPublisher: Indianapolis : A. Smith Company
ISBN:
Category : Negligence, Comparative
Languages : en
Pages : 760
Book Description
The American Law of Torts
Author: Stuart M. SpeiserPublisher:
ISBN:
Category : Torts
Languages : en
Pages : 1190
Book Description
Negligence Without Fault
Author: Albert A. EhrenzweigPublisher: Univ of California Press
ISBN: 0520350154
Category : Law
Languages : en
Pages : 104
Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Tort Law in Belgium
Author: Marc KruithofPublisher: Kluwer Law International B.V.
ISBN: 9403500646
Category : Law
Languages : en
Pages : 174
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Belgium. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Belgium. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
A Theory of Strict Liability
Author: Richard A. EpsteinA Theory of Strict Liability
Author: Richard Allen EpsteinPublisher:
ISBN:
Category : Law
Languages : en
Pages : 164
Book Description
Errata slip inserted. Bibliography: p. 137-140.
The Information Advantage of the Negligence Rule Over Strict Liability
Author: Henrik LandoPublisher:
ISBN:
Category :
Languages : en
Pages : 12
Book Description
As an instrument of regulation of externalities, tort law can be particularly effective when it is important to induce victims of harm to come forward with information about harmful acts committed by injurers. The point of the present paper is that this informational role of tort law is more pronounced under the rule of negligence than under strict liability, since victims are induced to provide detailed information that can justify a ruling of negligence. It is argued that the greater production of information under the negligence rule may render the negligence rule more efficient than strict liability when the parties are risk averse. This is illustrated in simple examples of unilateral care, including both an example of an idealized tort system and an example where the injurer may be negligent by mistake. Under the ideally functioning tort system, the injurer will not take out insurance under the negligence rule but will simply take due care and then not be subject to liability. Under strict liability, by contrast, the injurer will take out insurance, which induces moral hazard. The rule of negligence hence induces a first-best outcome while strict liability induces only a second-best outcome. When the injurer may commit mistakes, he is likely to take out insurance, in which case moral hazard arises also under the negligence rule. However, it is shown that the more informative signal conveyed by the victim about the injurer's behavior may render the insurance contract more efficient under the rule of negligence.
Justifying Strict Liability
Author: Marco CappellettiPublisher: Oxford University Press
ISBN: 0192859862
Category :
Languages : en
Pages : 385
Book Description
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.