Author: Yoon Ha YooPublisher:
ISBN:
Category :
Languages : en
Pages : 56
Book Description
Uncertainty and Negligence Rules
Author: Yoon Ha YooTort Liability Under Uncertainty
Author: Ariel PoratPublisher: Oxford University Press, USA
ISBN: 9780198267973
Category : Law
Languages : en
Pages : 236
Book Description
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Evidential Uncertainty in Causation in Negligence
Author: Gemma TurtonPublisher: Bloomsbury Publishing
ISBN: 1509900330
Category : Law
Languages : en
Pages : 419
Book Description
This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Victim Or Injurer
Author: Jeonghyun KimPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
This paper modifies the standard tort model by introducing role-type uncertainty, that is, it is assumed that neither party knows in advance whether she will become the victim or the injurer when an accident occurs. When the standards of care of the two parties are assumed to be set at the socially optimal levels, only pure comparative negligence and the equal division rule guarantee efficiency, while the rules of simple negligence, contributory negligence, and comparative negligence with fixed division (other than a 50:50 split) produce the possibility of inefficient equilibria. Since the pure comparative negligence rule splits liability between negligent parties according to each party's degree of fault, it makes the accident loss division independent of one's role-type. This produces a social efficiency advantage. We also extend the model to the choice of vehicle size, as a factor determining who will be the injurer and who the victim in motor vehicle collisions. In the extension we analyze various negligence-based liability rules, and tax rules, as instruments for mitigating the vehicle size arms race.
Does Uncertainty Call for Comparative Negligence?
Author: Oren Bar-GillPublisher:
ISBN:
Category : Liability (Law)
Languages : en
Pages : 24
Book Description
Liability Law and Uncertainty Spreading
Author: Luigi A. FranzoniPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
This paper investigates the ability of liability rules to allocate uncertainty. Uncertainty includes both the standard risk and the ambiguity that arises when the causal link between conduct and harm is not conclusive, as is frequently the case with toxic torts. The optimal features of the strict liability rule and the negligence rule are obtained. Strict liability proves superior to negligence when harms are uncorrelated and victims are at least as uncertainty-averse as the injuring party. Negligence is preferable when harms are correlated and victims are numerous. Thus, negligence proves particularly apt to address systematic harms, such as those arising from design defects and warning failures. The main results also apply when accidents are bilateral and when parties can purchase insurance from an uncertainty-averse insurer.
Efficiency of Liability Rules with Role-Type Uncertainty
Author: Rajendra Prasad KunduPublisher:
ISBN:
Category :
Languages : en
Pages : 16
Book Description
In the law and economics literature the question of efficiency of liability rules has primarily been analyzed in the context of two-party interactions in which identities of the victim and the injurer in case of occurrence of accident, are a priori certain. The main conclusion that has emerged is that while various negligence rules as well as the rule of strict liability with the defense of contributory negligence are efficient, the rules of no liability and strict liability are not. This paper shows that if the identities of the victim and the injurer in case of occurrence of accident are a priori uncertain then efficient apportionment of accident losses can be achieved only under very restrictive assumptions.
The Equivalence of Strict Liability and Negligence Rule
Author: Gérard MondelloModel Rules of Professional Conduct
Author: American Bar Association. House of DelegatesPublisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Uncertain Causation in Tort Law
Author: Miquel Martín-CasalsPublisher: Cambridge University Press
ISBN: 1316425487
Category : Law
Languages : en
Pages : 351
Book Description
This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.