Tort Law and its Theory
Theories of the Common Law of Torts
This entry examines philosophical accounts of tort law, distinguishing its obligations from other types of private legal obligation.
Tort Law and its Theory - John Gardner at Home
For the best part of fifty years, theoretical reflection on the law of torts has been afflicted by a schism between 'economic' and. 'moral' approaches.
Theories of the Common Law of Torts
Corrective justice theory—the most influential non-economic perspective on tort law—understands tort law as embodying a system of first- and ...
Thoroughly Modern Tort Theory - Harvard Law Review |
Tort law identifies ways in which a person must refrain from treating another (or, more rarely, must assist another). Each of the torts — not ...
Tort Law: What It Is and How It Works, With Examples - Investopedia
The original intent of tort is to provide full compensation for proved harms. Lawsuits involving contracts fall under contract law. Tort law requires those who ...
Tort Law and Its Theory (Chapter 18) - The Cambridge Companion ...
If nothing else, the law of torts takes various classes of actions that we have moral reasons not to perform but that apart from the law would defy determinate ...
tort | Wex | US Law | LII / Legal Information Institute
A tort is an act or omission that gives rise to injury or harm to another and amounts to a · The primary aims of tort law are to provide relief to injured ...
Chapter 6 An Economic Theory of Tort Law I. Defining Tort Law A ...
Intentional versus unintentional torts. An intentional tort is one in which the defendant intended to cause harm to the plaintiff by an act or failure to act.
John Gardner - Tort Law and Its Theory - Search eLibrary :: SSRN
This paper explores the body of scholarly writing known as 'tort theory', and in particular the polarization of 'economic' and 'moral' ...
Theories of Tort Law - The Sedona Conference®
Section 1 offers a brief overview of tort law and tort theory. Section 2 discusses economic analysis, which is the historically dominant tort ...
Tort Law Inside Out - The Yale Law Journal
Broadly speaking, tort theory has split into two camps: economists view tort as a method of encouraging efficient private behavior, while ...
Right, Justice, and Tort Law - Oxford Academic
The two principal monistic theories of law are the utilitarian efficiency theory and the Kantian-Aristotelian theory of right or justice.
"Harry Potter and the Trouble with Tort Theory" by Scott Hershovitz
Economists argue that tort law promotes an efficient allocation of resources to safety, while philosophers contend that it dispenses corrective justice.
The Glaring Gap in Tort Theory - The Yale Law Journal
The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and central ...
"The Kindynamic Theory of Tort" by Christopher P. Guzelian
Commentators complain of two major deficiencies in modern tort law: (1) that liability concepts such as "negligence" or "duty " are so vacuously defined as ...
Positive Economic Theory of Tort Law
The basic thesis of the economic theory is that tort law creates incentives for people to minimize social cost.
Philosophical Foundations of the Law of Torts | Reviews
An ideal theory of tort law is not a theory about the absence of conflicting interests, but rather a theory of conflict among people who ...
Hybrid Torts and Explanatory Tort Theory - McGill Law Journal
All of my target theorists subscribe to the view that tort law is characterized in part by its bilateral structure: the idea, that is, that torts link two, and ...
The Search for a Grand Unified Theory of Tort Law
He wants to explain both the rights that tort law recognizes and the remedies that it offers. But he is not satisfied with piecemeal ...
Relational Wrongs and Agency in Tort Theory - Oxford Academic
Some of those theorists who believe tort law consists of relational wrongs also believe, under the influence of Kant's legal philosophy, that ...