Exploring Tort Law

Author: M. Stuart Madden
Publisher: Cambridge University Press
ISBN: 9780521616805
Published In: September 2005
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Independent of criminal or contract law, Tort law provides individuals and groups with redress for injury to every dimension of life from physical injury, to property damage, to personal insult. Over past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. In the US, state courts, federal courts, and the Supreme Court have all been active in the development of Tort policy. This edited collection comprises scholarship from many of today's most influential contributors regarding Torts and Compensation Systems scholarship. Topics include an investigation of the original stimuli for tort-type norms from ancient times onwards, a provocative analysis of five tort landmarks from MacPherson v. Buick Motor Co. to United States v. Carroll Towing Co, and a frank assessment of the limitations of torts within broader compensation systems goals.

Contents:: Part I. Tort Law in the New Millennium: Past as Prologue:
1. Tort Law through time and culture: themes of economic efficiency M. Stuart Madden;
2. Past as prelude: the legacy of five landmarks of twentieth-century injury law for the future of Torts Robert L. Rabin; Part II. Compensation and Deterrence in the Modern World:
3. Twenty-first century insurance and loss distribution in Tort Law Kenneth S. Abraham;
4. Beyond master-servant: a critique of vicarious liability Jennifer H. Arlen and W. Bentley McLeod; Part III. Duty Rules, Courts, and Torts:
5. The disintegration of duty Ernest J. Weinrib;
6. Managing the negligence concept: respect for the rule of law James A. Henderson, Jr;
7. Rebuilding the citadel: privity, causation, and freedom of contract Richard A. Epstein;
8. Controlling the future of the common law by restatement Jane Stapleton;
9. Information shields in Tort Law David G. Owen;
10. The complexity of torts: the case of punitive damages Guido Calabresi;
11. The future of proportional liability: the lessons of toxic substance causation Michael D. Green; Part IV. Torts in a Shrinking World:
12. Causation in products liability and exposure to toxic substances: a European view Federico Stella;
13. Collective rights and collective actions: examples of European and Latin American contributions Juan Carlos Henao.

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