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Conclusion

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0013
Subject:
Law, Comparative Law

This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when ... More


Negligence Per Se and Unaccounted Risks

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0004
Subject:
Law, Comparative Law

This chapter considers cases of “negligence per se” and the problem of unaccounted risks. In general, breaching the statute constitutes “negligence per se.” When the injurer's breach of the statute ... More


Prices, Sanctions, and Discontinuities

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0002
Subject:
Law, Comparative Law

This chapter considers a misalignment between the standards of care and damages due to a court's lack of information regarding causation. It first explains the distinction between prices and ... More


The Injurer’s Self-Risk Puzzle

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0003
Subject:
Law, Comparative Law

This chapter considers a misalignment due to courts' ignorance of the injurer's self-risk when they set the standard of care. In setting the standards of care, courts consider the risks the injurer ... More


Lapses and Substitution

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0005
Subject:
Law, Comparative Law

This chapter deals with lapses of attention, for example by a driver or a doctor, and explains how a negligence rule gives injurers an incentive to substitute activities with unavoidable accidents ... More


Total Liability for Excessive Harm

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0006
Subject:
Law, Comparative Law

This chapter proposes a novel form of the negligence rule known as total liability for excessive harm to address situations in which several injurers cause harm and the court can verify the total ... More


Structuring the English Law of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0007
Subject:
Law, Comparative Law, Law of Obligations

This chapter starts with an explanation of why such a taxonomical exercise matters; and then looks at the two main models available to structure the law of wrongs, namely a right-based model and a ... More


English Law and the Civilian Division of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0008
Subject:
Law, Comparative Law, Law of Obligations

This penultimate chapter examines the way in which English law could, and arguably should, draw on the experience of the civilian tradition to restructure its law of civil wrongs. The starting point ... More


Conclusion

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0009
Subject:
Law, Comparative Law, Law of Obligations

This concluding chapter brings together the different threads of the book, recapitulating how Roman law upheld a strong division between fault-based and no-fault liability; how this division was ... More


The Measure of Injury: Race, Gender, and Tort Law

Martha Chamallas and Jennifer B. Wriggins

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.001.0001
Subject:
Law, Comparative Law

Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and ... More


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