Jump to ContentJump to Main Navigation

You are looking at 1-5 of 5 items

  • Keywords: comparative fault x
Clear All Modify Search

View:

Anti-Insurance

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/9780691151595.003.0008
Subject:
Law, Comparative Law

This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With ... More


The core issue in strict liability: An Appropriate Test for Defect

Frank J. Vandall

in A History of Civil Litigation: Political and Economic Perspectives

Published in print:
2010
Published Online:
May 2011
ISBN:
9780195391916
eISBN:
9780199894772
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391916.003.0004
Subject:
Law, Constitutional and Administrative Law, Legal History

In 1944, the Escola case, which illustrates Justice Traynor's argument about how manufacturers should be held to the standard of strict liability, was decided by the Supreme Court of California. This ... More


The Development of Civil Law’s Response to Worldly Women and Precocious Teenagers: Historical Wisdom or Oppressive Judgment?

Jennifer Ann Drobac

in Sexual Exploitation of Teenagers: "Adolescent Development, Discrimination, and Consent Law"

Published in print:
2016
Published Online:
September 2016
ISBN:
9780226301013
eISBN:
9780226301150
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226301150.003.0005
Subject:
Law, Criminal Law and Criminology

The civil system addresses personal injury, sexual exploitation, and “consent,” among other matters, through common law tort (personal injury) laws or more modern state statutory responses to human ... More


Wising Up in the Workplace: Modern Antidiscrimination Law and Its Application

Jennifer Ann Drobac

in Sexual Exploitation of Teenagers: "Adolescent Development, Discrimination, and Consent Law"

Published in print:
2016
Published Online:
September 2016
ISBN:
9780226301013
eISBN:
9780226301150
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226301150.003.0007
Subject:
Law, Criminal Law and Criminology

Chapter 7 evaluates the efficacy of modern antidiscrimination law. It explains how Title VII of the 1964 Civil Rights Act never contemplated juvenile workers. State fair employment practices statutes ... More


Exploring the Relationship between Consent, Assumption of Risk, and Victim Negligence

Kenneth W. Simons

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0014
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter analyzes the nature of consensual rationales for precluding tort liability, and explores the relationship between consent to an intentional tort, assumption of risk, and victim ... More


View: