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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


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


Living on the Fault Line: The Reasonable Person and the Developmentally Disabled

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0002
Subject:
Law, Philosophy of Law

As the common law's tool for identifying behaviour that attracts neither censure nor legal liability, the reasonable person plays a central role in the law of negligence. Only those who emulate the ... More


Negligence

HECTOR L. MACQUEEN and W. D. H. SELLAR

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0017
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on the year 1795 until 1932, a period which marks a great shift and change in the history of the law of delict in Scotland. In the early period of Scots’ law of delict, ... More


Childbirth and the Law

John Seymour

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.001.0001
Subject:
Law, Medical Law

This book examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. ... More


Introduction: ‘Personal’ Problems: Rethinking the Reasonable Person

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0001
Subject:
Law, Philosophy of Law

For well over a century, the reasonable person — or perhaps, more accurately, the reasonable man — has been a central figure in the landscape of the law. The reasonable person has, for instance, ... More


The Reality of Negligence Actions and the Need for Reform

John Seymour

in Childbirth and the Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.003.0013
Subject:
Law, Medical Law

Chapter 10 discussed problems arising from the courts’ application of the principles of negligence law in actions arising from obstetric misadventures. Chapter 12 sought to provide some answers to ... More


The Standards of Care in Negligence Law

RICHARD W. WRIGHT

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0012
Subject:
Law, Philosophy of Law

This chapter challenges the utilitarians’ claim with respect to the standards of care in negligence law. Negligence liability is the most common type of tort liability and is thought to be the most ... More


Managerial Efficiency

J. E. Parkinson

in Corporate Power and Responsibility: Issues in the Theory of Company Law

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198259893
eISBN:
9780191682018
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259893.003.0020
Subject:
Law, Company and Commercial Law

This chapter assesses the legal response to shirking and managerial incompetence, the other problems that have been assumed to be exacerbated by the separation of ownership and control, by way of the ... More


Freedom of Contract in the Courts, 1770–1870–11

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0015
Subject:
Law, Law of Obligations

This chapter examines changes in the treatment of freedom of contract in England during the period from 1770 to 1870, particularly the decline of reliance and benefit and the development of the law ... More


Right, Justice, and Tort Law

RICHARD W. WRIGHT

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0008
Subject:
Law, Philosophy of Law

The two principal monistic theories of law are the utilitarian efficiency theory and the Kantian-Aristotelian theory of right or justice, based on the foundational norm of equal individual freedom, ... More


Duty, Causal Contribution, and the Scope of Responsibility: Does the Law of Negligence Impose Rational Limits?

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter identifies the potential legal ‘hangovers’ weighing down the contemporary laws of negligence. The term ‘legal hangovers’ refers to concepts that continue to exist within a body of law ... More


Embarking: The Pittsburgh Survey, Workers’ Compensation, and the First Blush of Fame

Amy Aronson

in Crystal Eastman: A Revolutionary Life

Published in print:
2020
Published Online:
January 2020
ISBN:
9780199948734
eISBN:
9780190912864
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199948734.003.0004
Subject:
History, American History: 20th Century, Social History

In 1907, Crystal Eastman began a temporary job investigating industrial accidents with the Pittsburgh Survey, a comprehensive study of urban industrial life organized by Paul Kellogg and Edward ... More


Something Came Between Us

John Gardner

in From Personal Life to Private Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198818755
eISBN:
9780191859656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198818755.003.0002
Subject:
Law, Philosophy of Law

This chapter explores the sense in which the duties of the law of torts and the law of contract may be said to be ‘relational’. It takes a stand against the hyper-relationalism of many writings on ... More


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