Stein F04 Torts class notes

Stein F04 Torts class notes - Monday, August 30, 2004...

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Unformatted text preview: Monday, August 30, 2004 Dimensions domain of the law of torts identify the fault principle fundamental principle upon which tort liability is based damages on which liability may be imposed-negligent (accidental)-intentional Fault Damage Accidental Intentional physical This is the area with which we will most be concerned. emotional proprietary economic torts is about spilled milk-at the end of the day, all damages will be translated into money economic losses are not compensable by the law of torts-intentional torts allow for compensation of economic losses accidental damages are those that are both inflicted and incurred involuntarily legal relationships-voluntarily formed-involuntarily formed torts is always about involuntary relationships because at least one of the parties does not want to be in the relationship tortfeasor is the wrongdoer Hammontree v. Jenner (CA, 1971)-who should bear the burden of the accident defendant plaintiff state (DMV) we all take risks by being alive fault is the criterion by which we adjudicate claims-if you the plaintiff want to recover for damages caused you by defendant, then you must show defendant was at fault strict liability was rejected in favor of a fault element Tuesday, August 31, 2004-fault principle negligent or intentional infliction of injury or damage-strict liability exception to the fault principle rule how does the law of torts determine whether the defendant acted with fault and what are the reasons for imposing strict liability 2 fundamental objectives of the law of torts that inform the legal system in its decision to impose liability on the basis of fault and, exceptionally, strict liability-corrective justice-optimal deterrence Digger digs a hole in the road Municipality does not fill in the hole Bystander stands in the vicinity of the road and the hole observing Victim is a blind person crossing the road who falls into the hole Bystander does nothing to prevent the victims falling into the hole Victim suffers physical injury Digger is liable for holes being dug - fault Municipality is liable for not having fixed the road - strict liability Bystander has no liability unless there is a good samaritan law strict liability is imposed on the party that has the cheapest cost avoidance-in order to increase social welfare, we must minimize the cost of accidents and the avoidance of accidents strict liability often leaves us without criteria and is more difficult to differentiate between participants fault can differentiate between participants entitlements-innate with what we are born-acquired what we have earned, been given (property) corrective justice is based on market value of whatever is disrupted-wrongdoer only pays for damages corrective justice eradicates wrongful losses and wrongful gains simultaneously-value of expansion of wrongdoers liberty is paid for Wednesday, September 01, 2004 if there is no prior entitlement, then there can be no liability for damage-nothing for the law to correct...
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Stein F04 Torts class notes - Monday, August 30, 2004...

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