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Notes October 25

Notes October 25 - Agenda for Tort Law Week Beginning of...

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Agenda for Tort Law Week Beginning of Part III October 25, 2005 Handout/Review Research Paper Assignment Definitions o The Incredibles o What is “tort law”? o What is insurance? Historical Changes in U.S. o 19 th versus 20 th Centuries o Explaining the Change o Lessons for the CCV versus DCV Debate The Comparative Perspective o US versus other Countries o Why the differences? Historical Changes and the Comparative Perspective Think KAGAN! The Incredibles : series of entrepreneurial lawyers arguing against Mr. Incredible; these suits created different political climate compensation “No more super heroes.” o Conservative attack on tort system. Definitions Tort Law : a branch of civil law, which deals with wrongful acts involving injuries to person, property or reputation. (Note: it excludes damages resulting from a breach of contract). Insurance : a private contract or public regulatory system, which spreads the risk of individual loss. o Private contract: driver’s insurance. Pay premiums every month in exchange for any unexpected loss associated under the covered contract. o Public/Social Insurance Workers’ compensation spreads individual loss across a wide range of people. 19 th Century to 20 th Century Tort law is an ancient body of law; insurance is relatively modern. Before mid-19 th Century, there was no text book on tort law in English. o “Sleepy” area of law. Before the 19 th Century, there was very little compensation injuries were God’s will.
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