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Notes - Tort Law Fundamentals

Notes - Tort Law Fundamentals - Tort Law Fundamentals Deals...

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Tort Law Fundamentals - Deals with accidents and their consequences - Will identify two individuals that may have an accident: o Injurer o Victim - The entire focus of ECON Tort law is to give incentives for individuals to behave efficiently, to prevent an accident before it happens. - Tort suit: o Few elements must be established to have a Tort suit Victim is the Plaintiff Injurer is the Defendant Victim must establish: That they were indeed damaged That the Injurer caused the damages In some cases, the Victim must establish the Injurer was negligent, or at fault. o This 3 rd rule depends on the legal rule used. When required, the Negligence rule is used. Causation? o Principle of Cause-In-Fact But for the actions of the Defendant, the Victim would not have suffered injury” ex: Palsgraf v. Long Island (1928) R/R: woman standing on rail platform, minding her business. Man rushes onto train, guards try to push him onto train, drops a box of fireworks, they explode, causing scales to fall on her. What if the train guard didn’t go to work that day because his uniform wasn’t ready? What would have happened? By Cause-In- Fact, the event would not have occurred. How far back will we chase the chain of Causality Court decision: Defined Proximate Cause Opposite of Cause-In-Fact Forward looking definition of Causality Would an individual with reasonable foresight have foreseen this to be a likely outcome of his actions? o Person being pushed would drop a package o Package not likely to explode Economic Model of Precaution
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- Unilateral o There is only one agent, only the Injurer can affect the outcome.
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