The Idea of Fairness in the Law of Enterprise Liability - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Idea of Fairness in the Law of Enterprise Liability write by Gregory C. Keating. This book was released on 2019. The Idea of Fairness in the Law of Enterprise Liability available in PDF, EPUB and Kindle. The theory and practice of enterprise liability are oddly disjoined. On the one hand, case rhetoric insists that considerations of fairness are among the primary justifications for imposing enterprise liability. On the other hand, normatively inclined and theoretically ambitious scholarship on enterprise liability is overwhelmingly economic in cast. Economically inclined scholars have flocked to the field, while other kinds of tort theorists have shunned it, implicitly or explicitly conceding it to economic analysis. This paper argues that, contrary to this consensus, there is a powerful and important fairness case to be made for enterprise liability. This case fits the rhetoric of the decisions and the structure of the doctrines, and draws philosophical support from Kantian social contract theory. When enterprises are in a position to spread the costs of nonnegligent accidents across the class of those who benefit from the risks that inevitably issue in such accidents, enterprise liability is more reasonable than negligence liability. Under these circumstances, enterprise liability reconciles the competing claims of liberty and security more fairly, and more favorably, than negligence liability.
Fairness and Two Fundamental Questions in the Tort Law of Accidents
Fairness and Two Fundamental Questions in the Tort Law of Accidents - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fairness and Two Fundamental Questions in the Tort Law of Accidents write by Gregory C. Keating. This book was released on 2013. Fairness and Two Fundamental Questions in the Tort Law of Accidents available in PDF, EPUB and Kindle. This paper explores two central questions in the tort law of accidents--the choice between negligence and strict liability, and the level of reasonable precaution--from a fairness perspective. The first part of the paper develops the idea that liability rules are fair when they are ex ante and, over the long run, to the advantage of all those they affect, even those who fare worst under them. The second part of the paper investigates the choice between negligence and strict liability, taking into account two competing conceptions of fairness. One influential conception takes reciprocity or nonreciprocity of risk to be the master test of fairness, holding that accident costs are fairly distributed when the risks which give rise to accidents are fairly distributed. Another influential conception holds that the accident costs of risky activities should be spread among all those who benefit from the activity, ideally in proportion to their degree of benefit. This conception takes the distribution of harm--of the costs of accidents themselves--to be central. Part two of the paper argues that this second conception of fairness is preferable, and that it gives us good reason to believe that enterprise liability is prima facie fairer than negligence liability. Part three of the paper takes up the question of reasonable care, investigating the fair level of precaution. This part of the paper focuses particularly on the question of what fairness requires when an activity imposes a significant risk of serious injury. When an injury is serious--when the harm it does substantially impairs the pursuit of a normal life and when that harm cannot be repaired--fairness cannot be achieved by redistributing accident costs after the injury. Fairness must be achieved, if it can be achieved, by pitching the level of precaution at an appropriately high point ex ante. The paper argues that fairness requires pushing the level of precaution beyond the wealth maximizing point when substantial risks of serious injury are at issue. Fairness requires reducing such risks to the point where further reduction would threaten the activity that engenders them, the point where the long-run health of the activity would be jeopardized. The fourth and final section of the paper examines the connections between fairness and the forms of justice. Taking issue with the dominant position in contemporary tort theory, section four argues that justice (as fairness) in tort accident law is primarily a question of distributive justice, and only secondarily a matter of corrective justice.
Understanding Enterprise Liability
Understanding Enterprise Liability - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Understanding Enterprise Liability write by Virginia Nolan. This book was released on 2011-02-02. Understanding Enterprise Liability available in PDF, EPUB and Kindle. In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.
Corporate Duties to the Public
Corporate Duties to the Public - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Corporate Duties to the Public write by Barnali Choudhury. This book was released on 2019-01-10. Corporate Duties to the Public available in PDF, EPUB and Kindle. Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
The Evolution from Strict Liability to Fault in the Law of Torts
The Evolution from Strict Liability to Fault in the Law of Torts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Evolution from Strict Liability to Fault in the Law of Torts write by Anthony Gray. This book was released on 2021-02-25. The Evolution from Strict Liability to Fault in the Law of Torts available in PDF, EPUB and Kindle. Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
