Tort Liability for Breach of Statute: A Natural Rights Perspective

comparative study of tort liability for breach of intangible rights to personality and human rights

some legal systems recognize a general right to personality from which all concrete rights of personality flow or special laws about some of instances of this right has been adopted. others have developed a wide-ranging protection of personality rights on the basis of general delictual principles. intermixture of intangible rights to personality and human rights arises this question whether for...

Tort Liability for Software Developers: a Law & Economics Perspective

This article explores the economic rationale for applying product liability law to computer software. As demonstrated below, a well-designed liability regime must place liability upon all parties who economically control the risks of accidents. Accordingly, this article finds that strict liability may be appropriate for certain types of “intrinsic” software, but not for other types of software ...

Tort Liability: a Minefield for Managed Care?

The restructuring of health insurance contracts and health care delivery systems under managed care is the result of competitive attempts to reduce the inefficiencies that developed in medical markets under traditional indemnity insurance. Liability rules that continue to apply norms of customary care threaten to undermine these potential efficiency gains. Liability rules under managed care sho...

Who Pays for Tort Liability Claims? An Economic Analysis of the U.S. Tort Liability System

Limiting Tort Liability for Medical Malpractice

The past few years have seen a sharp increase in premiums for medical malpractice liability insurance, which health care professionals buy to protect themselves from the costs of being sued (see Figure 1 on page 2). On average, premiums for all physicians nationwide rose by 15 percent between 2000 and 2002—nearly twice as fast as total health care spending per person. The increases during that ...