Article Response of the European Law Institute to Public Consultation on Civil Liability – Adapting Rules Digital Age and Artificial Intelligence was published April 1, 2022 in journal Journal Tort (volume 13, issue 1).

Abstract The law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number ways. While civil generally place code, common favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case plays significant role mainta...

Over the past several decades, the growth of federal statutes and the rise of the regulatory state has weakened and displaced state common law even in the absence of preemption. However, there is a strong theoretical and judicial foundation on which to argue that the existence of statutes, regulations, and the data they generate should be used to inform and develop state common law rather than ...

This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law — liability for accidents (tort law), property law, and contracts — as well as the litigation process and public enforcement of law. Forthcoming in A.J. Auerbach and M. Feldstein, Handbook of Public Economics JEL Classes K00, K10, K11, K12, K13, K...

The essential rationale for imposing the doctrine of strict liability in tort is that such imposition affords the consuming public the maximum protection from dangerous defects in manufactured products by requiring the manufacturer to bear the burden of injuries and losses enhanced by such defects in its products! In Brandenburger v. 2 the Montana Supreme Court adopted the doctrine of strict li...