The no-fault system offers an alternative method to tort litigation of obtaining compensation for injuries. By eliminating negligence as a criterion for payment, the no-fault system aims to pay compensation more quickly and return a higher percentage of the liability dollar to those who have suffered harm, either to person or to property. The no-fault concept has been widely applied, especially...

It seems intuitive to attribute intentionality to goal-directed actions. Sometimes, though, goal-directed actions yield side effects that actors could foresee but did not necessarily intend. Previous research suggests that people make opposing attributions to negative and positive side effects: they attribute intentionality to negative side effects but not to positive side effects. Those resear...

This paper modifies the standard tort model by introducing role-type uncertainty, that is, it is assumed that neither party knows in advance whether she will become the victim or the injurer when an accident occurs. When the standards of care of the two parties are assumed to be set at the socially optimal levels, only pure comparative negligence and the equal division rule guarantee efficiency...

Over the past few months three books have come to the office which deserve some attention from the legal profession. Each is unique in its own way and serves a useful purpose. The first of the three is Professional Negligence1 by Australian National University law professor David F. Partlett. The book deals fundamentally with tort liability of professionals, mainly, M.Ds. and lawyers, but inclu...

The cost of clinical negligence claims against the NHS in England rose to £1.259bn ($1.9bn, €1.5bn) in the last financial year, and the number of new cases in 2012-13 climbed by 10.8% to more than 10 000. The year before, in 2011-12, the bill breached £1bn for the first time after a 30% rise in claims the previous year, forcing the UK government to pump in an emergency cash injection. The figur...

Whereas adults largely base their evaluations of others' actions on others' intentions, a host of research in developmental psychology suggests that younger children privilege outcome over intention, leading them to condemn accidental harm. To date, this question has been examined only with children capable of language production. In the current studies, we utilized a non-linguistic puppet show...

Abstract The distinction between the criminal fault elements of recklessness and negligence is one Anglo-American law’s key distinctions. It a with practical significance, as many serious crimes require at least cannot be committed negligently. standardly marked by awareness. Recklessness requires awareness that one’s conduct carries risk harm. Negligence only ought to have been aware carried s...