according to article 3 of civil responsibility law (tort law), it is necessary for the judge to determine the amounts of damages by considering the  circumstances of the case. one of the instances of  such circumstances which may have an impact on determination of the amount of damages, as mentioned in article 4(2) of tort law, is financial status of the person causing the loss. following the s...

IN three articles published in this journal between 1973 and 1975, my colleague Professor Richard Epstein set forth an ambitious normative theory of tort law.' Among the distinctive features of this theory were the author's insistence that strict liability based on causal principles should be the prima facie standard of liability, that notions of liberty rather than of economic efficiency shoul...

Law360, New York (November 17, 2015, 10:53 AM ET) -Nuisance has increasingly become the “tort of choice” for plaintiffs in environmental and toxic tort litigation. In addition to other tort claims at their disposal (e.g., strict liability, negligence, trespass), plaintiffs consistently tack on nuisance claims because of the perception that such claims are subject to less stringent legal standar...

In the following paper we will be mapping tort law in the common law, reflecting on the divergence between corrective and distributive justice and their main theoretical defenses deployed by Anglo-American scholars. The concepts are in turn portrayed in their proper context: a legal culture shaped historically different from the continental legal culture. However, at a deeper level, both tradit...

No tort reform has more potential to improve the quality of medical care and to reduce the frequency of patient injuries than exclusive hospital enterprise liability. Hospital enterprise liability would make hospitals liable for all patient injuries occurring in the hospital that are the product of provider negligence, regardless of the independent contractor status of the providers. In its “ex...

This Essay exposes and analyzes a hitherto overlooked cost of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts' reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, recourse to cust...

Tort law is a form of collective intervention into social and economic affairs that carries with it substantial costs, both public and private. These costs include higher prices for goods and services, higher taxes, and the socially undesirable consequences that tort law has on people's behavior such as the failure of companies to develop and introduce products the public wants, the wasteful an...

This article summarizes the various approaches to how the law should assign responsibility in a system where health care financing and delivery are combined. Health law scholars have been debating whether conflicts in managed care between individual patient needs and preserving assets for the patient population should be resolved by tort or contract law. Until recently, the literature has been ...

This article examines Stapleton's view that insurance has lacked influence and been no more than a 'makeweight' argument in the development of tort liability. Looking at the wider context, the article describes the overwhelming importance of insurers to the litigation system and argues that all cases are affected by insurance practice. It distinguishes the effect of insurance upon judicial fact...

strict liability is the result of philosophical ideas of lawyers in front of developments in human knowledge and complexity of social relationships. strict liability the main aim is facilitation of victim's compensation, so the proof of fault is not necessary and causation is sufficient. this type of liability is justified by various foundations of economics, society and morality. in the b...