The Portuguese Constitution, in article 22, instituted the general principle of tort liability of the State and other public law entities. Consequently, ordinary legislation established the tort liability of the State into the Portuguese Legal Order, by means of Decree-Law 48051, of 1967. This decree, which was criticised extensively, was amended by virtue of Law 67/2007, of 31 December, establ...

OBJECTIVE To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. DATA SOURCES/STUDY SETTING Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state...

This article highlights two contrasting sets of images of tort that are dominant in UK culture. The first set reflects various aspects of the traditional portrayal of justice, which depicts tort as an independent ‘natural’ system of rules of universal application forming the foundation of a just society. The second group of images is more recent and relates to the perceived development of a dam...

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...

OBJECTIVE The Veterans Health Administration's patient incident reporting system was established to obtain comprehensive data on adverse events that affect patients and to act as a harbinger for risk management. It maintains a dataset of tort claims that are made against Veterans Administration's employees acting within the scope of employment. In an effort to understand the thoroughness of rep...

Tort law presents a puzzle from an information cost point of view. Like property, its duties often avail against others generally, but unlike property it is appears not to be standardized and is more subject to judicial innovation. This essay argues that torts, like property, employs modular structures to manage the complexity of interactions between actors. Both property and torts solve the in...