Optimal Agency Contracts: The Effect of Vicarious Liability and Judicial Error

2007 ◽  
Author(s):  
Albert H. Choi ◽  
Juan Carlos Bisso
Keyword(s):  
Vicarious Liability ◽  
Judicial Error

Structure, Function, and Tort Law

2020 ◽  
Vol 13 (1) ◽  
pp. 31-79
Author(s):  
Dan Priel
Keyword(s):  
Structure Function ◽  
Tort Law ◽  
Structure And Function ◽  
Vicarious Liability ◽  
Causal Uncertainty ◽  
Popular View ◽  
And Function

AbstractA popular view among tort theorists is that an explanation of tort law must take account its “structure,” since this structure constitutes the law’s “self-understanding.” This view is used to both criticize competing functional accounts of tort law, especially economic ones, that are said to ignore tort law’s structure, and, more constructively, as a basis for explaining various tort doctrines. In this essay, I consider this argument closely and conclude that it is faulty. To be valid, one needs a non-question begging way of identifying the essence of tort law. I argue that law’s “self-understanding” can only make sense if it means the understanding of certain people. Examining those, I conclude that the claim of structuralists is false, for there are many people who take its function to be central. I then further show that if one wishes to understand the development of tort law’s doctrine one must take both structure and function into account. I demonstrate this claim by examining the development of the doctrine dealing with causal uncertainty and vicarious liability.

scholarly journals Judicial error and cooperation

2016 ◽  
Vol 89 ◽  
pp. 372-388 ◽  
Author(s):  
Thomas Markussen ◽  
Louis Putterman ◽  
Jean-Robert Tyran
Keyword(s):  
Judicial Error
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