scholarly journals Aviation Law: Tort Liability for Damage to Persons or Property on the Ground: Res Ipsa Loquitur

1957 ◽  
Vol 55 (6) ◽  
pp. 866
Author(s):  
Allan L. Bioff
Keyword(s):  
Tort Liability ◽  
Res Ipsa Loquitur

Negligence

2016 ◽  
Author(s):  
Jennifer K. Robbennolt ◽  
Valerie P. Hans
Keyword(s):  
Risk Assessment ◽  
Hindsight Bias ◽  
Tort Law ◽  
Psychological Research ◽  
Decision Makers ◽  
Tort Liability ◽  
Reasonable Person ◽  
Central Figure ◽  
Res Ipsa Loquitur

This chapter explores the “reasonable person” who sits at the heart of tort law and negligence. Psychology has important implications for understanding this central figure. Psychological research informs our understanding of how individuals behave in situations that generate tort liability and how the reasonableness of an actor’s behavior is assessed after the fact. The chapter explores the difficulties that decision makers have with risk assessment and risk-utility balancing, including complications caused by automaticity and limits on attention. It describes how hindsight bias and the complexities of metacognition complicate judging reasonableness after the fact. It explores the ways in which psychology can influence how tort doctrines such as custom and res ipsa loquitur are applied. And it considers how fact finders assess the reasonableness of individuals and corporate actors.

Tort Liability

2017 ◽  
Author(s):  
Richard Adelstein
Keyword(s):  
Class Action ◽  
Corrective Justice ◽  
External Costs ◽  
Tort Liability ◽  
Compensatory Damages

Torts are involuntary seizures of entitlements of a certain kind in a particular exchange environment, and tort liability attempts to ensure that tortfeasors compensate their victims for the costs these takings impose. Liability is the law’s answer to externality. It doesn’t seek to deter torts absolutely, but to control them through the principle of corrective justice, which separates efficient from inefficient torts by liability prices and deters only the latter. This chapter examines how these involuntary exchanges are governed by tort liability to do corrective justice and imperfectly completed through individual and class action tort suits for compensatory damages. Tort liability is shown to effectively encourage efficient torts, in which the value of the unlawful cost imposition to the tortfeasor exceeds the external costs of the tort, and thus provide a means to move entitlements to higher-valuing owners in an environment of involuntary takings by private takers.

scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

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