Foundations of tort law /
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Author / Creator: | Levmore, Saul |
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Edition: | 2nd ed. |
Imprint: | New York : Foundation Press / Thomson Reuters, 2009. |
Description: | ix, 426 p. ; 26 cm. |
Language: | English |
Series: | Foundations of law series Foundations of law series. |
Subject: | |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/7977458 |
Table of Contents:
- 1. Theoretical Foundations of Tort Law
- The Costs of Accidents: A Legal and Economic Analysis
- Tort Law and the Demands of Corrective Justice
- The Concept of Corrective Justice in Recent Theories of Tort Law
- 2. Negligence and the Hand Formula
- Duty in Tort Law: An Economic Approach
- Does Risk to Oneself Increase the Care Owed to Others? Law and Economics in Conflict
- Some Effects of Uncertainty on Compliance with Legal Standards
- Untaken Precautions
- The Trouble with Negligence
- 3. Duty Versus No Duty
- The Case for a Duty to Rescue
- Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations
- Rescue Without Law: An Empirical Perspective on the Duty to Rescue
- 4. Medical Malpractice
- The Poor State of Health Care Quality in the U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?
- Rethinking Informed Consent
- Of Swords and Shields: The Role of Clinical Practice Guidelines in Medical Malpractice Litigation
- Deterrence of Medical Errors: Theory and Evidence for Malpractice Reform
- 5. Tort Law Under Uncertainty
- Probabilistic Recoveries, Restitution, and Recurring Wrongs
- The Doctrinal Unity of Alternative Liability and Market-Share Liability
- The Causal Connection in Mass Exposure Cases: A "Public Law" Vision of the Tort System
- 6. Strict and Vicarious Liability
- Toward a Test for Strict Liability in Torts
- The Theory of Enterprise Liability and Common Law Strict Liability
- The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
- 7. Product Liability
- Product Liability Entering the Twenty-First Century: The U.S. Perspective
- Proposals for Products Liability Reform: A Theoretical Synthesis
- Liability for Harm Versus Regulation for Safety
- Products Liability Preemption: An Institutional Approach
- 8. Damages
- Valuing Life and Limb in Tort: Scheduling "Pain and Suffering"
- The Architecture of Bias: Deep Structures in Tort Law
- Assessing Punitive Damages (with Notes on Cognition and Valuation in Law)
- Damage Caps and Settlement: A Behavioral Approach