who can best avoid/prevent the harm (not just cheapest cost avoider) who is D most directly responsible go down the line of proximate (ex: rapist) liability and hold all liable (ex: garage owners who did not fix lights, bystanders, rapist, everyone else) What’s our test were you directly responsible are you anywhere in the chain for did you breach the man of of events and do you have responsibility ordinary prudence standard money/power to prevent harms the role of personal responsibility, community liability is insurance everyone should have their own insurance; welfare state insurance (even Ps) as basis for tort law) the theory they economic theory critical race theorist use instead of focusing on aggregate best interest of society, we need to focus on what groups take the brunt problems of tort inefficient way of compensating we are asking the weakest law accident victims; we should members of society (poorest) to incentivize insurance over tort law be responsible for one another strict liability: it does not cause and creating a cycle and leaving deterrence, stops innovation the wealthy alone doctrine of proximate cause should not matter against the welfare state for the welfare state role of the P p should have their own highlight issues in society, P insurance, compensation should should be compensated and is a not replace insurance victim Intentional Torts Battery: a purposeful touching or striking of another that causes injury or offense
who can best avoid/prevent the harm (not just cheapest cost avoider) who is D most directly responsible (ex: rapist) go down the line of proximate liability and hold all liable (ex: garage owners who did not fix lights, bystanders, rapist, everyone else) What’s our test for responsibility were you directly responsible did you breach the man of ordinary prudence standard are you anywhere in the chain of events and do you have money/power to prevent harms the role of insurance personal responsibility, everyone should have their own insurance (even Ps) as basis for tort law) community liability is insurance; welfare state the theory they use economic theory critical race theorist instead of focusing on aggregate best interest of society, we need to focus on what groups take the brunt problems of tort law inefficient way of compensating accident victims; we should incentivize insurance over tort law strict liability: it does not cause deterrence, stops innovation we are asking the weakest members of society (poorest) to be responsible for one another and creating a cycle and leaving the wealthy alone doctrine of proximate cause should not matter against the welfare state for the welfare state role of the P p should have their own insurance, compensation should not replace insurance highlight issues in society, P should be compensated and is a victim Intentional Torts Battery: a purposeful touching or striking of another that causes injury or offense
Torts_-_Wyman_Fall_2010_Outline.docx