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The moral of torts

SSRN Electronic Journal, 2020
Tort theory is an anxious field, trying either to explain the body of tort law through a unified account or surrendering to the view that torts is just an accumulation of ad hoc “policy” judgments without a consistent explanatory basis. In this chapter, we argue that the natural law theory in the Christian tradition breaks through this impasse in tort ...
Michael P. Moreland   +1 more
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On the Concept of Tort

Israel Law Review, 1968
Under common law and in other legal systems, including our own, which have in whole or in part adopted English tort law, each tort possesses its own special physiognomy. Yet, the very term “tort” in its generality attests to the existence of certain elements, in addition to those which distinguish one tort from another, common both to the constituent ...
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1. Tort and the tort system

2013
Tort is the area of civil law which provides a remedy for a party who has suffered the breach of a protected interest. Different torts deal with different types of harm or wrongful conduct and the ‘ingredients’ for each of these torts are different; each with its own particular characteristics.
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Tort Law

2014
This chapter provides a basic introduction to tort law, with emphasis on the distinction between fault liability and strict liability.keywordsprecautionary measurestrict liabilityrailroad companytort liabilityprotected interestthese keywords were added by machine and not by the authors.
van Maanen, G.E., Hage, J.C.
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Street on Torts

2015
Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject. Part II looks at negligent invasions of interests in the person, property and financial assets as well as examining the liability in negligence of public authorities.
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Tort Law

2017
Tort law deals with the compensation of damage that originated outside a contractual context. Sometimes liability for damage is shifted: somebody else than the person who suffered the damage in the first place must bear the costs. If the liability shift is based on wrongful behavior, we speak of fault liability.
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The Logic of Tort

Academic Radiology
The rationale of what constitutes negligence in jurisprudence is important for radiologists to understand as it explains some of test ordering phenomenon.
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Tort Theories and Tort Statutes

2017
Although the legislature has made significant inroads into tort law, tort theorists have focused their attention overwhelmingly on the common law. Serious consideration has never been given to the challenges that statutory tort law poses for theories of tort law.
Goudkamp, J, Murphy, J
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Torts

2020
In the United States and elsewhere, the Law and Economics movement has fundamentally reshaped how judges, lawyers, and law students understand tort law. And yet economic interpretations of tort law – as opposed to prescriptive analyses of tort problems that deploy economic methodologies – face insuperable difficulties. Why, then, do they endure?
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