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Full-Text Articles in Torts
Personal Responsibility And The Law Of Torts , Douglas H. Cook
Personal Responsibility And The Law Of Torts , Douglas H. Cook
American University Law Review
No abstract provided.
The Death Of Reliance, Randy E. Barnett
The Death Of Reliance, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In the mid-1970s, it was an article offaith that contract was not properly conceived as a means by which persons could, by their own choice, make law for themselves to govern their relations. Instead, contract was thought best conceived as the rectification of injuries persons may have caused by their verbal conduct in much the same way that persons have a duty to rectify the injuries caused by their physical acts. With contracts, these injuries consisted of detrimental reliance on the words of another. So conceived, both contract and tort duties are imposed by law, and do not arise from …
A Missing Markets Theory Of Tort Law, Keith N. Hylton
A Missing Markets Theory Of Tort Law, Keith N. Hylton
Faculty Scholarship
This Article provides a framework for reconciling the tension between tort doctrine and economic theory, and for addressing the general failure of economically oriented theories to come to grips with doctrine at a detailed level. My claim is that tort doctrine should be viewed as a response to the incompleteness of markets, or more generally the problem of missing markets. Because of market incompleteness, some of the benefits as well as costs associated with activities will be shifted or "externalized" to third parties. Tort doctrine reflects sensitivity to the externalization of benefits and costs. It can therefore be understood only …
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
Law Faculty Scholarly Articles
Federal administrative agencies have established safety standards or licensing procedures for airplanes, motor vehicles, pesticides, drugs, medical devices, and a variety of other products. At the same time, product sellers are subject to tort liability even though their products comply with applicable federal safety standards. Product sellers maintain that compliance with federal safety standards ought to protect them from liability under state tort law and have relied upon several legal principles to support this claim. The first, and most successful, theory is federal preemption. Under this concept, Congress may expressly or impliedly assert the primacy of federal law under the …