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Full-Text Articles in Law
Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Jean M. Eggen
Recent developments in neuroscience may contribute to some long-needed changes in negligence law. One negligence rule in need of reform is the duty rule allowing physical disabilities to be considered in determining whether a party acted negligently, but disallowing mental disabilities for adult tortfeasors. Further, this bifurcated rule applies imposes an objective standard only on adults alleged to have acted negligently. A subjective standard applies to all parties in intentional torts and to children in negligence actions. Courts justify the bifurcated rule for adults on policy grounds, but these policy underpinnings are no longer valid in contemporary society. More accurate …
L'Ontologia Dei Danni Non Patrimoniali, Pier Giuseppe Monateri
L'Ontologia Dei Danni Non Patrimoniali, Pier Giuseppe Monateri
Pier Giuseppe Monateri
L'autore esamina la nuova decisione della Cassazione che, dandogli ragione, ristabilisce in termini coerenti la 'ontologia' dei danni non patrimoniali, chiarendo che il danno esistenziale ha natura propria e differente da quella del danno morale e del danno biologico
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Christopher Robinette
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Christopher Robinette
Christopher J Robinette
Lapses Of Attention In Medical Malpractice And Road Accidents, Robert D. Cooter, Ariel Porat
Lapses Of Attention In Medical Malpractice And Road Accidents, Robert D. Cooter, Ariel Porat
Robert Cooter
A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for “reasonable” lapses distorts doctors’, drivers’, and manufacturers’ incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for …