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Recovery Of Pure Economic Loss In Product Liability Actions: An Economic Comparison Of Three Legal Rules, Heidi A. Irvin, Mark S. Carlson
Recovery Of Pure Economic Loss In Product Liability Actions: An Economic Comparison Of Three Legal Rules, Heidi A. Irvin, Mark S. Carlson
Seattle University Law Review
This Comment argues that in the allocation of pure economic loss caused by product failure, the negligence rule is generally more efficient than a strict liability rule and that a contract rule is almost always more efficient than a negligence rule. Part II presents a general discussion of the attributes of an economically efficient remedy. In Part III, three legal rules used to allocate pure economic loss are scrutinized under the standards set forth in Part II.
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
Seattle University Law Review
The thesis of the Article is that the expansion of tort liability based on strict liability or enterprise liability without regard to the proper measurement of damages in such cases is at the root of the insurance crisis rather than the awarding of excessive damages in ordinary fault cases. Stated another way, the expansion of tort liability was based upon the appropriateness of internalizing the cost of economic activity by spreading the risk among the beneficiaries of such activity, but the damages were measured under full compensation theories rather than a more appropriate insurance approach. This divergence between basing liability …