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Tort Claims As Intangible Property: An Exploration From An Assignee's Perspective, Harold R. Weinberg
Tort Claims As Intangible Property: An Exploration From An Assignee's Perspective, Harold R. Weinberg
Law Faculty Scholarly Articles
Dean Prosser has pointed out that a major function of the law of torts is to allocate losses arising in the course of human activity by placing the burden of the loss on the party at fault. Tort causes of action are both diverse and plentiful in our society, and few persons can avoid being a tort victim at one time or another. Prior to suit, the injured party becomes the “owner” of a tort cause of action. Even though “ownership’’ is involved, it may seem awkward to classify a tort cause of action as personal property. This difficulty is …