Law Commons^™

The Cleaver, The Violin And The Scalpel: An Essay On Duty And The Third Restatement Of Torts, Aaron D. Twerski

Aaron D. Twerski

The article takes issue with the approach taken by Third Restatement of Torts Proposed Final Draft that insists that no-duty or limited duty rules should be formulated only when a court can promulgate clear , categorical , bright-line rules that are applicable to a general class of cases. In this article I demonstrate that no-duty rules may often have to be formulated and tailored to the facts of a specific case. I respond to the critics who are concerned that no-duty rules that are fact specific allow the court to invade the province of juries whose task it is to …