Exploring the Domain of Accident Law

Taking the Facts Seriously

Don DeWees, David Duff, Michael Trebilcock

464 pages, parution le 15/02/1996

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Résumé

In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system.

Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives.

Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.

L'auteur - Don DeWees

Don DeWees, Professor of Economics and Law, and Vice-Dean of the Faculty of Arts and Science, University of Toronto.

L'auteur - David Duff

David Duff is Professor of Law at the University of Toronto.

L'auteur - Michael Trebilcock

Michael Trebilcock is Director of the Law and Economics Program at the University of Toronto.

Caractéristiques techniques

	PAPIER
Éditeur(s)	Oxford University Press
Auteur(s)	Don DeWees, David Duff, Michael Trebilcock
Parution	15/02/1996
Nb. de pages	464
Format	15,5 x 23,5
Couverture	Relié
Poids	856g
Intérieur	Noir et Blanc
EAN13	9780195087970
ISBN13	978-0-19-508797-0