But the Calabresi version of the Coase theorem, like all of Some Thoughts on Risk Distribution and the Law of Torts
, promoted government intervention.
The juxtaposition between function and doctrine in which the court was to cooperate formed the basis of Fleming's claim that he was writing a 'modern text on the Law of Torts
with reference to the Australian context'.
hypothesis "that the common law of torts
is best explained as if
hypothesis that the rules of the Anglo-American common law of torts
The remainder of this Part analyzes the rules that establish the centrality of custom in the law of torts
. We address both the substantive doctrines of liability and the evidence rules employed by courts.
To Tom, the law of torts
was to vindicate, not veto, legitimate expectations.
See, e.g., HARPER ET AL., 3 THE LAW OF TORTS
[subsections] 16.2, 16.8 (2d ed.
The law of torts
identifies those circumstances in which a person is liable for injury inflicted, measuring liability by the extent of the harm; the law of restitution identifies those circumstances in which a person is liable for benefits received, measuring liability by the extent of the benefit.
Instead of looking primarily to the common law of torts
My central contention will be that the law of torts
protects each person's means against other persons, so that each person is secure in the means that he or she has.
Dean William Prosser's great Hornbook on the Law of Torts
, (1941) had crystallized tort law with a responsible, forward-looking approach.
McGarity, Beyond Buckman: Wrongful Manipulation of the Regulatory Process in the Law of Torts
, 41 WASHBURN L.J.