In this article, I use data from the Consumer Expenditure Survey and a differences-indifferences (DD) research design to examine whether changes to tort law
affect consumer expenditures on auto insurance.
Ripstein seeks to explain tort law
from the legal point of view--that is, to take tort law
"at face value." (4) The way law presents itself is therefore central to his endeavor.
It may be possible to argue that such a separation is not only a reflection of legal pluralism but also creates harmony between religious family law, which addresses the status aspect, and tort law
, which addresses the damages.
(21) However, the leading legal scholar at the turn of the nineteenth and twentieth centuries, Sir Frederick Pollock, (22) was strongly committed to the idea that negligence provided the unifying principle in English tort law
, and so was predisposed against strict liability.
In tort law
, a person can be held liable for preventing a needy individual from getting more effective assistance.
(60) In Ohno, the court accurately distinguished the holding in Paul, which stated that the imposition of damages under Washington tort law
on Jehovah's Witness for conducting the religious practice of shunning is state action subject to constitutional scrutiny.
The circuits have not delved so deeply into the measure of damages in their opinions on the issue, but implicit in permitting plaintiffs to bring state tort law
claims is the idea that plaintiffs will recover compensatory damages for past harm.
Contrast that premise to current tort law
: "Ordinarily, the measure of damages in tort is designed to make the plaintiff 'whole'--that is, to put him in the same position he would have been in had his loss not occurred." (15) Also, when a contract creates the setting for a tort claim, economic relationships tend to be complex, "intertwined so intimately ...
If one goal in these agreements is to achieve an equitable outcome that tort law
would not provide and physician groups knowingly agree to these provisions, the physician must have adequate assets or limits of liability.
A widely held view of private law that has taken hold during the course of the twentieth century has influenced the Court's approach to tort law
. What follows in Part I is a brief overview of how that view came to be, as well as a sketch of a competing view.
This Article answers the question: If there was no corporation law of fiduciary duty of care and tort law
applied instead, what would the legal framework of a director's duty and standard of liability look like?