proportion to activity levels, then it is impossible for an injurer
other connection between them and the injurer
. (82) Thus, compensatory
Actually, the title "personal trainer" should be changed to "personal injurer
." Many trainers and other exercise instructors should be given stock in joint replacement surgeries because they send an endless supply of patients to orthopedic doctors everywhere.
Forgiveness does not, however, excuse or justify the actions of the injurer
. It may or may not include reconciliation because there may be concerns about trust and safety.
If one can go back in time and find an earlier choice that was itself culpable, and that in-fact and proximately caused accidental injury to another, then one can blame the injurer
for that prior choice, even if one cannot blame her for any inadvertence at the time the accident occurs.
Such catastrophes are treated separately because on the one hand they are obviously man-made, but on the other hand they share a similarity with natural catastrophes: The injurer
(the terrorist) typically can either not be found or is insolvent.
Liability is established prospectively for an entire "class" of cases, regardless of the level of precaution adopted by the injurer
. As Epstein (1988) observes, strict liability "reserve[s] to the courts a legal monopoly to fashion the relevant terms and conditions on which all products should be sold in all relevant markets."
Under the conventional application of this rule, the victim first collects the money and compensates the injurer
, and only then is the injurer
required to eliminate the nuisance (ex ante).
-Var of injurer
walking to ambulance with the help of UMKE (National Medical Rescue Team) teams
has used personal power to rob another, to establish a relationship in which the injurer
says, in effect, "I am up here and you are down there." However, from a moral perspective, it is the injured one who is "up" and the offender who is "down." When Ann as a young adult met her abuser on the street, for example, she was "up" and he was "down" in this sense.
Under Calabresi's approach, the implication is that liability may exist even if there is no injurer
. (42) But, according to Colombatto, that is the only difference between Calabresi and free-market advocates.
There are theorists who say that the current tort compensation system based on fault is outmoded and that smaller jurisdictions such as New Zealand have attempted a no-fault system based on needs of the injured (paid for by all of us, ie taxpayers), rather than fault of the injurer
, (invariably paid for by insurers but again all of us as policyholders or, again, taxpayers when public bodies are involved).