To then engage in an exercise that compares the culpability of character traits possessed by two (or more) inadvertent injurers
of the sort demanded by comparative negligence adds a kind of complexity that would inevitably invite regular errors and opportunities for unchecked abuse by judges and jurors.
Conversely, it seems unfair for injurers
to face low liability for violating serious social norms, or for injurers
to face high liability for violating minor social norms.
Damage to third parties on the ground has a different characteristic, in that usually an ex ante contract cannot be reached between the potential injurers
That is, a relatively small number of potential injurers
(cheaper precaution-takers) are exposed to high frequencies per actor so that the application of the law concentrates upon a relatively limited number of economic actors.
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).
Our first case is where prospective injurers
can predict average harm but cannot foresee the actual harm that would be suffered by the particular victim who might be injured.
It loudly reassures would-be injurers
, or at least their legal advisors, not to mention the general public, that apologizing need not expose them legally.
In addition, remembering God's passion for restorative justice includes supporting just power dynamics between the injurers
The Institution urged the competent bodies to promptly open an independent investigation in the two tragic incidents and to hold accountable and to impeach the killers of the policeman and the civilian and the injurers
of the Asian national.
This is when you learn to look at perpetrators, offenders, and injurers
in a different way and not in a black-and-white manner in order to grow in empathy and compassion toward them and yourself," says Schmidt.
Calabresi's clarification begins with the premise that torts scholars who view the area as one of private law (for example, those who assert that torts is only about just compensation, or that it is only about redressing private wrongs) miss the public function of the field, a function that would remain there even if the private link between injurers
and victims were eliminated.
The two kinds of people who never let go are the injured and the injurers
, people who got slammed and the prom kings and queen bees who swanned at the top only in their teens.