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).
Accordingly, we will consider three cases, all of which are of practical importance in some settings: when prospective injurers
cannot foresee the precise harm they will cause but only average harm; when they can perfectly and costlessly foresee the precise harm; and when they can do so but only if they incur a cost.
61) These efforts have taken the form of "apology laws," or "protective measures designed to encourage injurers
to apologize by expressly ensuring that at least some types of apologies cannot be used against them in litigation.
The PHMSA could certainly argue on firm ground that a market failure exists when injurers
"do not have assets sufficient to pay fully for the losses they cause"--that is, when potential damages exceed net worth.
More than 4 million man-hours have been achieved without loss time injurers
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.