The theory and practice of enterprise liability are oddly disjoined. On the one hand, case rhetoric insists that considerations of fairness are among the primar
This paper explores two central questions in the tort law of accidents--the choice between negligence and strict liability, and the level of reasonable precauti
In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet vic
Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting th