Exploring the Domain of Accident Law: Taking the Facts Seriously

Hardcover | April 30, 1999

byDon DeWees, David Duff, Michael Trebilcock

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In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume aheightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system.Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--theauthors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory,penal, and compensatory alternatives.Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of TortLaw contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.

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From the Publisher

In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume aheightened prominence in American life. While so...

From the Jacket

Exploring the Domain of Accident Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents - automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries - the authors evaluate the degree to which...

Donald Dewees is Professor of Economics and Law, and Vice-Dean, Faculty of Arts and Science at the University of Toronto. His teaching and research are in the areas of environmental economics, environmental law, and law and economics generally. His research has investigated economic issues related to environmental pollution policies. ...
Format:HardcoverDimensions:464 pages, 9.57 × 6.5 × 1.38 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0195087976

ISBN - 13:9780195087970

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