1. The Comparative Account of Tort Reparation.
- Author
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Chau, Peter
- Subjects
- *
TORT theory , *JURISPRUDENCE , *CRIMINAL reparations , *VICTIMS - Abstract
How can tort reparation be justified? Stephen Perry's comparative account relies on two ideas: (1) the loss arising from an injurious event should be distributed between the injurer and the victim rather than be borne by society at large; and (2) the distribution of loss between the injurer and the victim depends on a comparison of their "relative degree of fault." Many believe that a strength of the comparative account lies in its ability to explain apportionment in contributory negligence cases. I argue, to the contrary, that such cases pose a serious difficulty for the account. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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