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- Title
TORT THEORY AND THE RESTATEMENTS: PRESENTATION OF CATHERINE SHARKEY.
- Authors
Sharkey, Catherine M.
- Abstract
This document explores the role of tort theory in the Restatement process, specifically focusing on intuitive economic and utilitarian theories. The author argues that the prevention of harm and liability insurance are key factors driving the development of tort doctrine and practice. To support this argument, the document discusses three cases, including Air & Liquid Systems Corporation v. DeVries, which demonstrates the application of a cheapest-cost-avoider framework in determining liability. Additionally, the document examines two cases from the California State Supreme Court, T.H. v. Novartis Pharmaceuticals Corporation and Southern California Gas, which highlight the use of law and economics in tort law and the challenges of applying the deterrence paradigm.
- Subjects
TORT theory
- Publication
Southwestern Law Review, 2024, Vol 52, Issue 3, p444
- ISSN
1944-3706
- Publication type
Article