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Exploring the Domain of Accident Law

In this empirical critique of the tort system and its alternatives, authors Dewees, Duff, and Trebilock examine medical malpractice, product liability, and environmental tort law to determine how well the tort system meets its three major goals: compensation, deterrence, and corrective justice. Regulatory and compensatory alternatives are analyzed using the same criteria. The results of the analysis are mixed: for example, tort law does help to deter automobile accidents, but fails to compensate its victims. The authors conclude that although a general replacement of the tort system would not be prudent, certain areas of tort law would be more effective if replaced by alternatives means of compensation and enforcement.

Don Dewees, David Duff, and Michael Trebilcock, Professors of Law, University of Toronto (Oxford University Press, 1996)

 

 

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