The Normative Source of Modern Tort Law
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Day Fines in American Courts
If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of Justice Office of Justice Programs NalionallnSlilute ofJustice Day Fines in American Courts: The Staten Island and Milwaukee Experiments sa p c About the National Institute of Justice The National Institute of Justice is the research and development agency of the U.S. Department of Justice, est'~blished to prevent and redu-::e crime and to improve the criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Anti-Drug Abuse Act of 1988 direct the National Institute of Justice to: III Sponsor special projects and research·and development prugrums that will improve and strengthen lhe criminal justice system and reduce or prevent crime. III Conduct national demonstration projects that employ innovatiYe or promising approaches for improving criminal justice. III Del'e/op new technologies to fight crime and improve criminal justice. III Evaluate the effectiveness oj criminal justice programs ana identify programs that promise' to be successful if continued or repeated. .. Recommend actions that can be taken by Federal, State, and local governments as well as private organizations to improve criminal justice. III Carry out research on criminal behavior. II Develop new methods oj crime prevention and reduction of crime and delinquency. The National Institute of Justice has a long history of accomplishments, including the following: .. Basic research on career criminals that led to development of special police and prosecutor units to deal with repeat offenders. III Research that confirmed the link between drugs and crime. -
Unity in Tort, Contract, and Property: the Model of Precaution
California Law Review VOL. 73 JANUARY 1985 No. 1 Copyright © 1985 by California Law Review, Inc. Unity in Tort, Contract, and Property: The Model of Precaution Robert Cootert Much of the common law is concerned with allocating the costs of harm, such as the harm caused by accidents, nuisances, breaches of con- tract, or governmental takings of private property. There are at least two distinct goals for adopting allocative cost rules: the equity goal of com- pensating victims and the efficiency goal of minimizing costs to society as a whole.' These goals in turn can be formulated as two principles: the compensation principle and the marginal principle. The compensation principle states that victims should be compensated for harm caused by others. The marginal principle states that social costs should be mini- mized by equating the incremental benefit of each precautionary activity to its incremental cost. Is the common law primarily concerned with the justice of compen- sation or the efficiency of cost minimization? Presented this way, the two principles appear to be rival theories of law.' This Article, however, poses a different question: How does the common law combine the goal of compensation with the goal of minimizing social costs? The two prin- ciples now appear as complementary, rather than rival, explanations. As a result, this Article assumes that there are circumstances in which com- pensation is required for reasons of justice and examines mechanisms t Professor of Law, Boalt Hall School of Law, University of California, Berkeley. B.A. 1967, Swarthmore College; B.A. 1969, Oxford University; Ph.D. -
Contractual Confusion—Assuming the Liability of Others
Contractual Confusion—Assuming the Liability of Others July 2009 by Craig F. Stanovich It is not surprising, then, if we become easily confused and "misremember" how contractual liability insurance works. For many, the subtleties of this rather arcane topic simply cannot be gleaned from the superficial and infrequent contacts we have with it; for others, it may not rank high on the excitement meter. Either way, what follows is intended to assist in understanding contractual liability insurance by thrashing out some concepts and offering some observations you may find helpful. Basis of Liability Liability can be imposed by law or by contract. You can also assume the liability of another. These are discussed below. Liability Imposed by Law The law can impose liability on us for our own actions . If we are negligent, we are personally liable for the damages that result. We can also be held liable for the actions of others . For example, if our employee is negligent while acting in the scope of employment, not only is the employee personally liable, we are also liable solely because we are the employer. Our liability is based entirely on our relationship with our employee. Assigning liability to an otherwise blameless party (the employer did nothing wrong) for the acts of another (our employee was negligent) is called "vicarious" liability and is also liability imposed by law. Although these concepts are generally well understood, both are worth repeating—to establish a baseline of comprehension and also to use as a point of comparison to help gain insight into contractual liability. -
Protecting Those Who Blow the Whistle on Government Wrongdoing
Statement of Glenn A. Fine Principal Deputy Inspector General, Performing the Duties of the Inspector General, Department of Defense for a Hearing on Protecting Those Who Blow the Whistle on Government Wrongdoing Before the Subcommittee on Government Operations Committee on Oversight and Reform U.S. House of Representatives January 28, 2020 Chairman Connolly, Ranking Member Meadows, and members of the subcommittee, thank you for inviting me to appear before you today for this hearing on the contributions of federal whistleblowers and the need to protect them from reprisal. I. INTRODUCTION My testimony will focus on the important work of the Department of Defense Office of Inspector General (DoD OIG) relating to whistleblowers. I am the DoD Principal Deputy Inspector General, Performing the Duties of the Inspector General, and have been serving as the head of the DoD OIG for over 4 years. Prior to this position, in addition to working as an attorney in private practice, I was the Inspector General of the Department of Justice for 11 years, from 2000 to 2011. In my testimony today, I will discuss the significant contributions of whistleblowers, why the protection of whistleblowers is so important, how the DoD OIG evaluates and investigates whistleblower disclosures and complaints of reprisal, and several best practices we have implemented at the DoD OIG to improve our timeliness and efficiency in whistleblower investigations. Specifically, my testimony discusses: • the mission and responsibilities of the DoD OIG, • the importance of whistleblowers and the need to protect them from reprisal, • examples of cases resulting from whistleblower disclosures, • the DoD OIG’s investigative processes, • best practices that the DoD OIG has implemented to improve the timeliness and efficiency of reprisal investigations, 1 • the need for DoD management to take timely corrective action on substantiated whistleblower reprisal investigations, and • the need for adequate resources to handle these important responsibilities. -
Vicarious Liability Vs Principal's Liability
Vicarious liability vs Principal’s liability When undertaking any construction project Principal Unless the risk profile of the project dictates otherwise, clients need to carefully assess whether their potential most of the time the contractor would arrange public liabilities arising out of the project are adequately covered liability insurance for small to medium sized projects to by insurance. This paper discusses the insurance options cover the insured parties’ legal liability to third parties, available to principals, potential uninsured exposures arising out of the performance of the contract works. certain insurance options can leave and the steps principals Contractors would typically already have an annual general may need to take to fill these exposure gaps. liability policy which can be relied upon. For major projects, it is likely that the suite of insurance Unless the risk profile of the project dictates otherwise, covers will be arranged either under an owner/principal most small to medium projects allow the contractor to controlled insurance programme or a contractor arrange public liability insurance. This typically means controlled insurance programme. However, for small to that the contractor will rely on their annual public liability medium projects, insurance responsibilities are often policy and the principal can be included as an “additional shared between the parties and cover is placed by those insured” (for their vicarious liability only) arising out of considered best suited to arrange and manage the relevant the performance of the contract works by the contractor. covers. In the situation where a contractor arranges public Despite having liability insurance, principals will need to assess the level of this cover in place, coverage available, and to consider what exposures may there are a number There are a number of other still exist that are not contractually required to be covered of other liabilities liabilities a principal could face by the contractor’s policy. -
Interim Report IR-05-079 Evolution of Indirect Reciprocity
International Institute for Tel: +43 2236 807 342 Applied Systems Analysis Fax: +43 2236 71313 Schlossplatz 1 E-mail: [email protected] A-2361 Laxenburg, Austria Web: www.iiasa.ac.at Interim Report IR-05-079 Evolution of Indirect Reciprocity Martin A. Nowak ([email protected]) Karl Sigmund ([email protected]) Approved by Ulf Dieckmann Program Leader, ADN December 2005 Interim Reports on work of the International Institute for Applied Systems Analysis receive only limited review. Views or opinions expressed herein do not necessarily represent those of the Institute, its National Member Organizations, or other organizations supporting the work. IIASA STUDIES IN ADAPTIVE DYNAMICS NO. 111 The Adaptive Dynamics Network at IIASA fosters the develop- ment of new mathematical and conceptual techniques for under- standing the evolution of complex adaptive systems. Focusing on these long-term implications of adaptive processes in systems of limited growth, the Adaptive Dynamics Network brings together scientists and institutions from around the world with IIASA acting as the central node. Scientific progress within the network is collected in the IIASA ADN Studies in Adaptive Dynamics series. No. 1 Metz JAJ, Geritz SAH, Meszéna G, Jacobs FJA, van No. 11 Geritz SAH, Metz JAJ, Kisdi É, Meszéna G: The Dy- Heerwaarden JS: Adaptive Dynamics: A Geometrical Study namics of Adaptation and Evolutionary Branching. IIASA of the Consequences of Nearly Faithful Reproduction. IIASA Working Paper WP-96-077 (1996). Physical Review Letters Working Paper WP-95-099 (1995). van Strien SJ, Verduyn 78:2024-2027 (1997). Lunel SM (eds): Stochastic and Spatial Structures of Dynami- cal Systems, Proceedings of the Royal Dutch Academy of Sci- No. -
Elements of Negligence Under the Tort of Negligence, There Are Four Elements a Plaintiff Must Establish to Succeed in Holding a Defendant Liable
Elements of Negligence Under the tort of negligence, there are four elements a plaintiff must establish to succeed in holding a defendant liable. The Court of Appeals of Georgia outlined the elements for a prima facie case of negligence in Johnson v. American National Red Cross as follows: “(1) a legal duty to conform to a standard of conduct; (2) a breach of this duty; (3) a causal connection between the conduct and the resulting injury; and (4) damage to the plaintiff.” Johnson, 569 S.E.2d 242, 247 (Ga. App. 2002). Under the first element, a legal duty to a standard of due care, the plaintiff must prove the defendant had a duty to conform to a standard of conduct for protection of the plaintiff against an unreasonable risk of injury. The duty of care will be determined by the applicable standard of care and several factors can heighten the standard of care depending upon the relationship between the parties, whether the plaintiff was foreseeable, the profession of the defendant, etc. For example, the Red Cross has a duty, when supplying blood donations to hospitals, to make its best efforts to ensure blood supplied is not tainted with any transferable viruses or diseases, such as an undetectable rare strain of HIV. A breach of the duty of care occurs when the defendant’s actions do not meet the required level of applicable standard of care due to the plaintiff. Whether a breach of the duty of the applicable standard of care occurs is a question for the trier of fact. -
The Standard of Care in Malpractice Cases Irvin Sherman
Osgoode Hall Law Journal Article 4 Volume 4, Number 2 (September 1966) The tS andard of Care in Malpractice Cases Irvin Sherman Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Sherman, Irvin. "The tS andard of Care in Malpractice Cases." Osgoode Hall Law Journal 4.2 (1966) : 222-242. http://digitalcommons.osgoode.yorku.ca/ohlj/vol4/iss2/4 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. THE STANDARD OF CARE IN MALPRACTICE CASES IRVIN SHERMAN Medical malpractice has been a controversial issue both in the press and in medical and legal circles in recent years. As a result, the public in general and the medical profession in particular have become increasingly aware of the professional conduct of doctors. In Califor- nia, "malpractice actions have become so prevalent that on the average one out of every four doctors is sued at some time for malpractice".1 The situation is not quite as serious in Canada. In 1965, the Canadian Medical Protective Association which represents 78% (15,500 out of 22,000) of Canadian doctors handled just 27 cases in- volving malpractice.2 It has been stated that, "the practising physician or surgeon is an easy target for the blackmailer. The disgruntled or unscrupulous patient can inevitably destroy the reputation of the most eminent physician or surgeon by an ill-founded action for malpractice." 3 The adverse publicity atributable to a medical negligence case, regardless how unfounded the action may be, can only have a detrimental effect upon the doctor's career, thus weakening the vital role he can play in contributing to the needs of society. -
Libel As Malpractice: News Media Ethics and the Standard of Care
Fordham Law Review Volume 53 Issue 3 Article 3 1984 Libel as Malpractice: News Media Ethics and the Standard of Care Todd F. Simon Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Todd F. Simon, Libel as Malpractice: News Media Ethics and the Standard of Care, 53 Fordham L. Rev. 449 (1984). Available at: https://ir.lawnet.fordham.edu/flr/vol53/iss3/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. LIBEL AS MALPRACTICE: NEWS MEDIA ETHICS AND THE STANDARD OF CARE TODD F. SIMON* INTRODUCTION D OCTORS, lawyers, and journalists share a strong common bond: They live in fear of being haled into court where the trier of fact will pass judgment on how they have performed their duties. When the doc- tor or lawyer is sued by a patient or client, it is a malpractice case.I The standard by which liability is determined is whether the doctor or lawyer acted with the knowledge, skill and care ordinarily possessed and em- ployed by members of the profession in good standing.' Accordingly, if * Assistant Professor and Director, Journalism/Law Institute, Michigan State Uni- versity School of Journalism; Member, Nebraska Bar. 1. W. Keeton, D. Dobbs, R. Keeton & D. Owen, Prosser and Keeton on Torts, § 32, at 185-86 (5th ed. -
Municipal Tort Liability -- "Quasi Judicial" Acts
University of Miami Law Review Volume 14 Number 4 Article 8 7-1-1960 Municipal Tort Liability -- "Quasi Judicial" Acts Edwin C. Ratiner Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Edwin C. Ratiner, Municipal Tort Liability -- "Quasi Judicial" Acts, 14 U. Miami L. Rev. 634 (1960) Available at: https://repository.law.miami.edu/umlr/vol14/iss4/8 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. MUNICIPAL TORT LIABILITY-"QUASI JUDICIAL" ACTS Plaintiff, in an action against a municipality for false imprisonment, alleged that lie was arrested by a municipal police officer pursuant to a warrant known to be void by the arresting officer and the municipal court clerk who acted falsely in issuing the warrant. Held: because the acts alleged were "quasi judicial" in nature, the municipality was not liable under the doctrine of respondeat superior. Middleton Y. City of Fort Walton Beach, 113 So.2d 431 (Fla. App. 1959). The courts uniformly agree that the tortious conduct of a public officer committed in the exercise of a "judicial" or "quasi judicial"' function shall not render either the officer or his municipal employer liable.2 The judiciary of superior and inferior courts are generally accorded immunity from civil liability arising from judicial acts and duties performed within the scope of the court's jurisdiction. -
The United States Supreme Court Adopts a Reasonable Juvenile Standard in J.D.B. V. North Carolina
THE UNITED STATES SUPREME COURT ADOPTS A REASONABLE JUVENILE STANDARD IN J.D.B. V NORTH CAROLINA FOR PURPOSES OF THE MIRANDA CUSTODY ANALYSIS: CAN A MORE REASONED JUSTICE SYSTEM FOR JUVENILES BE FAR BEHIND? Marsha L. Levick and Elizabeth-Ann Tierney∗ I. Introduction II. The Reasonable Person Standard a. Background b. The Reasonable Person Standard and Children: Kids Are Different III. Roper v. Simmons and Graham v. Florida: Embedding Developmental Research Into the Court’s Constitutional Analysis IV. From Miranda v. Arizona to J.D.B. v. North Carolina V. J.D.B. v. North Carolina: The Facts and The Analysis VI. Reasonableness Applied: Justifications, Defenses, and Excuses a. Duress Defenses b. Justified Use of Force c. Provocation d. Negligent Homicide e. Felony Murder VII. Conclusion I. Introduction The “reasonable person” in American law is as familiar to us as an old shoe. We slip it on without thinking; we know its shape, style, color, and size without looking. Beginning with our first-year law school classes in torts and criminal law, we understand that the reasonable person provides a measure of liability and responsibility in our legal system.1 She informs our * ∗Marsha L. Levick is the Deputy Director and Chief Counsel for Juvenile Law Center, a national public interest law firm for children, based in Philadelphia, Pa., which Ms. Levick co-founded in 1975. Ms. Levick is a graduate of the University of Pennsylvania and Temple University School of Law. Elizabeth-Ann “LT” Tierney is the 2011 Sol and Helen Zubrow Fellow in Children's Law at the Juvenile Law Center. -
Vicarious Liability Critique and Reform
Vicarious Liability Critique and Reform Anthony Gray HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 Copyright © Anthony Gray , 2018 Anthony Gray has asserted his right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Author of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/ open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication data Names: Gray, Anthony (Law teacher) Title: Vicarious liability : critique and reform / Anthony Gray.