Economic analysis of tort law : the negligence determination

By:

Pal, Malabika

Publication details: Routledge 2020 New YorkEdition: South AsiaDescription: vii,224pISBN:

9780367898243

Subject(s):

Negligence--Economic aspects -- Torts--Economic aspects -- Negligence--Cases -- United States -- Great Britain -- India

DDC classification:

346.03 PAL-E

Summary: This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions - Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts, in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law.

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This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions - Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts, in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law.

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