Here is the synopsis of our sample research paper on Posner and the Economic Theory of Negligence. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 16 page paper looks at Posner’s economic theory of negligence and answers a range of question on three articles supplied by the student to consider how this may or may not be supported by the application of the law and the view of the law in different scenarios and how this fits in with the law. The bibliography cited 3 sources.
Page Count:
16 pages (~225 words per page)
File: TS14_TEposner.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
systems. The first aspect of subsidising industry may be interpreted in the way it is seen as unfair to hold a company to blame for accidents which it did not
cause by negligence. If we consider this aspect, then with, in the US 1.5% of the GDP being taken up medical litigation (NHS, 2003), the role and place of tort
claims and the burden that these can create in a blame culture are reflected in many areas of study. This example may be used by countries seeking to avoid a
litigation culture as a reason for limiting tort claims and constraining the approach to that of the orthodox view as a matter of public policy.
If we consider the moral aspect, Hart and Devlin both agree with the second characteristic of the orthodox view of negligence, as it being the moral approach,
even if they differ in the way that the moral comes about, whether it is enforced by the law or reflecting the values. However as Posner states, this is
not explored deeply under the this, but looking at these two authorise the role of law as a whole, including elements such as tort law have been seen in term
of moralistic tendencies. If we look a the way cases are settled, then the courts also show this approach with the basis of claiming being the costs incurred for
medical bills and lost work. Training purely economic loss for negligence is extremely hard and many cases, If we look at the arguments of Postner against this approach they
are also interesting. The idea that this is a subsidiary is argued against and that this is based on a fault system. However, without the benefit of the lack of
...