PHIL 345 Lecture Notes - Lecture 2: Learned Hand
13 Jul 2017
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Di erence between criminal law and tort law for dummies: parties. C: sentences, etc, all go to state directly. T: reparations (cost of damage, shift of money) Reasonability individual, reciprocal risk. boxer vs boxer as opposed to. Boxer v. fan risk is reciprocal vs. risk is not reciprocated, and tips heavily to one side. net social costs. Cba most e cient as possible, gonna create the most good. (learned hand formula) but this loses lots of fairness because individuals are sacri ced negligence is not necessary for liability. On victim"s recovery: not required to have victim recover; depends on activity of victim at the time. On victim"s recovery: if the fan/victim walked into the boxing rink and brought nonreciprocal risk upon self versus was unfairly exposed to risk victims can be sacri ced to socially bene cial activities without compensation.
