PHIL 316 Chapter Notes - Chapter Posner: Wrongful Death Claim
8 Jul 2016
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Posner; utility in tort law (until page 48) Is this really based on a utilitarian theory of punishment: what criticisms might fletcher raise against posner"s theory, posner raises the difficult question of damages in wrongful death cases. The failure to exercise the care of an ordinarily prudent and careful man. Negligence has been the dominant standard of civil liability for accidents for the last 150 years or so. We lack a theory to explain the social function of the negligence concept and of the fault system of accident liability that is built upon it. Until the nineteenth century a man was liable for harm caused by his accidents whether or not he was at fault; he acted at his peril. Readings page 1 was at fault; he acted at his peril. The no-fault standard of liability was relaxed in the 19th century under the pressure of industrial expansion and an individualistic philosophy.
