‘Why Reparation?’

Sandy Steel, Compensation and Continuity, Oxford Legal Studies Research Paper (July 20, 2019), available at SSRN. ‘Wrongdoers may incur duties to compensate the victims of their wrongs.’ This, the opening sentence of Sandy Steel’s Compensation and Continuity, sounds like a truism. Who would deny it? It’s hard to imagine the defendant in a normal tort lawsuit conceding liability but insisting that her concession in no way implied responsibility for repairing that wrongfully inflicted harm. In tort law, the obligation to repair harm tortiously inflicted seems to tumble out of the breach of the primary duty to avoid tortiously wronging someone. Moreover, the continuity here seems both reasonable and rooted in basic morality … (more)

[Gregory Keating, JOTWELL, 5 September]

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