‘Causation and Care in Tort Law’

“Causation is a topic that has generated a lot of interest from torts theorists. Law and economics has been a bit late to the party, but at least they have brought some interesting findings with them. The innovation offered by law and economics is a set of predictions about the incentive effects of causation rules. This distinguishes law and economics from traditional moral reasoning because the law and economics approach makes statements about the actual effects of causation rules on tortious conduct. To law and economics scholars, it is only after clear predictions can be made about incentive effects that we can start to make moral assessments of the law …” (more)

[Keith Hylton, New Private Law, 27 July]

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