Gregory Keating, ‘Redressing the Harm of Death’

Sean Hannon Williams, Lost Life and Life Projects, 87 Indiana L.J. 1745 (2012). Sean Hannon Williams’ Lost Life and Life Projects tackles ‘wrongful death damages from the perspective of individual justice accounts of tort law’. Wrongful death damages — or, more accurately, their inadequacy — have long troubled tort scholars. Lately, as Williams shows, their shortcomings have been a particular sore point for economically oriented tort scholars. The early common law of torts did not recognize any damages at all for wrongful death. Tort actions were personal and they died with the victim. Legislatures soon responded to this gap by passing two different kinds of statutes …” (more)

[JOTWELL, 27 September]

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