Spain

Martín-Casals, Miquel; Solé-Feliu, Josep

doi:10.1017/9781780685243.013

Cited by 2 publications

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“…61 See Martin-Casals et al (2002). 62 For a law and economics analysis of the genesis of liability in ancient law, see Parisi (2001).…”

Section: 2a Diachronic Perspective: the Evolution Of Liability Rulesmentioning

confidence: 99%

On the Optimal Scope of Negligence

Dari‐Mattiacci

2004

SSRN Journal

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This article studies the optimal scope of negligence, considering which of the parties' precautionary measures should be included in the determination of negligence and which instead should be omitted. The analysis shows that the optimal scope of negligence balances the gains derived from improved accident prevention with the administrative costs of the system. This approach also provides insights concerning not only the notions of care and activity level and their respective boundaries, but also the choice between strict liability and negligence.Stat rosa pristina nomine, nomina nuda tenemus **

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“…61 See Martin-Casals et al (2002). 62 For a law and economics analysis of the genesis of liability in ancient law, see Parisi (2001).…”

Section: 2a Diachronic Perspective: the Evolution Of Liability Rulesmentioning

confidence: 99%

On the Optimal Scope of Negligence

Dari‐Mattiacci

2004

SSRN Journal

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“…33 As he perceptively puts it, the understanding of tort law by French case law and part of the legal literature resembles a Swiss army knife: tort law is considered to be useful for many purposes, but at the end of the day there is only one function -namely corrective justice -that it can properly fulfil. 34 Martín-Casals points out that Spanish courts have wide discretion in tort cases 35 and often use it in order to 'alleviate the plaintiff's need for social assistance'. 36 Such an effect may be detected in the US as well, especially in jury trials.…”

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confidence: 99%

“…34 Martín-Casals points out that Spanish courts have wide discretion in tort cases 35 and often use it in order to 'alleviate the plaintiff's need for social assistance'. 36 Such an effect may be detected in the US as well, especially in jury trials. 37 These concerns about overcompensation grow seemingly larger the more special rules are developed, deviating from the traditional approach to causation.…”

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confidence: 99%

Uncertain Causation in Tort Law

Martín-Casals¹,

Papayannis²

2015

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This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

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Spain

Cited by 2 publications

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On the Optimal Scope of Negligence

On the Optimal Scope of Negligence

Uncertain Causation in Tort Law

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