Torts Policy

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swimmer11
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Joined: Thu Jul 05, 2012 1:54 pm

Torts Policy

Postby swimmer11 » Fri Nov 09, 2012 2:12 pm

I have a guaranteed policy question on my torts exam, she is obsessed with negligence and the damages that arise from it so I am almost certain it will have to do with negligence. I need some advice on how to handle this, and ideally would like a policy outline, or flowchart, or checklist or something else. I have GTM and am planning on reading the Czars of the Universe chapter a few more times. What else can a brotha do?

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DocHawkeye
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Re: Torts Policy

Postby DocHawkeye » Wed Nov 14, 2012 7:11 pm

Maybe this isn't the kind of held that you're looking for, but a logical candidate for this type of question would be some sort of stirct liability vs. negligence analysis where there the potential for huge losses on either side. Consider product liability, for example. Section 402A of the Restatement (Second) of Torts sets out the elements for a strict product liability claim but the ALI hedged its bets by writing comment "k" which seems to obsolve perscription drum manufacturers from strict liability. Argue the policy for and against reading comment "k" broadly.

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homestyle28
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Re: Torts Policy

Postby homestyle28 » Wed Nov 14, 2012 7:14 pm

For policy parts of my torts exam last year my prof loved economic analysis, so Learned Hand, Coase Theorem, etc.

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DocHawkeye
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Re: Torts Policy

Postby DocHawkeye » Wed Nov 14, 2012 7:15 pm

homestyle28 wrote:For policy parts of my torts exam last year my prof loved economic analysis, so Learned Hand, Coase Theorem, etc.


b<pl. ick.




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