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Featured Publication



Alternative Rules for Determining Tort Liability

Coke's Institutes of the Law, No. 2, Series Editors: Amanda J. Owens & Charles K. Rowley


Contents:

Sir Edward Coke - Sir Edward Coke is most remembered for his forceful championship of the supremacy of the common law...

Preface - Over a century ago, Justice Holmes coined the aphorism - '[t]he life of the law has not been logic: it has been experience'...

Introduction - Over a century ago, Justice Holmes coined the aphorism - '[t]he life of the law has not been logic: it has been experience'...

Negligence - Over the centuries the common law courts developed doctrines to assist in the determination of civil liability when accidents occurred...

Strict Liability - The common law developed a separate doctrine to help plaintiffs to prove their cases for certain situations...

Contributory Negligence - The common law developed a doctrine to deal with cases when the plaintiff was partially responsible for the accident and subsequent injuries...

Last Clear Chance - The courts developed several theories to try to soften the impact of the contributory negligence rule...

Proximate Cause - The proximate cause doctrine was discussed in the Negligence section of this Commentary...

Comparative Negligence - Comparative negligence is a means by which the burden for an accident is shared between the plaintiff and defendant...

Conclusion - The legal system has always evolved with societal developments, but almost always at a slow, reactive pace...

Endnotes