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For strict liability (no fault)Instrumental argumentsmaximize social wealth Lowers transaction costs Deter useful activities More careful when doing activity Slippery slope Reduce the number of accidents at an acceptable social cost Insurance Cost spreading Non-instrumental argumentsInjured people should be compensated Fair to pay for accidents caused Fairness issues: D participated of the activity, knew of danger Punish someone who did nothing wrong GeneralWho should bear the cost Proportionality insurance Loss or Cost spreading Worker's Compensation (exclusive remedy available to worker, unless there are malicious and intentional acts or omissions |
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© 2000 Pedro J. Rodríguez Esquerdo These materials are intended solely as a study aid. The author is not responsible for any omission or error. You are welcome to use , print, modify and distribute without financial profit these materials to suit your personal educational needs. |