Common Law and Torts

Common Law and Torts

How does the law of tort stabilize the common law system? Professor Richard Epstein of NYU School of Law explores how torts set and enforce boundaries between parties. The law of public nuisance deals with private access to public areas, and the law of trespass with disputes between private parties. The system is designed to prevent any individual to alter boundaries in Property or Contracts unfairly to their own advantage. Watch to learn more.

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3 of 8: Deliberate Harm in Tort Law [No. 86]

Professor Richard Epstein argues that cases that involve deliberate harm need to be assessed according to traditional pleading rules that rely on the concept of defeasibility. This concept allows for consideration of the assumption of risk by the inj ... Professor Richard Epstein argues that cases that involve deliberate harm need to be assessed according to traditional pleading rules that rely on the concept of defeasibility. This concept allows for consideration of the assumption of risk by the injured party in addition to the bare facts of intentional harm.

Professor Richard Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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