Total run time:
20m
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.
Professor Richard Epstein explains that there are two ways to assess the damages caused by a defendant in a tort case. Both ways involve examining the causes of the tort but they start from opposite viewpoints. The modern approach first looks at all
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Professor Richard Epstein explains that there are two ways to assess the damages caused by a defendant in a tort case. Both ways involve examining the causes of the tort but they start from opposite viewpoints. The modern approach first looks at all remote proximate causes and then allocates damages to parties who are best able to pay, regardless of their level of involvement. The traditional approach starts with the premise that the party who is the immediate cause of the tort should be held to be primarily responsible.
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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#no86 #law #tortlaw #commonlaw
Total run time:
20m
Course:
Total videos:
8
Difficulty:
First Year
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