A number of proposed theories of tort liability are "monolithic" in that they seek to explain tort liability by focusing on a single element or concern of the tort situation.
Four different monolithic theories of tort liability will be discussed in this work: personal moral culpability liability; strict or absolute liability; liability based on utility and, more specifically, economic liability; and liability based on reciprocity of risk between the parties. The narrow scope of each of these theories renders them susceptible to both internal and external criticism--they are, variously, internally inconsistent and incoherent and they lead to unacceptable results in tort decisions.
Liability based on a standard of reasonableness which permits and requires a consideration of a variety of individual and community interests in making a tort decision is to be preferred to any of these monolithic theories.
A theory of liability based on reasonableness is in accord with and serves to correctly explicate the majority of decisions in reported tort cases. Furthermore, a theory of liability based on reasonableness dispels the supposed antithesis between liability with fault and strict liability.
| Identifer | oai:union.ndltd.org:RICE/oai:scholarship.rice.edu:1911/15705 |
| Date | January 1982 |
| Creators | MCCLUNG, GUY LAMONT, III |
| Source Sets | Rice University |
| Language | English |
| Detected Language | English |
| Type | Thesis, Text |
| Format | application/pdf |
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