Collateral Source and Tort's Soul

Abstract:     
Tort reformers have had a modicum of success in their efforts to eliminate or restrict the Common law's Collateral Source Rule. Interestingly, this rule has been largely neglected by tort theorists. The authors present a coherent and complete theory of collateral source, and develop twenty-three original thought experiments to operationalize this theory. They argue that, though other areas may merit tort reform, the collateral source rule is not among them. Modification of the collateral source rule endangers "Tort's soul", that is, imperils the integrity of tort law.

Number of Pages in PDF File: 86

Keywords: Bradburn, common law, comparative law, compensation, double recovery, entitlement, Folland, Hussain, liability, lucky, Propeller Monticello, tortious harm, tortfeasor, unlucky, victim, windfall

JEL Classification: K13

working papers series