86 Pages Posted: 24 Sep 2008 Last revised: 22 May 2016
Date Written: September 23, 2008
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.
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
Suggested Citation: Suggested Citation
Kidd, Jeremy and Krauss, Michael I., Collateral Source and Tort's Soul (September 23, 2008). University of Louisville Law Review, Vol. 48, No. 1 (2009).; George Mason Law & Economics Research Paper No. 08-57. Available at SSRN: https://ssrn.com/abstract=1272678 or http://dx.doi.org/10.2139/ssrn.1272678