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Collateral Source and Tort's Soul

86 Pages Posted: 24 Sep 2008 Last revised: 22 May 2016

Jeremy Kidd

Mercer University - Walter F. George School of Law

Michael I. Krauss

George Mason University School of Law

Date Written: September 23, 2008

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.

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

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

Jeremy Kidd

Mercer University - Walter F. George School of Law ( email )

1021 Georgia Ave
Macon, GA 31207-0001
United States

Michael I. Krauss (Contact Author)

George Mason University School of Law ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8024 (Phone)
703-993-8124 (Fax)

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