The Free Radicals of Tort

Supreme Court Economic Review, Vol. 11, pp. 189-218, 2004

UCLA School of Law, Law-Econ Research Paper No. 08-20

38 Pages Posted: 19 Dec 2008  

Mark F. Grady

University of California, Los Angeles (UCLA) - School of Law

Date Written: December 17, 2008

Abstract

Rational and irrational people are typically held to an identical tort standard when it is a question of their own liability. On the other hand, when it is a question of whether someone else has encouraged some dangerous behavior, as under the doctrines of duty and proximate cause, the encouragers will be liable only when the persons were part of a group whose members typically lack rationality. The courts' apparent purpose is to prevent accidents in every way possible even if it means diluting the incentives of irrational people in order to increase the incentives of responsible people to refrain from creating tempting opportunities for them.

Keywords: Tort law, doctrine of duty and proximate cause, the EFR doctrine

Suggested Citation

Grady, Mark F., The Free Radicals of Tort (December 17, 2008). UCLA School of Law, Law-Econ Research Paper No. 08-20; UCLA School of Law, Law-Econ Research Paper No. 08-20. Available at SSRN: https://ssrn.com/abstract=1317522

Mark F. Grady (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-206-1856 (Phone)

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