Assessing the Defensive Practices Concern in Tort Law: Bridging the Gap between Empirical Analysis and Doctrinal Reasoning

38 Pages Posted: 7 Jul 2013

See all articles by Gijs van Dijck

Gijs van Dijck

Maastricht University - Faculty of Law

Date Written: June 27, 2013

Abstract

This article evaluates the concern that tort liability causes individuals or organizations to change their behavior, actions, or views. After comparing how the defensive practices concern is used in case law and empirical studies, it is found that U.K. and Dutch case law currently suffer from an imprecise use of the defensive practices concern, and that the relationship between liability and practices is much more nuanced than case law suggests. It is concluded that the rather careless application of the defensive practices concern can, and presumably does, impact case outcomes.

Keywords: tort, liability, empirical, defensive practices, comparative law

JEL Classification: K13

Suggested Citation

van Dijck, Gijs, Assessing the Defensive Practices Concern in Tort Law: Bridging the Gap between Empirical Analysis and Doctrinal Reasoning (June 27, 2013). Tilburg Law School Research Paper No. 012/2013, Available at SSRN: https://ssrn.com/abstract=2286141 or http://dx.doi.org/10.2139/ssrn.2286141

Gijs Van Dijck (Contact Author)

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

HOME PAGE: http://https://www.maastrichtuniversity.nl/gijs.vandijck

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