This seminar explores the moral, political, and economic foundations of tort law. Emphasis is given to theories of corrective justice and economic efficiency. Applying these theories, students examine such traditional tort concepts as causation, fault, strict liability, and assumption of risk.
The seminar also considers recent trends in tort law which alter or eliminate many of these concepts. These trends include collectivizing litigation in mass tort cases, permitting recovery without proof of causation, and compensating individuals for exposure to risk.
Throughout the seminar, special attention is given to the growing interrelationship between tort law and the law of the contract.