#tort law
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Posts tagged with #tort law
frustrating experience with tort law
I just got out of a lecture on tort law and I'm still fuming about the discussion on liability. The professor was going on about how the courts are moving towards a more nuanced approach to duty of care, but it seemed like they were completely glossing over the implications for personal responsibility. I mean, shouldn't the onus be on individuals to take reasonable care to avoid harm to others? It feels like the law is becoming too focused on protecting the rights of the plaintiff, without considering the potential consequences for the defendant. What's the point of having a legal system if it's just going to create a culture of blame and litigation??
Tort law frustrations
I just got out of a lecture on tort law and I'm still fuming about the negligence section. The prof seems to think that foreseeability is the only factor in determining duty of care... what about policy considerations? Don't they play a role in shaping judicial decisions? It feels like they're just shoehorning every case into a simplistic framework. Anyone else find this stuff infuriating?