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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Liability (Paperback)
Loot Price: R688
Discovery Miles 6 880
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Liability (Paperback)
Expected to ship within 10 - 15 working days
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American consumers pay a hidden tax on all goods and services they
purchase. According to attorney Huber, this tax is the result of a
major change in the law of liability during the last generation.
Huber, former clerk to Supreme Court Justice Sandra Day O'Connor,
maintains that restructuring liability law has actually made people
less safe by discouraging the introduction of new products and,
thus, inhibiting innovation. The premise of this book is that
liability - the question of who is responsible for what and to what
extent - has evolved from contract to tort. Under the theory of
contract, liability was based on agreed-upon terms and conditions.
This limited liability to what the contracting parties intended.
Under tort law, the theory of a civil wrong, there is greater
liability. Here, the manufacturer of a product or a provider of a
service is responsible for all "reasonably foreseeable"
consequences of his or her actions. What is "reasonably
foreseeable" has been greatly expanded by the courts to provide for
an ever-widening web of liability and an escalating spiral of
damage awards. Today, it is not sufficient to include warnings and
instructions on a product. Manufacturers have been held to be
negligent for failing to foresee that instructions and warnings
might not be followed. Drug manufacturers may be hesistant to
market new vaccines that might save thousands of lives for fear of
liability for a statistically insignificant number of adverse
reactions. Huber's is a polemical treatise with little balance. His
arguments place him within the "law and economics" school, a
conservative doctrine that argues that one purpose of law is to
ensure economic efficiency and maximum output at minimum cost. But
Huber has little to say about the victim, only about the companies
that must pay higher insurance premiums or perfect their products
before marketing them. His is a strong defense of a particular
position that addresses only one side of an important legal and
economic issue. (Kirkus Reviews)
This controversial book describes the transformation of modern tort
law since the 1960s, and shows how the dramatic increase in
liability lawsuits has had an adverse effect on the safety, health,
the cost of insurance, and individual rights.
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