Economic Analysis of Tort Law: The Negligence Determination
ISBN: 9780429327858
Platform/Publisher: Taylor & Francis / CRC Press
Digital rights: Users: Unlimited; Printing: Unlimited; Download: Unlimited
Subjects: Area Studies; Law; Asian Studies; Contract Law & Tort; Tort;

This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions - Britain, India and the United States of America.

This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law.

This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.


Malabika Pal is Associate Professor of Economics at Miranda House, University of Delhi. She has worked as Associate Professor of Law and Legal Studies at the School of Law, Governance and Citizenship, Ambedkar University, New Delhi. Her research interests are in the fields of law and economics and international finance. She is a recipient of the National Scholarship and the Ford Foundation Scholarship.

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