Negligence Without Fault Trends Toward and Enterprise Liability for Insurable Loss 1st Edition by Albert Ehrenzweig 9780520350151 0520350154

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Product details:

ISBN 10: 0520350154

ISBN 13: 9780520350151

Author: Albert A. Ehrenzweig

Negligence Without Fault: Trends Toward an Enterprise Liability for Insurable Loss offers a profound exploration of the evolving landscape of liability law, focusing on the emerging concept of “enterprise liability.” Through meticulous analysis, this work examines the legal and philosophical shifts from traditional fault-based negligence to a broader framework of liability that prioritizes compensation for victims of hazardous activities. The book traces this evolution through landmark cases, judicial opinions, and legislative trends, revealing how the complexities of modern mechanical enterprise and societal progress have demanded a redefinition of responsibility and accountability.

This study provides a comprehensive look at the intersection of negligence law, liability insurance, and societal interests. It delves into the legal mechanisms used to balance the rights of injured parties against the operational necessities of enterprises, emphasizing the role of liability insurance as both a protective tool and a means of equitable loss distribution. Through case studies, historical analysis, and an exploration of judicial reasoning, Negligence Without Fault offers a compelling argument for adopting enterprise liability as a logical next step in the evolution of tort law. This book is an essential resource for legal scholars, policymakers, and practitioners seeking to understand and navigate the shifting paradigms of liability in an increasingly complex and interconnected world.

This title is part of UC Press’s Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

Table of contents:

Chapter 1: Introduction

Part One: THE RULE INVOKED: “NEGLIGENCE” – THE GROWTH OF THE RULE
Chapter 2: Preindustrial period
Chapter 3: Harm unavoidably caused by lawful enterprise. The Rule rebels
Chapter 4: Respondeat superior and res ipsa loquitur. The Rule is conquered
Chapter 5: Transportation, utilities, and entertainers
Chapter 6: Immune entrepreneurs
Chapter 7: Products liability
Chapter 8: Other liabilities

THE CRISIS OF THE RULE
Chapter 9: “Negligence” restated
Chapter 10: Tort law
Chapter 11: Insurance

Part Two: THE TRUE RULE: “NEGLIGENCE WITHOUT FAULT” – THE NEW RATIONALE
Chapter 12: Introduction
Chapter 13: Strict liabilities
Chapter 14: Liability for “ultrahazardous” activities
Chapter 15: Hadley v. Baxendale
Chapter 16: Enterprise liabilities for “negligence without fault”

FAULT AND NON-FAULT LIABILITY FOR NEGLIGENCE DISTINGUISHED AND RECONCILED: SUMMARY AND OUTLOOK
Chapter 17: The scope of liability
Chapter 18: The plaintiff’s choice
Chapter 19: Employer and employee: Respondeat superior
Chapter 20: Owners and operators of automobiles
Chapter 21: Immune entrepreneurs
Chapter 22: Manufacturers and distributors
Chapter 23: Fault and non-fault negligence in the laws of torts and crimes

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Tags: Albert Ehrenzweig, Negligence, Without, Trends