Fairness and Uncertainty in Torts: A Theoretical and Empirical Inquiry
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Date
2024-05-20
Authors
Bregant, Jessica
Dillof, Anthony M.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Is torts ready for a revolution? Momentous changes in law are exceedingly rare. In torts, one such change was the advent of comparative fault. Originally codified in the early twentieth century, comparative fault represented a revolutionary shift away from all-or-nothing recovery. For the first time, a plaintiff’s recovery need not be either her full damages or zero—it might be somewhere in between. This Article presents a pair of large-scale public opinion surveys we conducted in 2022. These surveys polled over 1,300 persons and collected approximately 4,000 individual survey responses. The surveys illuminate people’s judgments about the relative fairness of Single Most Likely Scenario Recovery (SMSR) and Probabilistic-Proportional Recovery (PPR) and related topics.
Description
84 pages
Keywords
Tort law, Jurisprudence, Probabilistic-Proportional Recovery
Citation
102 Or. L. Rev. 405