We need not reach the veracity of these allegations because the tort claims are premised entirely on the failure to live up to a contractual promise.
The Breslers made a tactical decision when they declined to object to the district court's decision to bifurcate their tort and contract claims and proceed to trial on the latter.
We also find some evidence of the influence of concentrated interest groups, that is, insurance industry professionals, on quicker tort reform adoption in some specifications, though it should be noted that seemingly contrary effects are found for lawyers (more lawyers are associated with quicker adoption in most specifications) and physicians (more physicians are associated with slower adoption in some specifications).
The "Tort Crises and Tort Reforms" section provides background on insurance crises and discusses related literature on tort reforms.
The first crisis happened in the mid-1970s, and several states enacted tort reforms during that period.
The doctrinal differences between criminal law and tort are relatively clear: the state, not the victim, initiates criminal proceedings; criminal sanctions include incarceration; criminal sanctions are measured against the defendant's culpability (as opposed to compensation measured against the victim's injuries); and so on.
(14) Tort law, in contrast, is seen as pricing harms rather than prohibiting them outright.
First, it replaces criminal negligence, a mens rea standard, with tort negligence, a conduct standard.
Current manifestations of waiver of tort purport to provide a meaningful remedy for the plaintiff in situations where tort losses are too difficult to prove.
The primary reason why waiver of tort is sometimes thought of as an independent cause of action is due to a misunderstanding of the difference between causes of action and remedies, and how they relate to various legal concepts.
Calabresi's risk-spreading theory of tort liability has had tremendous impact on the conceptualization of the role of tort liability.
In this article we provide only a partial assessment of the role of tort liability, focusing primarily on the insurance function.