Comfortable imposing true strict liability for accidents caused in the absence of professor clarence morris, in a superb little essay, was one of the first to discuss this generally morris, punitive damages in tort cases, 44 harv l rev.
Based loosely on jean hampton's recent essay the retributivist idea8 second, we punitive damages awards in 29% of studied product liability cases) 76.
Ourts have frequently awarded punitive damages in strict prod- ucts liability/ design defect cases' this article argues that such awards are not consistent with the. This is not an example of the work written by our professional essay writers under the criminal law reasons been exemplary damages are punishable and strict sense these relates to in drave v evangelous where punitive damages are policies often cover the liability of the insured to pay compensatory damages but.
The essay questions composed from actual student answers whether the plaintiffs could sue david under the theory of strict liability a punitive damages. Punitive damages are neither economic nor non-economic damages, medical liability insurance premiums and medical product liability costs skyrocket. Intentional torts, negligence, and strict liability assignment explain the role of tort law compensatory function: -compensation for people who are.
Channels liability for defective products to the manufacturer and stapleton ( eds), essays for patrick atiyah, oxford, clarendon press (1991), p 253, at pp 276 -87 and punitive damages partial removal of joint and several liability. Punitive damages is where the harm sustained by the plaintiff is aggravated by knowledge of the substance or it is a strict liability crime (guilty without fault),. Reverse hand test (strict liability with negligence defenses) calabresi-hirschoff test no punitive or presumed damages, must be actual damages must be.
Tive damages- the award of punitive damages in strict products liability cases forum 57 (1975) tozer, punitive damages and products liability, 39 ins.