Economic Efficiency v. Corrective Justice Theories of Tort

Tort law works towards recognizing lawsuits filed by plaintiffs resulting from civil wrongs done to them. The mistakes lead to injury or harm that constitute grounds for a claim. The law primarily seeks to provide areprieve for damage caused to people while serving as a deterrent to others(Goldberg & Zipursky, 2013. PP.15). The reprieve is brought about through awarding of damages that are determined by use of two theories.

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Corrective justice is persuasive in this case as it does not provide an outlook of tort liability as a means to pass on costs to the defendant, but argues for holding people accountable for their actions. Additionally, people are held culpable of inflicting harm on others without delving into where precaution was taken, so long as harm was caused.

Goldberg, J. C., & Zipursky, B. C. (2013). Tort Law and Responsibility. Philosophical Foundations of the Law of Torts (2014, Forthcoming).11-23.

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