In Defense of Tort Law by Thomas Koenig,Michael Rustad

Late evening comedians and newshounds eagerly seized upon the case of an aged lady who sued McDonald’s whilst she spilled sizzling espresso in her lap as a primary instance of frivolous litigation. yet as Rustad and Koenig argue, instances equivalent to those are an incomplete and deceptive characterization of tort legislation. organizations have effectively waged a public family conflict to create the effect that the majority complaints are spurious, while in reality the other is right: tort legislation performs an important position in preserving shoppers from risky and occasionally life-threatening dangers. with no criminal treatments, enterprises might endure no penalty for selecting gains over public well-being and safely.

In security of Tort Law is the 1st e-book to systematically learn the social, criminal and coverage dimensions of the tort reform debate. This insightful research of sturdy empirical info seems to be past well known myths approximately frivolous proceedings, and tackles numerous contentious matters: may still punitive damages be capped? who's favourite through tort legislation? Who loses, and why?

Koenig and Rustad’s certain case learn research additionally finds anxious gender inequities in a felony process that's principally ruled by means of males. simply because girls are disproportionately injured via scientific items, impermissible HMO fee slicing, scientific malpractice and sexual exploitation, regulations at the rights to restoration in those fields necessarily creates gender injustice. enticing and recent, In security of Tort Law additionally identifies elements of the present legislation that require extra elaboration, together with the necessity for measures to strive against cybercrime opposed to consumers.