The Comparative Account of Tort Reparation

Abstract How can tort reparation be justified? Stephen Perry's comparative account relies on two ideas: (1) the loss arising from an injurious event should be distributed between the injurer and the victim rather than be borne by society at large; and (2) the distribution of loss between the injurer and the victim depends on a comparison of their “relative degree of fault.” Many believe that a strength of the comparative account lies in its ability to explain apportionment in contributory negligence cases. I argue, to the contrary, that such cases pose a serious difficulty for the account.

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Publication Details

Journal
Ratio Juris
Published
2024-08-05
DOI
https://doi.org/10.1111/raju.12415
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
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article

The Comparative Account of Tort Reparation

Peter Chau
Ratio Juris
Legal principles and applications
article

The Comparative Account of Tort Reparation

Peter Chau
article en

Abstract

Abstract How can tort reparation be justified? Stephen Perry's comparative account relies on two ideas: (1) the loss arising from an injurious event should be distributed between the injurer and the victim rather than be borne by society at large; and (2) the distribution of loss between the injurer and the victim depends on a comparison of their “relative degree of fault.” Many believe that a strength of the comparative account lies in its ability to explain apportionment in contributory negligence cases. I argue, to the contrary, that such cases pose a serious difficulty for the account.

Ratio JurisVol. 37(3)
University of Hong Kong (HK)
Peace, Justice and strong institutions
Openalex Percentile: Top 78%
Legal principles and applications
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