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.
Authors
- Peter Chau (ORCID: https://orcid.org/0000-0002-0457-9123)
Institutions
- University of Hong Kong (HK)
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
- 0.00