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p. 967. Civil injuries and the law of tortslocked

  • G. Edward White

Abstract

‘Civil injuries and the law of torts’ explains that tort law's identity as a discrete field was initially associated with the rise and expansion of negligence as a standard of civil liability. Then, as dissatisfaction with some of the limiting effects of negligence surfaced, alternatives to tort law as a compensation mechanism were considered. Identifying which injuries qualify for relief under the tort system, developing and applying standards of civil liability, and evaluating the performance of the tort system against alternative compensation systems, including workers' compensation, have been recurrent and formidable tasks. History suggests that the problem of redressing civil injury has been, and will remain, a central challenge for America.

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