Jump to ContentJump to Main Navigation
Getting Incentives RightImproving Torts, Contracts, and Restitution$
Users without a subscription are not able to see the full content.

Robert D. Cooter and Ariel Porat

Print publication date: 2014

Print ISBN-13: 9780691151595

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691151595.001.0001

Show Summary Details
Page of

PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in HSO for personal use (for details see www.princeton.universitypressscholarship.com/page/privacy-policy).date: 18 September 2018

Negligence Per Se and Unaccounted Risks

Negligence Per Se and Unaccounted Risks

Chapter:
(p.47) 3 Negligence Per Se and Unaccounted Risks
Source:
Getting Incentives Right
Author(s):

Robert D. Cooter

Ariel Porat

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691151595.003.0004

This chapter considers cases of “negligence per se” and the problem of unaccounted risks. In general, breaching the statute constitutes “negligence per se.” When the injurer's breach of the statute harms people, courts systematically compensate the victims explicitly targeted by the legislation and not other victims, creating a misalignment. The chapter first examines the doctrine of negligence per se before discussing the problem of unaccounted risks. It then describes an approach that it argues is wrong in common law negligence: the tendency of courts to treat foreground risks created by the injurer as wrongful and impose liability accordingly, while ignoring background risks. It also explores a condition for establishing liability, known as the “causal link,” and asks why courts account for the foreground risks while disregarding the background risks.

Keywords:   negligence per se, unaccounted risks, liability, harm, misalignment, common law negligence, foreground risk, background risk, causal link

Princeton Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.