Document Type

Article

Comments

Statutory Standards and Negligence in Accident Cases, 11 La. L. Rev. 95 (1950)

Abstract

This is no new subject, yet most of the very able treatment it has received has been written so as greatly to emphasize the fault aspect and the admonitory function of tort law. In view of modern trends, I believe that the objective of compensating accident victims deserves greater emphasis, and that its detailed implications for the fabric of tort law deserve more careful analysis than they have received. though our system is replete with the language and logic of negligence as a species of fault, we may well be working towards what Professor Ehrenzweig has aptly called "Negligence without fault," which itself may be only a way station on the road to a full-fledged scheme for the compensation of accident victims. This article tries to examine the implications of both sets of objectives for the judicial treatment of statutory standards of conduct in accident cases.

Date of Authorship for this Version

1950

Keywords

Statutory Standards and Negligence in Accident Cases, 11 La. L. Rev. 95 (1950)

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