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An Evaluation of the Fault Concept
James, Fleming
James, Fleming
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Abstract
The debate between those who would retain fault as the basis of liability for accidental harms and those who would substitute for it some sort of a compensation scheme for traffic accidents is one of long standing. Yet the problem is a basic one which many persons think remains unsolved. Moreover there has recently been a resurgence of at least academic interest in the problem and some of the most significant contributions to to its analysis - particularly economic analysis - are being made in our own decade. This has caused me to do a good deal of thinking about the matter and, I believe, justifies a review of it here even though the review itself will scarcely contribute anything new in the way analysis.