Book Review: Legislative Loss Distribution in Negligence Actions

Abstract

This book seeks to explore the possibilities of devising a system for distributing, through litigation, the loss arising out of an accident among all those involved in it, in proportion to their fault. Then it concretely suggests a system calculated to do this, and sets forth in detail the legislation necessary to accomplish it. What it sought to do it has done in a thorough and scholarly manner. Mr. Gregory reviews the existing attempts to distribute loss in that way, ably criticizes each, then takes up the various problems which any such system raises and follows each one through to a conclusion. He has been very acute in perceiving these problems, in the fields both of substantive law and procedure, and in tracing out the possible solutions and their manifold implications. On the basis of the premises he has adopted and within the limitations of his undertaking he has done an admirable piece of work--one, moreover, which had to be done before an intelligent evaluation of his premises could be made, since he has clearly indicated the consequences which their adoption would entail for our legal structure.