ABSTRACT
This chapter provides an economic analysis of some of the most important rules of tort law. A tort is a cause of action, that is, it provides the grounds for a lawsuit for damages. Economic analysis can articulate the principles of efficiency underlying much of tort law, and suggest how the law might be amended when it deviates from those principles. The chapter examines the elements of negligence, its defenses and related doctrines as set forth by the courts and traditional legal scholarship. It considers two affirmative defenses to negligence: contributory negligence and assumption of risk. They are called affirmative defenses because the defendant has the burden of proof to establish them. The chapter also considers a useful analytical tool known as the Learned Hand rule. A claim of “medical malpractice” is actually a claim of negligence. Criticism of the tort system has led many states to adopt no fault automobile insurance.
