This semester we taught Torts II and studied various theories of legal liability, such as vicarious liability, strict liability, products liability, rescue (the general no-duty rule and exceptions to the rule), the Federal Tort Claims Act (federal government liability), defamation, and invasion of privacy. We also studied several commercial torts, including fraud, misrepresentation, and the duty to disclose. It’s now that time of year again … exam time. To prepare for your exam, consider the following questions–what is the common thread (if any) unifying these various torts? In the alternative, why don’t we have a single, across-the-board theory of liability (like negligence) for all injury-causing behavior?
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