will engage in risky activities to an excessive extent because
affecting potential injurers
' levels of precaution without
To then engage in an exercise that compares the culpability of character traits possessed by two (or more) inadvertent injurers
of the sort demanded by comparative negligence adds a kind of complexity that would inevitably invite regular errors and opportunities for unchecked abuse by judges and jurors.
Such catastrophes are treated separately because on the one hand they are obviously man-made, but on the other hand they share a similarity with natural catastrophes: The injurer
(the terrorist) typically can either not be found or is insolvent.
Under the conventional application of this rule, the victim first collects the money and compensates the injurer
, and only then is the injurer
required to eliminate the nuisance (ex ante).
That is, a relatively small number of potential injurers
(cheaper precaution-takers) are exposed to high frequencies per actor so that the application of the law concentrates upon a relatively limited number of economic actors.
Our first case is where prospective injurers
can predict average harm but cannot foresee the actual harm that would be suffered by the particular victim who might be injured.
It loudly reassures would-be injurers
, or at least their legal advisors, not to mention the general public, that apologizing need not expose them legally." (96)
The divine grace and human practice of offering restorative justice for both the injured and the injurers
is an antidote to the fear and mistrust that pervade relationships and communities seared by moral injury, including sexual sins.
The Institution urged the competent bodies to promptly open an independent investigation in the two tragic incidents and to hold accountable and to impeach the killers of the policeman and the civilian and the injurers
of the Asian national.
The third phase is simply called "the work." "This is when you learn to look at perpetrators, offenders, and injurers
in a different way and not in a black-and-white manner in order to grow in empathy and compassion toward them and yourself," says Schmidt.
Calabresi's clarification begins with the premise that torts scholars who view the area as one of private law (for example, those who assert that torts is only about just compensation, or that it is only about redressing private wrongs) miss the public function of the field, a function that would remain there even if the private link between injurers
and victims were eliminated.
The two kinds of people who never let go are the injured and the injurers
, people who got slammed and the prom kings and queen bees who swanned at the top only in their teens.
often do the wrong thing, which, in retrospect, turns out to be the right thing.
("[V]ictims are often in the best position to know when and how much they have been injured as well as the identity of injurers