Public Tort Liability: An Alternative to Tort Liability and No-fault Compensation
AbstractIn the first part of the article, the author describes two tort regimes: the no-fault compensation and tort liability. Each regime’s advantages and disadvantages are discussed. In the second part of the article, he seeks to demonstrate that it is possible to combine the advantages of no-fault compensation and tort liability in an alternative, third regime that he calls "public tort liability". The basic structure of the regime is characterized by the disassociation of the defendant and the plaintiff. This disassociation is replaced with the interposition of the state, which compensates the plaintiff and demands compensation from the defendant. |