Negligence Without Fault

Negligence Without Fault: Trends Toward an Enterprise Liability for Insurable Loss offers a profound exploration of the evolving landscape of liability law, focusing on the emerging concept of "enterprise liability." Through meticulous analysis, this work examines the legal and philosophical shifts from traditional fault-based negligence to a broader framework of liability that prioritizes compensation for victims of hazardous activities. The book traces this evolution through landmark cases, judicial opinions, and legislative trends, revealing how the complexities of modern mechanical enterprise and societal progress have demanded a redefinition of responsibility and accountability.

This study provides a comprehensive look at the intersection of negligence law, liability insurance, and societal interests. It delves into the legal mechanisms used to balance the rights of injured parties against the operational necessities of enterprises, emphasizing the role of liability insurance as both a protective tool and a means of equitable loss distribution. Through case studies, historical analysis, and an exploration of judicial reasoning, Negligence Without Fault offers a compelling argument for adopting enterprise liability as a logical next step in the evolution of tort law. This book is an essential resource for legal scholars, policymakers, and practitioners seeking to understand and navigate the shifting paradigms of liability in an increasingly complex and interconnected world.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.