Volume 48, Issue 4

Symposium: Dan B. Dobbs Economic Tort Law

Comparative Fault and Fraud

This Article asserts that comparative fault jurisdictions should not bar plaintiffs from recovering in fraud when they fail to establish justifiable reliance on a misrepresentation. Rather, courts should apply comparative…
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The Place of Reliance in Fraud

This Article explains why reliance forms a distinct element of fraud. Conceptually, the wrong of fraud is not an interference with the victim's interest in avoiding certain types of harm,…
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Apportionment, Victim Reliance, and Fraud: A Comment

Green draws a comparison between Goldberg, Sebok and Zipursky’s theme of decision making without misimpressions and Aaron Twerski and Neil Cohen’s important work on informed consent. Ultimately, Green disagrees with…
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Rethinking Defamation

This Article argues that defamation should not be included in the new Restatement of Economic Torts, because, although redress of economic harm is one function of the law of libel…
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A Restatement (Third) of Intentional Torts?

Some intentional tort doctrines have developed in intriguing ways since the Restatement Second was published, and other doctrines remain contentious or obscure. From a broader perspective, we should beware of…
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