Abstract
Abstract Chapter 11 argues that all liability rules have an element of strict liability at their core. If this argument is correct, there may be no defense of the fault principle that is not also a defense of strict liability. If strict liability is not a matter of morality, then neither is fault liability. If the only defense of strict liability is an economic one, then the only defense of fault liability is an economic one as well. This chapter summarizes aspects of the economic analysis of tort liability. It argues that only an account of tort liability rooted in considerations of economic efficiency can ground both fault and strict liability.
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