Abstract:
In twenty-first century American courts, dysfunctional outcomes invariably follow the formalistic application of the most salient doctrinal distinctions. Attempts by legal taxonomists to delineate the boundaries between contract and tort law are especially ineffectual. Still, courts irregularly determine the obtainable remedies for legally cognizable injuries based on the way these capricious taxonomic boundaries are drawn. Doctrinal distinctions that demonstrably operate poorly unfairly persist. Tellingly, contemporary challenges arising out of a flawed system of classification typified by the tort and contract taxa are not the result of ineluctable progress in the legal system of the United States …
Joseph Lavitt, ‘Leaving Contemporary Legal Taxonomy‘. DENVER UNIVERSITY LAW REVIEW Vol. 90:1 213.
First posted 2013-03-16 09:12:13
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