The Practice of Tort Law, Third Edition

In characterizing negligence as the failure to take cost-justified precautions, economic analysis identifies reasonable risk-taking with rational risk taking. But if one of the occupants (a young child, say) is killed or seriously injured, and grandparents far from the scene of the accident become consumed with grief, their pain and suffering will not be compensated, even though they would not be so aggrieved "but for" the negligence of the driver. Jude Medical/Eon Mini Model Cases: Retained by the plaintiffs and St.

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