Sequencing in Damages

Edward K. Cheng*, Ehud Guttel, Yuval Procaccia

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

1 Scopus citations

Abstract

Tort law contains multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter, for example, whether a court applies comparative fault before or after mitigation of damages? The answer, rather surprisingly, is that sequencing does matter, and it can substantially affect the compensation that a tort victim ultimately receives. Yet the existing case law on sequencing is ad hoc, inconsistent, and undertheorized, and the issue has been entirely overlooked by the academic literature.

Original languageAmerican English
Pages (from-to)353-384
Number of pages32
JournalStanford Law Review
Volume74
Issue number2
StatePublished - 2022

Bibliographical note

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© 2022, Stanford Law School. All rights reserved.

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