Tort Law

Question 1

Purposes of Tort Law

Answer 1

1. Instrumentalist = Torts maximize social welfare by deterring wasteful injuries and accidents.
2. Noninstrumental = Some contacts deserve to be punished because they are wrongs.
3. Civil recourse = Empowers aggrieved individuals to seek redress against wrongdoers. Important for recognizing people as agents.

Question 2

State Farm Fire & Casualty Co. v. S.S. and G.W.

Answer 2

Facts; S.S. got herpes from G.W. in G.W.’s home. G.W. settled by allowing S.S. to collect off of G.W.’s home insurance. State Farm claimed home insurance does not cover herpes.

Holdings:
- Intent to harm another is an intentional tort. Typically not covered by insurance.