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In addition to exerting a positive effect on individuals and governments, the tort model supports regulatory actions, and at times, achieves goals that cannot be achieved through regulatory enforcement.
115) In such cases--for example, Johnson & Johnson's Tylenol saga (116)--the possibility of liability coupled with regulatory enforcement produces the deterrent effect that is the promise of the tort system.
The fact is that tort law generates "directive norms" that "regulate conduct ranging from how a physician treats her patients and how a driver treats other drivers, to how a large industry monitors its emissions and how a manufacturer designs its appliances.
While different schools of jurisprudence seek to characterize the tort field (normative, corrective justice, instrumentalist, and more), jurisprudential classification that explains this part of the civil justice system differs from the more basic mission of deciding whether the tort system has value beyond compensation.
It is also about actions, behaviors, or products never mentioned or touched in a civil tort case where a rational actor changes behavior because of perceived risks to users and consumers.
Courts and commentators readily identify the potential of tort recovery as a means of curing behaviors in a particular field or practice.
In addition to eliminating tort law's administrative
benefit tort generates--lower accident costs--is preserved by
malpractice, so a tort suit is a viable option only if your curiosity is
accompanied by suspicion that you were the victim of a tort.
After Potter casts his spell, tort law will no longer empower
sure, victims may still get some of the information tort suits provide.