Risk distribution

Risk distribution in United States

Risk distribution 

The level of risk and burden of damages which is leveled upon an individual or group.

Tort law seeks to determine the correct distribution of risk and responsability. Are losses better left alone? If they should be redistributed should they be redistributed according to fault or in an effort to spread the risk throughout society? When losses are shifted from the individual to another individual should such be done based on a theory of punishment, retribution/compensation, deterrence? Should losses be redistributed only based on material facts or also on the basis of abstract moral considerations or non-market injuries such as pain and suffering? Risk distribution is the answer that a society develops to those questions: the risk and burden of loss should be placed on whom? The complexity and indeterminicity of these abstract questions explains the theoretical interest of tort law.


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