Tort Law Reforms Could Prevent Irreparable Injuries and Optimize Compensation
The principle of misalignment in tort law shows that negligence rules are designed to prevent physical harm rather than just compensate for it. This means dutyholders cannot simply pay damages to avoid their duty of care. The misaligned negligence rule aims to prioritize preventing harm over monetary compensation, especially in cases of irreparable injury like bodily harm or property damage. This approach is more efficient in addressing the limitations of tort liability in a world with limited resources.