There is a lot of significance of economic analysis and the benefits. Ideally, economic analysis offers a valuable insight into the capacity to increase the claim amount in accordance with tort law. Such careful calculations made by the Injury Lawyer in Oshawa will enable to increase the overall safety and at the same time it will also help to reduce the costs of misfortune for the plaintiff of the inured victim. However, economic analysis is vulnerable in spite of its benefits to different objections. These objections raised involve the substantive norms as well as the structural features of tort law.

Most Significant Objections

The most significant objection raised against economic analysis is the substance of it as most of the theorists believe that it involves questionable interpretation of reasonable behavior and the legal duty. The point that is raised by the theorists is in the characterizing of negligence of the defendant by the Injury Lawyer in Oshawa. It is suggested by the theorists that economic analysis considers the failure to take any cost justified precautions to prevent injuries or accident on the basis of identifiable reasonable risk taking and rational risk taking. This results in questions as to how to determine what risks are acceptable as a justified cost.

Taken On Assumptions

Theorists say that for any potential defendant,such cost effective precautionary measure to prevent accident is entirely based on assumptions. This makes it difficult to ascertain the difference between resultant benefits and the resultant injuries. This means that the cost and benefits of the activity will have the same importance, regardless of the category in which they fall. The argument that is raised is that what one owes to a person may not be of same importance to the person himself. However, with the expertise of the Injury Lawyer in Oshawa such difference can be effectively and successfully related.

Comparing The Two

The Injury Lawyer in Oshawa has an answer to such objections and knows the best way to enunciate the fault standards perfectly and precisely. It is argued that the way any person will care and cautious for his own benefit should be the same for others as well. To support such an argument of personal well being, the reasonable duty of care clause is implemented in evaluating fault in a persona injury claim. This is the set standard of acts and duties that any sane and responsible person would take for his well being. Any deviation from it or failure to meet with such set standard will result in negligence and liability.

The Duty of Care

Therefore the duty of care is the answer to the questionable attribute of economic analysis. It is considered to be the legal duty to behave reasonably by all citizens so that personal harm as well as to others are avoided easily and effectively. A driver must drive safely, a doctor must treat carefully, a dog owner must restrain the dog properly, landlord should maintain the building and a manufacture should follow high quality standard as duty of care. For more information visit Our Website