Essay

The Principle of Misalignment: Duty, Damages, and the Nature of Tort Liability

121 Yale L.J. 142 (2011).

When a tort rule is fully aligned, harms are valued equally across the elements.
Because the valuation of harm within duty equals the valuation within the damages remedy, a
fully aligned rule gives dutyholders the option to fully comply with the duty with respect to any
harm by…