미국 불법행위법상 손해배상의 범위에 관한 일반론적 고찰

The US Tort Law is reluctant to formulate generalities. The author, nevertheless, makes an attempt to set a generality on the scope of liability under the US Tort Law even in the Korean way. Although this kind of work quite apparently has drawbacks including it may make the mistake of hasty generalization, she accepts risk in order to get better and accurate understanding the law. Consequently the study flows cogently from the Restatements of US Tort Law and the major US tort law textbooks to the generality like following: The basic scope of liability is 1) the damages in the legal cause, 2) the damages within the foreseeability, and 3) the general damages. The 3-prongs of the generality on the scope are independent, but partially overlapped. It means that the damage in the legal causation is usually foreseeable and frequently comes under the category of the general damages. Meanwhile, the 3-prongs give a room for exceptions. Sometimes the damages unforeseeable come in for the liability, sometimes the special damages are subjected to the liability on the burden of proof.