He also analyzes negligence cases in terms of the creation of nonreciprocal risks. Fletcher argues that principles of negligence apply to activities that engender reciprocal risk-taking. To establish liability, a plaintiff must show that harm derived from a specific risk that unduly exceeded the bounds of reciprocity. Such a risk is a negligent, or unreasonable, risk. If a plaintiff has also created a risk that unduly exceeds the reciprocal norm, he or she is deemed contributorily negligent.
Recovery is denied because the plaintiff's conduct has again rendered the risks reciprocal.
Both Coase and Fletcher seem to recognize that tort law should be predicated on some notion of reciprocity. Yet, they embrace very different conclusions based on this initial observation. For questions or comments, please contact the Webmaster .