@inbook{6d9d50a22ab44e34aa67bc44fafe3f29,
title = "Tort law decision-making: Psychological and legal perspectives",
abstract = "This chapter takes a psychological perspective on tort law decision-making, drawing on psychological theory, empirical research, and legal practices in tort litigation to assess the state of knowledge about decision-making in tort cases. It examines how plaintiffs decide to bring a lawsuit, how defendants respond, and the process of dispute resolution in tort cases. Most tort cases do not go to trial, but trial decisions remain significant as a framework for negotiations. The chapter also draws on psychological theory and research to describe how the judge and the jury as decision-makers resolve legal issues and reach liability verdicts and damage awards in tort cases. Psychological heuristics, biases, and other psychological phenomena affect decision-making in intentional tort, negligence, and strict liability cases, and judgments about liability and damages. The chapter closes with suggestions for further investigations of understudied topics in tort law decision-making.",
keywords = "Damage awards, Dispute resolution, Foreseeability, Intentionality, Judge, Jury, Liability, Negligence, Reasonableness, Strict liability",
author = "Hans, \{Valerie P.\} and Robbennolt, \{Jennifer K.\}",
year = "2024",
month = feb,
day = "29",
doi = "10.1017/9781009119375.037",
language = "English (US)",
isbn = "9781009100601",
series = "Cambridge Handbooks in Psychology",
publisher = "Cambridge University Press",
pages = "567--581",
editor = "Miller, \{Monica K\} and Yelderman, \{Logan A\} and Huss, \{Matthew T\} and Cantone, \{Jason A\}",
booktitle = "The Cambridge Handbook of Psychology and Legal Decision-Making",
address = "United States",
}