Say I’m the CEO of a company with toxic waste buried in our back yard. One day on my way into work, I spot John Travolta climbing over our fence holding a chemistry kit and a spade. After I press the button that releases the hounds, my next step should be…calling my broker? Until John files A Civil Action, I have a window in which I can sell my stock with no market discount.
That has to be a problem for deterrence theories of tort law, doesn’t it? Read on, friend.