Caveat 1 - we are dealing with American law here, although as far as I understand it UK law should also largely conform to this principle, originally laid out by British economist (it's OK - not all economists are incomprehensible) Ronald Coase (the Clifton R. Musser Professor of Economics at the University of Chicago Law School).
Caveat 2 - the principle was set out by an economist (although he did work for a Law School).
"Generally, the party who can most cheaply reduce the harm is the one legally and morally bound to do so in a free country"
"Points 1 through 4 are not easily contested individually. Together, they constituted 'common sense' until March 2020"
You can see where this is going.
The AIER (American Institute for Economic Research) provides us with a working point-by-point rebuttal of the various features of pandemic mismanagement that have had the effect of removing our time-honoured freedoms, and does so based upon previously accepted legal-economic principles.
"Policymakers could be, and should be, teaching our children these basic lessons in economics and common sense so that nothing like the last 21 months ever happens again"