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Farmer, Amy; Pecorino, Paul - 2013

In a model of pretrial bargaining under asymmetric information, we analyze the defendant’s threat to proceed to trial in the face of a rejected offer. The incidence of trial is lower when the defendant’s constraint is binding compared with the unconstrained case. The signs of some of the...

Persistent link: https://www.econbiz.de/10014160743

The Information-Forcing Dilemma in Damages Law

Chiang, Tun-Jen - 2018

Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...

Persistent link: https://www.econbiz.de/10012935655

Preponderance of evidence

Demougin, Dominique; Fluet, Claude - 2002

This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when evidence is imperfect and rests with the parties. We show that the preponderance of evidence' standard provides maximal incentives to exert care. This holds even though litigants...

Persistent link: https://www.econbiz.de/10011409967

Preponderance of Evidence

Demougin, Dominique; Fluet, Claude - 2021

This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when evidence is imperfect and rests with the parties. We show that the "preponderance of evidence" standard provides maximal incentives to exert care. This holds even though litigants...

Persistent link: https://www.econbiz.de/10013320509

Legal Liability When Individuals Have Moral Concerns

Deffains, Bruno; Fluet, Claude - 2010

reputational concerns are not strong enough, however, for injurers to willingly compensate their victims. Absent legal liability … enforced legal liability crowds out informal incentives completely (e.g., individuals causing harm suffer no stigma) but … precautions are then socially efficient. Under imperfectly enforced legal liability, formal legal sanctions and normative concerns …

Persistent link: https://www.econbiz.de/10014200291

Rules of Proof, Courts, and Incentives

Demougin, Dominique; Fluet, Claude - 2009

We analyze the design of legal principles and procedures for court decision-making in civil litigation. The objective is the provision of appropriate incentives for potential tort-feasors to exert care, when evidence about care is imperfect and may be distorted by the parties. Efficiency is...

Persistent link: https://www.econbiz.de/10014055375

Liability Rules Under Evidentiary Uncertainty

Fluet, Claude - 2006

I consider the efficiency of liability rules when courts obtain imperfect information about precautionary behavior. I …

Persistent link: https://www.econbiz.de/10014059119

Deterrence Effects Under Twombly : On the Costs of Increasing Pleading Standards in Litigation

Campos, Sergio J.; Cotton, Christopher; Li, Cheng - 2016

We develop a stylized game theoretic model of litigant behavior to study the effects of increased pleading standards on incentives to engage in illegal activity. Such a model is necessary to build intuition about the potential costs associated with the procedures set forth by the U.S. Supreme...

Persistent link: https://www.econbiz.de/10014147202

Law and Economics and Tort Litigation Institutions : Theory and Experiments

Landeo, Claudia M. - 2014

economics in the study of tort litigation institutions. Special attention is devoted to liability, litigation and tort reform …

Persistent link: https://www.econbiz.de/10014139770

Legal damages for losses of chances

Schweizer, Urs - 2008

This paper deals with legal damages if losses of chances are at stake. In response to disparate ad hoc rules that have emerged from legal practice in Europe, the present paper proposes a unifying principle to handle such cases. Quite generally, the purpose of a damages award is to compensate the...

Persistent link: https://www.econbiz.de/10010343921

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