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incentives to reduce risk of various ways of treating such uncertainty under the liability system are identified using a … (if their probability of causation systematically fell below the threshold) and thus do too little to reduce risk; or they …
Persistent link: https://www.econbiz.de/10012477880
information concerning product risk, and mandatory and voluntary disclosure rules are equivalent …
Persistent link: https://www.econbiz.de/10012465886
The government often provides relief against large risks, such as disasters. A simple, general rationale for this role of government is considered here that applies even when private contracting to share risks is not subject to market imperfections. Specifically, the optimal private sharing of...
Persistent link: https://www.econbiz.de/10012458472
This article develops two points. First, insurance against the risk of legal change is largely unavailable, primarily …
Persistent link: https://www.econbiz.de/10012458784
should be guided by an economic calculus. That calculus is developed in the theory presented in this article and the actual …
Persistent link: https://www.econbiz.de/10014248002
In an earlier work, we analyzed how the legal rules governing contractual liability affect the transfer of information between the parties to the contract. In particular, we showed how limitations on contractual liability might lead high valuation buyers to reveal their valuation of performance,...
Persistent link: https://www.econbiz.de/10012471688
The public at large, many policymakers, and some economists hold views of social welfare that attach some importance to factors other than individuals' utilities. This note shows that any such non-individualistic notion of social welfare conflicts with the Pareto principle
Persistent link: https://www.econbiz.de/10012471750
This article surveys the theory of the public enforcement of law -- the use of public agents (inspectors, tax auditors …, police, prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory … examine a variety of extensions of the central theory, concerning accidental harms, costs of imposing fines, errors, general …
Persistent link: https://www.econbiz.de/10012471807
This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law liability for accidents (tort law), property law, and contracts as well as the litigation process and public enforcement of law
Persistent link: https://www.econbiz.de/10012471847
This paper compares reward systems to intellectual property rights (patents and copyrights). Under a reward system, innovators are paid for innovations directly by government (possibly on the basis of sales), and innovations pass immediately into the public domain. Thus, reward systems engender...
Persistent link: https://www.econbiz.de/10012471851