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Persistent link: https://www.econbiz.de/10003498654
In a world with risk-neutral agents, liability rules will only induce efficient behaviour if these rules impose the …
Persistent link: https://www.econbiz.de/10011408443
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
This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and settlement requests are higher for more spiteful...
Persistent link: https://www.econbiz.de/10013555697
the presence of such products on innovation and consumer welfare. For a given number of buyers, platform liability … interests between innovators and buyers. Furthermore, platform liability can have unintended consequences, which overturn the … intended effect on innovation. Platform liability tends to increase (decrease) innovation and consumer welfare when the …
Persistent link: https://www.econbiz.de/10013384891
In 2008, the European Commission investigated E.ON, a large and vertically integrated electricity company, for the alleged abuse of a joint dominant position by strategically withholding generation capacity. The case was settled after E.ON agreed to divest 5,000 MW generation capacity as well as...
Persistent link: https://www.econbiz.de/10011735927
Risk-neutral individuals take more risky decisions when they have limited liability. Risk-neutral managers may not when … acting as agents under contract and taking costly actions to acquire information before taking decisions. Limited liability … return. Further results on the form of contracts are also derived. -- managers ; risky decisions ; limited liability …
Persistent link: https://www.econbiz.de/10003937594
, we contrast producer liability and minimum quality standard regulation as alternative means of social control of product … relative desirability of strict liability vis-à-vis minimum quality standard regulation from a social welfare standpoint. We … also clarify when and why joint use of strict liability and minimum quality standard regulation welfare dominates the …
Persistent link: https://www.econbiz.de/10010413791
We contrast alternative liability rules for social control of product risks when heterogeneous consumers considering …' mispredictions vary with the prevailing liability regime. We first characterize the consumers' purchasing decision and the … equilibrium levels of safety and activity from the product's usage under no liability, strict liability, and negligence rule. We …
Persistent link: https://www.econbiz.de/10011475973
Does enhanced shareholder liability reduce bank failure? We compare the performance of around 4,200 state …-regulated banks of similar size in neighboring U.S. states with different liability regimes during the Great Depression. The distress … rate of limited liability banks was 29% higher than that of banks with enhanced liability. Results are robust to a diff …
Persistent link: https://www.econbiz.de/10012584232