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Demougin, Dominique (contributor); Fluet, Claude (contributor) - 2007

Persistent link: https://www.econbiz.de/10003498654

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

Accident law : an excessive standard may be efficient

Goerke, Laszlo - 2001

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

Spite in litigation

Mill, Wladislaw; Stäbler, Jonathan - 2023

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

Precise control over legislative vote outcomes : a forensic approach to political economics

Matter, Ulrich; Slotwinski, Michaela - 2016

We propose a forensic approach to investigate the politico-economic forces that influence narrow vote outcomes in legislative assemblies. Applying nonparametric estimation techniques to a data set covering all roll call votes between 1990 and 2014, we can identify the existence of precise...

Persistent link: https://www.econbiz.de/10011509565

Punitive police? : agency costs, law enforcement, and criminal procedure

Dharmapala, Dhammika; Garoupa, Nuno; McAdams, Richard H. - 2015 - Revised version: April 2015

Criminal law enforcement depends on the actions of public agents such as police officers, but the resulting agency problems have been neglected in the law and economics literature (especially outside the specific context of corruption). We develop an agency model of police behavior that...

Persistent link: https://www.econbiz.de/10010509622

Statute law or case law?

Anderlini, Luca (contributor); Felli, Leonardo (contributor) - 2008

In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the...

Persistent link: https://www.econbiz.de/10003748330

Do judges hate speculators?

Hornuf, Lars; Klöhn, Lars - 2018 - This version: November 18, 2018

Historically, people have often expressed negative feelings toward speculators, a sentiment that might have even been reinforced since the latest financial crisis, during which taxpayer money was warranted or spent to bail out reckless investors. In this paper, we conjecture that judges may also...

Persistent link: https://www.econbiz.de/10011936293

Do managers with limited liability take more risky decisions? : an information acquisition model

Malcomson, James M. - 2010

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

Controlling product risks when consumers are heterogeneously overconfident : producer liability vs. minimum quality standard regulation

Baniak, Andrzejj; Grajzl, Peter - 2014

, 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

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