The literature argues that if injurers cannot anticipate the precise level of harm, courts might use expected harm as a magnitude of compensation instead of actual harm without distorting care incentives. This paper shows that the use of expected harm is in fact preferable if victims choose the...

This paper analyzes private precautions against crime when the value of the property to be protected is private information. In a framework in which potential criminals can choose between different crime opportunities, we establish that decentralized decision-making by potential victims may lead...

This paper starts from the premise that liability is incomplete and establishes that firms may nevertheless invest excessively in care. This may justify a (further) reduction in the level of liability from a social standpoint, thereby arguing against seeking to approach full compensation as...