This study shows that the effects of judgment proofness on precaution depend on whether the injurer can reduce the probability of the accident, the magnitude of the harm, or both. Different legal solutions to the problem are examined: punitive damages, average compensation, undercompensation,...

In several landmark cases, the European Court of Justice has ruled that member states of the European Union are liable for damages caused by an infringement of European Law if the violation is sufficiently serious. This article analyses the incentive effects of liability rules on member states...