Showing 61 - 70 of 88
This article considers whether the demand for legal advice about potential liability for future acts is socially … liability. When advice provides information about properly determined liability, the demand for advice is socially optimal under … strict liability but is socially excessive under the negligence rule. When advice identifies errors the legal system is …
Persistent link: https://www.econbiz.de/10013217940
The effect of liability rules on accident avoidance is studied in two types of situations in which potential victims … and potential injurers act sequentially: those where victims act first and injurers second; and those where the reverse is … true. What is of special interest about the working of liability rules in such sequential situations is that the party who …
Persistent link: https://www.econbiz.de/10013218135
sanction imposed on a liable party be a fine, an imprisonment term, or a combination of the two? Should the rule of liability …
Persistent link: https://www.econbiz.de/10013213098
Situations in which there is uncertainty over the cause of harm are studied (e.g., was the lung cancer due to normal … incentives to reduce risk of various ways of treating such uncertainty under the liability system are identified using a … theoretical model of the occurrence of harm. The main points are these. Use of a threshold probabilit' of causation (e.g., 50%) as …
Persistent link: https://www.econbiz.de/10013322861
When parties can bargain with each other in an externality situation, it is frequently argued that liability rules are … preferable to property rules. The case for liability rules is thought to be strongest when the parties behave strategically, when … are not available. It is shown here that liability rules are not generally preferable to property rules in these …
Persistent link: https://www.econbiz.de/10013324160
actually does converge in commercial areas has remained empirically untested. We create a dataset of 465 state-court appellate …
Persistent link: https://www.econbiz.de/10012772379
) – aka ‘Cheeseburger Bills' – that greatly limit fast food companies' liability for weight-related harms. We provide the …
Persistent link: https://www.econbiz.de/10013022184
Limited liability is a defining feature of the modern corporation, but it was not always so. By the early 1850s about … one-half of all states imposed double liability on bank shareholders. This paper shows that double liability was adopted … as deposits increased relative to banknotes and in conjunction with free banking; that double liability was associated …
Persistent link: https://www.econbiz.de/10013017066
The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...
Persistent link: https://www.econbiz.de/10013037306
Understanding how and why liability laws and liability reforms alter the medical treatment decision-making process is … central to reforming the current U.S. malpractice liability system. Survey methods serve a valuable role in this process … System survey, we present four findings. First, physicians from states enacting liability reforms that directly reduce …
Persistent link: https://www.econbiz.de/10013322299