Showing 1 - 10 of 607
liability rules on incentives to reduce accident risks. Then consideration of accident law is broadened (chapter 5) to reflect … the effect of liability rules on compensation of victims and the allocation of risk. In this regard a central issue is the … roles of victims' insurance and of liability insurance, and how they alter the incentives inherent in liability rules …
Persistent link: https://www.econbiz.de/10013105846
The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...
Persistent link: https://www.econbiz.de/10012772379
This paper analyzes the normative role for civil liability in aligning terrorism precaution incentives, when the …;optimalquot; liability regime indeed exists, its features appear at odds with conventional legal templates. For example, it frequently …
Persistent link: https://www.econbiz.de/10012778272
, focusing on the probability of imposition of sanctions, the magnitude and form of sanctions, and the rule of liability. We then …
Persistent link: https://www.econbiz.de/10013216494
liability rules on incentives to reduce accident risks. Then consideration of accident law is broadened (chapter 5) to reflect … the effect of liability rules on compensation of victims and the allocation of risk. In this regard a central issue is the … roles of victims' insurance and of liability insurance, and how they alter the incentives inherent in liability rules …
Persistent link: https://www.econbiz.de/10013221850
A central feature of the litigation process that affects case outcomes is the selection of cases for litigation. In this study, we present a theoretical framework for understanding the operation of this suit selection process and its relationship to the underlying distribution of potential...
Persistent link: https://www.econbiz.de/10013224186
In nuisance-type cases, legal commentators generally recommend -- and the courts seem to increasingly use -- the award of damages rather than the granting of an injunction of the harmed party. This essay compares the economic consequences of injunctive and damage remedies under a variety of...
Persistent link: https://www.econbiz.de/10013234407
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
This paper formally analyzes strict liability and negligence in a market setting. The discussion emphasizes the impact …
Persistent link: https://www.econbiz.de/10013245547
One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of … strict liability with compensatory damages leads the injurer to choose the socially appropriate level of care. This paper … reexamines this result when litigation is costly. It is shown that strict liability with compensatory damages generally leads to …
Persistent link: https://www.econbiz.de/10013309589