Showing 1 - 10 of 148
the issue of employer liability for injury claims. We develop a sequential asymmetric information model of liability … when workers differ in their costs of pursuing a injury claim, employers have an incentive to deny liability and force … more likely to fight back when liability is denied. Estimates of the structural model confirm that the decision rules of …
Persistent link: https://www.econbiz.de/10012466753
, 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/10012471807
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/10012477242
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/10012478681
This paper formally analyzes strict liability and negligence in a market setting. The discussion emphasizes the impact …
Persistent link: https://www.econbiz.de/10012478725
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/10012464791
This paper analyzes the normative role for civil liability in aligning terrorism precaution incentives, when the … victims, and terrorists within a sequential, game-theoretic model. The model reveals that, while an "optimal" liability regime …
Persistent link: https://www.econbiz.de/10012466084
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/10012469004
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/10012469220
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/10012473193