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This paper addresses the conditions for setting up strict civil liability schemes. For that it compares the social efficiency of two main civil liability regimes usually enforced to protect the environment: the strict liability regime and the "capped strict liability scheme". First, it shows...
Persistent link: https://www.econbiz.de/10008903426
This paper studies the delegation of activities that pose serious risks to health and the environment in an economy regulated by strict liability schemes. Strict liability induces judgment-proof possibilities. Two civil liability regimes are then compared: a strict liability scheme and a capped...
Persistent link: https://www.econbiz.de/10008735714
This paper analyzes the difficulties of comparing the respective effectiveness of two among the most important liability regimes in tort law: rule of negligence and strict liability. Starting from the standard Shavellian unilateral accident scheme, I show that matching up liability regime on...
Persistent link: https://www.econbiz.de/10009506385
Ultra-hazardous risky activities as the nuclear industry cannot be considered as "normal industries" i.e. without abnormal environmental and health risks. This theoretical paper studies the industrial organization of electro nuclear sectors from the view point of the general cost of impact...
Persistent link: https://www.econbiz.de/10008934645
Until now, most of the growing climate legal litigations mainly concern environmental associations or victims against energy of energy-users firms or States. However, in a near future, because of exacerbating sudden floods linked to climate change, future litigations could (will) concern...
Persistent link: https://www.econbiz.de/10011451290
This paper analyzes the meaning of comparing the economic performance of strict liability and negligence rule in a unilateral standard accident model under Knightian uncertainty. It focuses on the cost expectation of major harm on which the injurers form beliefs. It shows first that, when the...
Persistent link: https://www.econbiz.de/10010189329