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We use a principal-agent framework to reexamine the implications of the negligence and strict liability rules when the …
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. This extends to the case where courts can make mistakes. The rules of proof then affect the inferences drawn from court …
Persistent link: https://www.econbiz.de/10010687448
This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when evidence is imperfect and rests with the parties. We show that the preponderance of evidence' standard provides maximal incentives to exert care. This holds even though litigants...
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This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when evidence is imperfect and rests with the parties. We show that the "preponderance of evidence" standard provides maximal incentives to exert care. This holds even though litigants...
Persistent link: https://www.econbiz.de/10001689146
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