Showing 1 - 10 of 25
This article studies how liability for environmentally harmful discharges affects the incentives of firms to engage in cleanup and invest in precautions, as well as the incentives of consumers to purchase the goods whose production leads to discharges. Our main conclusion is that making firms...
Persistent link: https://www.econbiz.de/10013124354
, police, prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory …
Persistent link: https://www.econbiz.de/10012471807
, police, prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory …
Persistent link: https://www.econbiz.de/10013216494
A "decoupled" liability system is one in which the award to the plaintiff differs from the payment by the defendant. The optimal system of decoupling makes the defendant's payment as high as possible. Such a policy allows the award to the plaintiff to be lowered, thereby reducing the plaintiff's...
Persistent link: https://www.econbiz.de/10013224692
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is prosecuted at trial, and when an out-of-court settlement is possible. Using a numerical example, it is shown that settlements and litigation costs can substantially alter the...
Persistent link: https://www.econbiz.de/10013233764
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
violators of legal rules. The theoretical core of our analysis addresses the following basic questions: Should the form of the …
Persistent link: https://www.econbiz.de/10013213098
of the rules on the market price and on the number of firms in the industry. For simplicity, the damage caused by each …
Persistent link: https://www.econbiz.de/10013245547
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
and, g fortiori, before any harm has occurred. This paper reevaluates the rules of strict liability and negligence when … imposed on the injurer still equal the victim's loss? Are the rules of strict liability and negligence still equally desirable …, then the two rules are equivalent, but if liability is set optimally under each rule, then strict liability generally …
Persistent link: https://www.econbiz.de/10012476895