Showing 1 - 10 of 26
This article studies how liability for environmentally harmful discharges affects the incentives of firms to engage in …
Persistent link: https://www.econbiz.de/10013124354
, 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
, 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
A "decoupled" liability system is one in which the award to the plaintiff differs from the payment by the defendant …
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
sanction imposed on a liable party be a fine, an imprisonment term, or a combination of the two? Should the rule of liability …
Persistent link: https://www.econbiz.de/10013213098
This paper formally analyzes strict liability and negligence in a market setting. The discussion emphasizes the impact …
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
A central result in the economic theory of liability is that, if an injurer's liability equals the victim's loss, then … either the rule of strict liability or the rule of negligence can induce the injurer to behave properly. However, for this … and, g fortiori, before any harm has occurred. This paper reevaluates the rules of strict liability and negligence when …
Persistent link: https://www.econbiz.de/10012476895