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This article considers situations in which plaintiffs seek nonmonetary judgments, for instance, custody of a child or an injunction. The primary questions of interest concern when parties will be likely to settle and, if so, what the nature of their settlements will be. The answers to these...
Persistent link: https://www.econbiz.de/10012474968
A model is examined in which individuals take precautions that reduce the amount stolen if thieves enter their homes; and the amount of theft is influenced by the level of individuals' precautions. It is emphasized that the motive of individuals acting alone to take precautions may include the...
Persistent link: https://www.econbiz.de/10012475486
The problem of optimal public enforcement of law is examined in a model in which two types of enforcement effort are distinguished: specific enforcement effort, activity devoted to apprehending and penalizing individuals who have committed a single type of harmful act; and general enforcement...
Persistent link: https://www.econbiz.de/10012475984
The theory of deterrence has been concerned primarily with situations in which individuals consider whether to commit a single harmful act (whether to discharge a pollutant into a lake, whether to steal a car) rather than with situations in which individuals decide which of several harmful acts...
Persistent link: https://www.econbiz.de/10012475985
Liability and safety regulation are examined as means of controlling risks in a theoretical model of the occurrence of accidents. According to the model, regulation does not result in appropriate reduction of risk -- due to the regulator's lack of knowledge about risk -- nor does liability...
Persistent link: https://www.econbiz.de/10012477879
Situations in which there is uncertainty over the cause of harm are studied (e.g., was the lung cancer due to normal exposure to medical x-radiation, to smoking, to exposure to carcinogens discharged by a chemical plant?); and the effects on incentives to reduce risk of various ways of treating...
Persistent link: https://www.econbiz.de/10012477880
Liability in tort and the regulation of safety are considered as means of controlling accident risks using the instrumentalist, economic method of analysis.Four general determinants of the relative social desirability of liability and regulation are first identified--differences in knowledge...
Persistent link: https://www.econbiz.de/10012477881
The effect of liability rules on accident avoidance is studied in two types of situations in which potential victims and potential injurers act sequentially: those where victims act first and injurers second; and those where the reverse is true. What is of special interest about the working of...
Persistent link: https://www.econbiz.de/10012478168
The question is asked how the incentives of private parties to bring suit relate to what would be socially appropriate given the costs of using the legal system; and the answer presented in the model that is examined involves two elements. The first is that as a potential plaintiff takes into...
Persistent link: https://www.econbiz.de/10012478374
The implications of uncertainty for the design of contracts and of remedies for their breach are studied. After characterizing complete contingent contracts, incomplete contracts are examined. Specifically, in view of difficulties in making contingent provisions (costs of enumeration and of...
Persistent link: https://www.econbiz.de/10012478388