Showing 1 - 10 of 12,552
reinforcement of physician liability for off-label use may be the preferred instrument for achieving dynamic efficiency. The … liability threat reduces the demand for off-label use, giving manufacturers an appropriate incentive to invest in extended …
Persistent link: https://www.econbiz.de/10010265794
Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is … externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability …
Persistent link: https://www.econbiz.de/10010325584
The present paper provides an economic analysis of vicarious liability that takes information rents and monitoring … wealth constrained herself, vicarious liability need not generate efficient precaution incentives. Rather, precaution … regimes: strict liability, the traditional negligence rule, and proportional liability. To do so, I make use of the intensity …
Persistent link: https://www.econbiz.de/10010334070
While various liability rules of tort law provide efficient incentives to invest, breach remedies of contract law are …
Persistent link: https://www.econbiz.de/10010263099
In this paper we discuss a new tort liability rule, which we call super-symmetric comparative negligence and vigilance …. When both injurer and victim in an accident are negligent, it provides for liability shares that depend on the degrees of … negligence of the two parties, similar to the standard comparative negligence rule. Unlike standard liability rules, however …
Persistent link: https://www.econbiz.de/10010284036
A growing body of literature suggests that courts and juries are inclined toward division of liability between two … strictly non-negligent or 'vigilant' parties. However, standard models of liability rules do not provide for vigilance …-based sharing of liability. In this paper, we explore the economic efficiency of liability rules based on comparative vigilance. We …
Persistent link: https://www.econbiz.de/10010284040
Car owners are liable for property damage inflicted on other motorists. In most countries such liability must be … links between liability rules and vehicle choice. It presumes cooperative insurance, but non-cooperative acquisition of … vehicles. Thus, the Nash equilibrium and its degree of efficiency depend on the liability regime. …
Persistent link: https://www.econbiz.de/10010333956
Attorneys elected to the US House of Representatives and to US state legislatures are systematically less likely to vote in favor of tort reforms that restrict tort litigation, but more likely to support bills that extend tort law. This finding is based on the analysis of 54 votes at the federal...
Persistent link: https://www.econbiz.de/10011390694
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10010333970
comparative negligence rule splits liability between negligent parties according to each party’s degree of fault, it makes the …. In the extension we analyze various negligence-based liability rules, and tax rules, as instruments for mitigating the …
Persistent link: https://www.econbiz.de/10010318910