Leshem, Shmuel; Miller, Geoffrey P. - In: The Journal of Legal Studies 38 (2009) 2, pp. 345-382
This paper considers the choice between an all-or-nothing (AON) rule and a proportionate-damages (PD) rule in civil litigation. Under AON, a prevailing plaintiff receives a judgment equal to his entire damages. Under PD, damages are reduced to reflect uncertainty. For example, if the trier of...