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...

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...