Showing 1 - 10 of 6,400
liability bears primary responsibility for the cesarean section epidemic and that tort reform, which caps physician liability …
Persistent link: https://www.econbiz.de/10012933970
The present paper provides an economic analysis of vicarious liability that takes information rents and monitoring … costs to be borne by the principal explicitly into account. In the presence of information rents or if the principal is … wealth constrained herself, vicarious liability need not generate efficient precaution incentives. Rather, precaution …
Persistent link: https://www.econbiz.de/10009381854
In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there … are uncertainty surrounding causal investigations and regulatory myopia. As these conditions are generally met in … create a risk for the environment. Moreover, we suggest that a joint use of liability and regulation should more frequently …
Persistent link: https://www.econbiz.de/10011668290
uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well … civil liability rule, it is therefore advocated that a regulatory system be implemented combined with a public insurance … scheme, or, alternatively, to go for a mix of regulation and civil liability. Such a mix of regulation and civil liability …
Persistent link: https://www.econbiz.de/10014155883
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/10011349185
jurisdictions in many civil law tradition countries. The results found in this paper do not support this claim. …
Persistent link: https://www.econbiz.de/10011334453
Courts generally insist that two criteria be met before imposing strict liability rather than basing liability on the … negligence rule. The first--that the injurer's activity must be dangerous--is sensible because strict liability possesses general …-advised because it exempts all common activities from strict liability no matter how dangerous they are. Thus, the harm generated by …
Persistent link: https://www.econbiz.de/10011972915
There have long been claims that compensations for noneconomic damages are random because tort law does not provide …
Persistent link: https://www.econbiz.de/10008823155
This paper deals with liability for nuclear accidents and analyses the international liability regime from an economic … financial cap on liability. It is equally argued that the same effect does not occur under the Price-Anderson Act. The nuclear … subsidy awarded under the international regime is calculated and the economic consequences of the liability subsidy are …
Persistent link: https://www.econbiz.de/10014201175
now known as globalization; and (2) the advent of the American choice-of-law revolution, which succeeded in demolishing … joined the revolution have reached fairly uniform results in resolving cross-border tort conflicts: they have applied the law … conflicts codifications around the world (a total of 20) have adopted the same solution: they apply whichever law favors the …
Persistent link: https://www.econbiz.de/10014211298