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In the law and economics literature the question of efficiency of liability rules has primarily been analyzed in the … liability with the defense of contributory negligence are efficient, the rules of no liability and strict liability are not …
Persistent link: https://www.econbiz.de/10013038546
the case with toxic torts. Risk aversion and ambiguity aversion tend to have a similar impact on optimal liability rules … liability dominates negligence when the injurer has lower degrees of risk and ambiguity aversion than the victim and can … revised version of this paper has been published in the American Law and Economics Review under the title: "Liability law …
Persistent link: https://www.econbiz.de/10012970323
In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there … 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
economic theory to address this issue. We find that the relation between the appropriate compensation and the mean and median …
Persistent link: https://www.econbiz.de/10011688166
percent of mean income. In this paper we use economic theory to determine the relation between the appropriate make …
Persistent link: https://www.econbiz.de/10012033224
percent of mean income. In this paper we use economic theory to determine the relation between the appropriate make …
Persistent link: https://www.econbiz.de/10012034365
In the law and economics literature liability is generally regarded as an instrument which provides potential … tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those … of the art. After setting out the economic functions of liability rules and regulation the effects of missing information …
Persistent link: https://www.econbiz.de/10012947880
Law and economics are both hostile to liability for exposure to risk without actual harm. Harm is the foundation of …
Persistent link: https://www.econbiz.de/10012965900
Strict liability is widely seen as the most suitable way to govern highly risky activities, such as environmentally … dangerous production or genetic engineering. The reason which is usually given for applying strict liability to these areas, is … liability but not via the negligence rule. In this paper, we show that the superiority of strict liability does no longer …
Persistent link: https://www.econbiz.de/10014164236
of which gives rise to an independent cause of action. When analyzed under finance theory, increased risk harms a person … markets. Lastly, this article suggests that the rules of liability and damages proposed here create the singular circumstance …
Persistent link: https://www.econbiz.de/10014058714