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 …

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 …

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 …

traditional factors that guide the choice of legal presumptions in tort law, we introduce the concept of “best discovery … liability …

already burdened by residual liability. We suggest that the interaction between evidence and substantive tort rules is an …

discusses the developing case law in tort on liability for climate damage, an implicit director’s duty of care, the challenges … system for carbon dioxide, but not other emissions. This leads to the question of whether liability for climate damage may … that such action faces in common law and civil law, and the reasons that these challenges can be overcome …

A deeply entrenched principle in the law of fraud and negligent misrepresentation provides that damages can be …

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 …

behavioural literature for liability law and insurance are discussed and a few concluding remarks address what the most important … occurred. For a long time, these economic models of tort law had already been critized by lawyers, but recently, this criticism … heuristics and biases has now also been incorporated into the law and economics literature, leading to a new domain of so …