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The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...
Persistent link: https://www.econbiz.de/10012724734
, we contrast producer liability and minimum quality standard regulation as alternative means of social control of product … relative desirability of strict liability vis-à-vis minimum quality standard regulation from a social welfare standpoint. We … also clarify when and why joint use of strict liability and minimum quality standard regulation welfare dominates the …
Persistent link: https://www.econbiz.de/10010413791
legal standards are enforced by liability for negligence, essentially because parties can choose to be negligent rather than …
Persistent link: https://www.econbiz.de/10012733164
harm under the negligence standard of liability. Under strict liability, however, firms are indifferent about revealing …
Persistent link: https://www.econbiz.de/10014055098
We ask whether regulation can usefully supplement litigation in a model of optimal social control of harmful externalities. In our model, firms choose activity levels in addition to precautions. In contrast to the usual analysis, we assume that social returns to activity are higher than private...
Persistent link: https://www.econbiz.de/10014210429
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This article examines a model of strict liability with costly litigation and presents conditions under which (1 …) the optimal level of liability exceeds the compensatory level, and (4) increasing the rate of settlement enhances social …
Persistent link: https://www.econbiz.de/10012761812
One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of … strict liability with compensatory damages leads the injurer to choose the socially appropriate level of care. This paper … reexamines this result when litigation is costly. It is shown that strict liability with compensatory damages generally leads to …
Persistent link: https://www.econbiz.de/10012477242