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involved in the accident situation: victims and injurers were assumed to base their decision on e.g. the care levels to adopt … level to be followed by a defendent in a tort case and e.g. to abstain from ex post knowledge, i.e. after the accident … accident law have not been identified. That is precisely what this article aims to do. First, a few examples are presented of …
Persistent link: https://www.econbiz.de/10014185299
inherently accident prone activity. The accidents are chance encounters and engaging in behavior that reduces the likelihood of …
Persistent link: https://www.econbiz.de/10014203594
I consider the efficiency of liability rules when courts obtain imperfect information about precautionary behavior. I ask what tort rules are consistent with socially efficient precautions, what informational requirements the evidence about the parties' behavior must satisfy, what decision rules...
Persistent link: https://www.econbiz.de/10014059119
injury. The model is based on the theory of household utility maximization. The members of the household are assumed to …
Persistent link: https://www.econbiz.de/10014061229
This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first …-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential … injurers (because they may have to pay judgments to victims). In this regard, victims' accident insurance and injurers …
Persistent link: https://www.econbiz.de/10014061304
expected accident loss. This paper considers situations in which each party's precaution also directly affects the other party … long as each can sue to recover its full accident losses …
Persistent link: https://www.econbiz.de/10014069806
and victims that operates through the effects of each on the expected accident loss. This paper considers situations in … which each party's precaution affects not only expected accident loss, but also directly affects the other party's cost of … unilateral harm (where all accident losses are borne by the victim), none of the standard tort liability rules induces socially …
Persistent link: https://www.econbiz.de/10014102953
Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law...
Persistent link: https://www.econbiz.de/10014104302
We consider the optimal liability rule in the case of accidents by fully autonomous vehicles. We show that when due activity is not enforceable, it is socially optimal to apply the strict liability rule to the human operator who determines the activity level and to apply the negligence rule to...
Persistent link: https://www.econbiz.de/10014358293
Negligence rule is one of the most widely used liability rules for apportioning accident loss between victim and … injurer. Under the negligence rule the entire accident loss is borne by the injurer if he is negligent; and the entire … accident loss is borne by the victim if the injurer is nonnegligent. Injurer is negligent if his care level is less than the …
Persistent link: https://www.econbiz.de/10014164726