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compensate a larger number of injured plaintiffs under a rule of strict liability? Is the function of compensation instead … of compensation and deterrence do not obviously cohere into a viable theory of tort law, making the approach incoherent … does not limit liability to violations of conventional morality or customary practices in the community. For historical and …
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From an economic perspective tort law is to serve two important functions: deterrence of wrongdoers and victim compensation. We can easily construct examples of torts leading to small and widespread harm for which it is questionable whether a rational victim will initiate an individual lawsuit....
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disfavored tort of negligent infliction of emotional distress. The chapter connects these recent developments to feminist theory …
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In this paper, we illustrate how different behavioral problems can be incorporated into the standard economic model of tort law. Through this exercise, we develop a modeling language that can be utilized by law and economic scholars when considering the effect of behavioral biases and cognitive...
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model and a theory of efficient breach / Charles J. Goetz and Robert E. Scott -- Part IV. The scope of liability -- Economic …Part I. Property rules and liability rules -- Property rules, liability rules and inalienability : one view of the … cathedral / Guido Calabresi and A. Douglas Melamed -- Property rights and liability rules : the ex ante view of the cathedral …
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