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When accidents result in noncompensable losses, a monetary payment is not enough to compensate the victim. We study the characteristics of optimal levels of care and distribution of risk under these circumstances and show that care depends on the aggregate wealth of society but does not depend...
Persistent link: https://www.econbiz.de/10010571736
We explore the rationale behind and the mechanisms employed by French judges while discharging personal debts in exchange for liquidation of debtors' assets. Our empirical results highlight the determinants of judicial selection between debtors whose debts are wiped out and those who have to...
Persistent link: https://www.econbiz.de/10010714284
Parties engaged in a litigation generally enter the discovery process with different informations regarding their case and/or an unequal endowment in terms of skill and ability to predict the outcome at trial. This results in different legal costs to assess the plaintiff's win rate. The paper...
Persistent link: https://www.econbiz.de/10008565611
This paper elaborates on a basic model of mass tort litigation, highlighting the existence of positive informational externalities afforded by the discovery process (as a general technology of production of evidences) in order to study when a class action is formed, or when a sequence of...
Persistent link: https://www.econbiz.de/10008587826
For psychologists, bounded rationality reflects the presence of cognitive dissonance and/or inconsistency, revealing that people use heuristics (Tversky, and Kahneman 1974) rather than sophisticated processes for the assessment of their beliefs. Recent research analyzing litigations and pretrial...
Persistent link: https://www.econbiz.de/10008670458
In this paper, the unilateral divorce law is modelled through the combination of exclusive rights on the marriage dissolution and alternative compensation rules benefiting to the parent having custody of the children. Their influence are studied both in the short run (probability and efficiency...
Persistent link: https://www.econbiz.de/10008680880
We study the characteristics of optimal levels of care and distribution of risk in a extended unilateral accident model, where 1/ parties are Rank Dependant Expected Utility maximizers, which allows us to capture two important behavioral characteristics in risk, both pessimism (probability...
Persistent link: https://www.econbiz.de/10008685483
This note focuses on the design of prevention programmes and the role of tort law regarding the control of risky activities, associated with unknown or imperfectly known risks, such as innovation or (long term) environmental damages. Together with the existence of perception bias on the side of...
Persistent link: https://www.econbiz.de/10008876317
This paper elaborates on a basic model of mass tort litigation, highlighting the existence of positive informational externalities a¤orded by the discovery process (as a general technology of production of evidences) in order to study when a class action is formed, or when a sequence of...
Persistent link: https://www.econbiz.de/10009019153
We explore the ways French judges respond to the possibility of discharging personal debts in exchange for liquidation of debtors’ assets. We present empirical results on the determinants of judicial selection between debtors whose debts are wiped out and those who have to reimburse them. We...
Persistent link: https://www.econbiz.de/10009019154