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In standard models dealing with liability rules, generally, the proportion of accident loss a party is required to bear does not depend upon the 'causation' - the extent to which the care or lack of care on the part of the party contributed to the loss. As a matter of legal doctrine, this...
Persistent link: https://www.econbiz.de/10005770860
A growing body of literature suggests that courts and juries are inclined toward division of liability between two strictly non-negligent or “vigilant” parties. However, standard models of liability rules do not provide for vigilance-based sharing of liability. In this paper, we explore the...
Persistent link: https://www.econbiz.de/10005034649
Risky products cause two types of costs for society; the accident costs and the insurance costs. Liability rules allocate these costs between the parties involved. The expansion in the scope of product liability over the past thirty years has increased the cost of third-party liability...
Persistent link: https://www.econbiz.de/10005034655
For past three decades or so, the negligence liability has been a major preoccupation of the economic analysis of liability rules. However, recently it has invited severe criticisms on several counts. Several leading legal scholars have championed a comparative causation based allocation of...
Persistent link: https://www.econbiz.de/10005034657
A liability rule determines whether and how much damage (liability) payments are to be made by the injurer(s) to the victim(s) of an accident. Damage awards are critical for the efficiency or otherwise of liability rules. One of the factors affecting damage awards and, as a consequence,...
Persistent link: https://www.econbiz.de/10005190323
While focus of the mainstream analysis of liability rules has been on negligence based liability, some recent works have recommended sharing of liability between the parties involved in an accident. In this paper, we study the implications of various approaches to liability assignment for the...
Persistent link: https://www.econbiz.de/10005190325
Product liability has acquired immense importance in the last 50 years. Various studies show that when consumers are imperfectly informed about the product related risk, the market mechanism will not lead to an efficient outcome and tort liability is required for economic efficiency. Many...
Persistent link: https://www.econbiz.de/10005418902
Negligence-based liability has been justified on the grounds of its efficiency properties. However, this approach towards liability assignment has been criticized in several recent writings. In a series of articles, causation-based apportionment of liability has been recommended, as an...
Persistent link: https://www.econbiz.de/10005418914
Efficiency property of liability rules when courts make errors in estimation of the harm suffered by the victim is studied. Effects of courts' errors on parties' behaviour regarding the levels of care they take to prevent the accident and their decisions to buy information about courts' errors...
Persistent link: https://www.econbiz.de/10005418921
Media reports abound on instances of prolonged delays and excessive cost overruns in infrastructure projects. Only a small number of projects get delivered in time and within the budget. Examples of successful project implementation, like construction of the Delhi Metro Rail, are few and appear...
Persistent link: https://www.econbiz.de/10008565786