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We analyze liability rules in a setting where injurers are potentially insolvent and where negligence standards may … deviate from the socially optimal level. We show that proportional liability, which sets the measure of damages equal to the … negligence-based rules. Moreover, proportional liability outperforms strict liability if the standard of due care is not set too …
Persistent link: https://www.econbiz.de/10003909313
This paper deals with legal damages if losses of chances are at stake. In response to disparate ad hoc rules that have emerged from legal practice in Europe, the present paper proposes a unifying principle to handle such cases. Quite generally, the purpose of a damages award is to compensate the...
Persistent link: https://www.econbiz.de/10010343921
Persistent link: https://www.econbiz.de/10011979993
In the theory of public enforcement of law the choice of the liability rules is between strict liability and fault …-based liability. In this paper, we study the determinants of compliance when in addition to standard economic incentives wrongdoers …
Persistent link: https://www.econbiz.de/10011924592
Persistent link: https://www.econbiz.de/10011747208
We analyze liability rules in a setting where injurers are potentially insolvent and where negligence standards may … deviate from the socially optimal level. We show that proportional liability, which sets the measure of damages equal to the … negligence-based rules. Moreover, proportional liability outperforms strict liability if the standard of due care is not set too …
Persistent link: https://www.econbiz.de/10010334126
We analyze liability rules in a setting where injurers are potentially insolvent and where negligence standards may … deviate from the socially optimal level. We show that proportional liability, which sets the measure of damages equal to the … negligence-based rules. Moreover, proportional liability outperforms strict liability if the standard of due care is not set too …
Persistent link: https://www.econbiz.de/10008458489
Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is … externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability …
Persistent link: https://www.econbiz.de/10011349185
Persistent link: https://www.econbiz.de/10010231135
and by considering individuals' situation and economic circumstances. The economic theory provides determinants that are … obligations of insurance intermediaries and a liability rule to sanction violations. In order to interpret and substantiate the …
Persistent link: https://www.econbiz.de/10010371522