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The Role of Social Image Concerns in the Design of Legal Regimes

Deffains, Bruno - 2013

. We show that fault-based liability is generally more effective than strict liability in harnessing social image concerns … decisions and therefore the stigma attached to an adverse judgment. If fault is a rare event, plaintiffs or prosecutors should … bear the burden of proving the defendant's fault; otherwise there are cases where defendants should prove compliance with …

Persistent link: https://www.econbiz.de/10013077010

Legal versus Normative Incentives under Judicial Error

Deffains, Bruno; Fluet, Claude - Centre Interuniversitaire sur le Risque, les Politiques … - 2007

some of the differences between common law and civil law regarding the notions of fault or negligence. Our analysis also …

Persistent link: https://www.econbiz.de/10005015241

Legal Versus Normative Incentives Under Judicial Error

Deffains, Bruno; Fluet, Claude - 2007

some of the differences between common law and civil law regarding the notions of fault or negligence. Our analysis also …

Persistent link: https://www.econbiz.de/10014225035

The Future of Corporate Criminal Liability : Watching the ESG Space

Nelson, J.S - 2022

The future of corporate criminal liability in the U.S. and around the world may be for failure to adequately act on environmental, social, and governance (ESG) issues. In Europe and elsewhere, courts have found a fundamental right or the equivalent to protection from climate change. That right...

Persistent link: https://www.econbiz.de/10013406348

Preponderance of Evidence

Demougin, Dominique; Fluet, Claude - 2002

This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when …

Persistent link: https://www.econbiz.de/10010315376

Preponderance of Evidence

Demougin, Dominique; Fluet, Claude - CESifo - 2002

This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when …

Persistent link: https://www.econbiz.de/10005051493

Chapter 6 The Theory of Public Enforcement of Law

Polinsky, A. Mitchell; Shavell, Steven - In: Handbook of law and economics : volume 1, (pp. 403-454). 2007

imprisonment term, or a combination of the two? Should the rule of liability be strict or fault-based? If violators are caught only …

Persistent link: https://www.econbiz.de/10014023510

Towards a European Directive on Damages Actions

Maier-Rigaud, Frank - IÉSEG School of Management, Université Catholique de Lille - 2013

This paper critically reviews the European Commission’s proposed Directive on future rules concerning actions for damages for competition law infringements under national law. It is argued that the proposal underestimates the importance of loss of profits induced by increased prices and does...

Persistent link: https://www.econbiz.de/10010854437

Efficient court decisions and limiting insurers's right of recourse : the case of custodian liability in the Netherlands and Belgium

Mot, Jef de; Visscher, Louis - In: The Geneva papers on risk and insurance - issues and … 39 (2014) 3, pp. 527-544

Persistent link: https://www.econbiz.de/10010502937

Tort liability and unawareness

Chakravarty, Surajeet; Kelsey, David; Teitelbaum, Joshua C. - 2018

Persistent link: https://www.econbiz.de/10011898905