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

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

reputational concerns are not strong enough, however, for injurers to willingly compensate their victims. Absent legal liability … enforced legal liability crowds out informal incentives completely (e.g., individuals causing harm suffer no stigma) but … precautions are then socially efficient. Under imperfectly enforced legal liability, formal legal sanctions and normative concerns …

I consider the efficiency of liability rules when courts obtain imperfect information about precautionary behavior. I …

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

This paper analyzes the cost and incentive properties of the standard of proof for a finding of negligence. In common … evidence is the only cost-and-incentive efficient standard of proof consistent with a negligence rule. <P> Cet article analyse …

We consider situations where legal liability yields insufficient incentives for socially efficient behavior, e …. We show that fault-based liability is generally more effective than strict liability in harnessing social image concerns …