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Economic Analysis of Law (Harvard University Press, 2003). In chapter 17, I consider the basic theory of litigation. Here I … chapter 18, I extend the basic theory of litigation, examining among other issues the bringing of negative value suits …, in chapter 19, I discuss several general aspects of the legal process not considered in the basic theory and its …
Persistent link: https://www.econbiz.de/10014088915
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
We argue that the common law standard of proof, given the rules of evidence, does not minimize expected error as usually argued in the legal literature, but may well be efficient from the standpoint of providing maximal incentives for socially desirable behavior. By contrast, civil law's higher...
Persistent link: https://www.econbiz.de/10005101073
We argue that the common law standard of proof, given the rules of evidence, does not minimize expected error as usually argued in the legal literature, but may well be efficient from the standpoint of providing maximal incentives for socially desirable behavior. By contrast, civil law's higher...
Persistent link: https://www.econbiz.de/10005696274
This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first … is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how …-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential …
Persistent link: https://www.econbiz.de/10014023514
I consider the efficiency of liability rules when courts obtain imperfect information about precautionary behavior. I …
Persistent link: https://www.econbiz.de/10005067689
Persistent link: https://www.econbiz.de/10012197605
Fundamental choices are to be made when fashioning a system or combination of systems concerning multi-party and collective relief (see section II of this article). These include:economic access to justice (section III), opt-out 'class' litigation (notably the status of `representatives' suing...
Persistent link: https://www.econbiz.de/10013058392
empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort …The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the … liability. The effect is to promote a system of self-regulation of accidents in the shadow of uncertain government pricing …
Persistent link: https://www.econbiz.de/10014052425
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/10005844236