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In the law and economics literature the question of efficiency of liability rules has primarily been analyzed in the … liability with the defense of contributory negligence are efficient, the rules of no liability and strict liability are not …
Persistent link: https://www.econbiz.de/10013038546
the case with toxic torts. Risk aversion and ambiguity aversion tend to have a similar impact on optimal liability rules … liability dominates negligence when the injurer has lower degrees of risk and ambiguity aversion than the victim and can … standard risk and ambiguity. Ambiguity arises when the causal link between conduct and harm is not univocal, as is frequently …
Persistent link: https://www.econbiz.de/10011703394
-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential …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 …
Persistent link: https://www.econbiz.de/10014023514
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
Courts apply compensatory damages, restitution, and punitive damages to formulate litigants' civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often...
Persistent link: https://www.econbiz.de/10013123105
This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self-serving bias, and studies the effects of damage caps. Our main findings are as follows. First, our results suggest that the defendant's bias decreases his expenditures on accident...
Persistent link: https://www.econbiz.de/10013099050
The previous literature on comparative and contributory negligence points out that administrative costs are higher under comparative negligence because the courts must decide on the degree of negligence by both parties and not just whether the parties were negligent. In this article, I show that...
Persistent link: https://www.econbiz.de/10013099304
this essay, we provide an overview of the economic approach to tort law, analyzing the effects of liability rules on care … incentives. We catalogue a variety of possible tort regimes, systematically breaking down possible assignments of liability in …
Persistent link: https://www.econbiz.de/10013064599
The Law & Economics movement has occasionally been a victim of its own success. Over the past four decades, it has generated an enormous specialist literature, often explicitly intended for other specialists. As is so often the case with increased specialization, the result has been escalating...
Persistent link: https://www.econbiz.de/10013066105
critically examine the role of exemplary damages in civil liability jurisprudence. Scope of the paper is limited to discuss in … detail about the concept of exemplary damages in tortious liability and its applications in India, The UK and in the USA …
Persistent link: https://www.econbiz.de/10013073209