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Liability in tort and the regulation of safety are considered as means of controlling accident risks using the … instrumentalist, economic method of analysis.Four general determinants of the relative social desirability of liability and regulation … observed to be made between liability and regulation are, when broadly viewed, socially rational: Notably, activities that …
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In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there … create a risk for the environment. Moreover, we suggest that a joint use of liability and regulation should more frequently …
Persistent link: https://www.econbiz.de/10011668290
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 …
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's potential as a powerful tool within what might be called society's ‘ecosystem' of risk regulation …
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Regulation and the negligence rule are both designed to obtain compliance with desired standards of behavior, but they … differ in a primary respect: compliance with regulation is ordinarily assessed independently of the occurrence of harm … use of the negligence rule is triggered by harm, the rule enjoys an intrinsic enforcement cost advantage over regulation …
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distortions in environmental liability sharing between firms and insurance companies that the imperfect implementation of …. We characterize cases where the efficient liability sharing factor is above or below its full information perfect … implementation level. We derive comparative statics results indicating how sensitive the liability sharing factor is to changes in …
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