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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
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 article examines the procedures for determining damages in tort cases and assesses the empirical characteristics of these damages. Damages for economic loss involve noncontroversial economic concepts that seek to make the victim whole from a financial standpoint. Nevertheless, there is...
Persistent link: https://www.econbiz.de/10013112559
This article examines the Private International Law (Choice of Law in Tort) Bill, referred to the New Zealand Justice and Electoral Select Committee at the end of 2016. The authors explore the potential effects of the Bill, such as the abolition of the double actionability rule, along with...
Persistent link: https://www.econbiz.de/10012893752
Author concerns himself with the question whether it is desirable that law only promotes economic goals. Acceptance of Posner's wealth maximization principle implicitly leads also to acceptance of current distribution of wealth and income. Calabresi doubts that acceptance of the latter is...
Persistent link: https://www.econbiz.de/10013057127
We extend the economic analysis of negligence and intervening causation to “two-sided causation” scenarios. In the two-sided causation scenario the effectiveness of the injurer's care depends on some intervention, and the risk of harm generated by the injurer's failure to take care depends...
Persistent link: https://www.econbiz.de/10013034656
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the … empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort … 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
We present a new model of negligence and causation and examine the influence of the negligence test, in the presence of intervening causation, on the level of care. In this model, the injurer’s decision to take care reduces the likelihood of an accident only in the event that some...
Persistent link: https://www.econbiz.de/10014043797
This Article looks at the respective roles of judges and juries in common law civil litigation and considers the legitimacy of both in light of our essential commitment to majoritarian politics. It concludes that the legitimacy of judicial rule making is highly suspect and can be justified when...
Persistent link: https://www.econbiz.de/10013159404
What role does defensive conduct play in a utilitarian theory of tort law? Why are rational (as opposed to instinctive …) defensive actions permitted by tort doctrine? To address these questions I will build on the property and liability rules … rules are socially preferable to liability rules in low transaction cost settings, because they obviate costly defensive …
Persistent link: https://www.econbiz.de/10013129164