Similar Search Results

Causation and the Incentives of Multiple Injurers

Lando, Henrik - 2018

Under the but-for requirement of causation, a tort injurer cannot be held liable for more than the difference between the loss the victim would have suffered if the injurer had not been negligent, and the loss actually suffered by the victim. We ask whether this causation requirement yields...

Persistent link: https://www.econbiz.de/10012933759

Book Review of 'Foundations of Economic Analysis of Law,' by Steven Shavell

Dionne, Georges - 2012

The book covers many subjects related to the economic analysis of basic law. It has twenty-nine chapters in seven parts or sections, a comprehensive list of references and two indexes (authors and subjects). Particular attention is devoted to the positive analysis of law, although the normative...

Persistent link: https://www.econbiz.de/10012713207

Economic Theory of Tort Law

Kaplan, Yotam - 2021

the heart of legal theory. Early economic analysis of tort law accomplished this fit through insistence on several … scholarship created a novel form of legal theory, intimately connecting legal scholarship with economic research. Once these … positive theory of tort law, which was the key element invigorating economic analysis as a legal theory …

Persistent link: https://www.econbiz.de/10013238499

Shared Liability and Excessive Care

Guttel, Ehud; Procaccia, Yuval; Winter, Eyal - 2021

Extensive literature has shown that assignment of liability for a single harm to multiple injurers undermines incentives for optimal care. As each potential injurer anticipates bearing only a fraction of the harm, incentives to take precautions are often diluted. The dilution-of-liability...

Persistent link: https://www.econbiz.de/10013251702

Negligence and Two-Sided Causation

Hylton, Keith N. - 2015

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

Law and Economics

Kelly, Daniel B. - 2021

Law and economics has had a significant impact on foundational private law subjects — property, contracts, and torts — as well as advanced private law areas. This chapter analyzes how law and economics influences private law and how New Private Law (NPL) is influencing law and...

Persistent link: https://www.econbiz.de/10013245034

The Economics of the Restatement and of the Common Law

Hylton, Keith N. - 2013

The common law process appears to have checks and balances that prevent the self-interest of a particular embedded actor (judge or lawyer) from having a substantial distortive effect. The question that follows is whether the Restatement project is also immune, to the same extent as the common...

Persistent link: https://www.econbiz.de/10013078079

The Law and Economics Approach to Property

Cole, Daniel H. - 2014

This short paper written for a symposium issue of the Property Law Review on "Research Methods in Property Law," provides a concise introduction to the ways in which property rights (and duties) structure economic relations and, in turn, are influenced by economic considerations. Among the...

Persistent link: https://www.econbiz.de/10013061274

Calabresi, Posner, and Some Common Areas of Confusion : The Value of Life in Law and Economics

Gerner-Beuerle, Carsten - 2011

The paper focuses on the problem of valuing human life, as advocated by economists and certain lawyers, and its implications for the computation of damages in tort law cases. It uses a statement by Richard Posner in order to illustrate the approach commonly employed in law and economics:...

Persistent link: https://www.econbiz.de/10012756271

Dispersed Losses in Tort Law – An Economic Analysis

Faure, Michael G. - 2020

From an economic perspective tort law is to serve two important functions: deterrence of wrongdoers and victim compensation. We can easily construct examples of torts leading to small and widespread harm for which it is questionable whether a rational victim will initiate an individual lawsuit....

Persistent link: https://www.econbiz.de/10012829901

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