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Extensive literature has shown that assignment of liability for a single harm to multiple injurers undermines … precautions are often diluted. The dilution-of-liability concern has led theorists to propose sophisticated apportionment rules to … restore optimal incentives. This Article demonstrates, however, that shared liability also gives rise to the converse risk …
Persistent link: https://www.econbiz.de/10013251702
economics in the study of tort litigation institutions. Special attention is devoted to liability, litigation and tort reform …
Persistent link: https://www.econbiz.de/10014139770
This paper deals with legal damages if losses of chances are at stake. In response to disparate ad hoc rules that have emerged from legal practice in Europe, the present paper proposes a unifying principle to handle such cases. Quite generally, the purpose of a damages award is to compensate the...
Persistent link: https://www.econbiz.de/10010343921
The legal notion of damages requires to compare the actual value of the creditor's assets with the hypothetical value that would have prevailed if the debtor had met his obligation. Moreover, values and causation may be uncertain. If nature's contribution is modelled as a random move then the...
Persistent link: https://www.econbiz.de/10010343941
Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the standard is specific performance. The common law solution is ex post efficient. But is it also ex ante efficient? We use experimental methods to test whether knowing that...
Persistent link: https://www.econbiz.de/10011715408
This chapter reviews the theory of the voluntary public and private redistribution of wealth elaborated by economic … analysis in the last forty years or so. The central object of the theory is altruistic gift-giving, construed as benevolent … voluntary redistribution of income or wealth. The theory concentrates on lump-sum voluntary transfers, individual or collective …
Persistent link: https://www.econbiz.de/10014023678
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
This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to...
Persistent link: https://www.econbiz.de/10013083780
In this paper, we seek to demonstrate that, in the case of the public administration's liability for the property in … its custody, the rule of strict liability which seems to be accepted by the Italian Civil Code can be justified in terms … of efficiency only if we are trying to allocate risks in an optimal manner. The strict liability of the public …
Persistent link: https://www.econbiz.de/10012988965
In a full-information, zero transactions costs world, the degree of protection afforded to an entitlement does not affect the likelihood of efficient trade. In reality, imperfect information is often inevitable. Specifically, a party will usually have incomplete information about fairness norms...
Persistent link: https://www.econbiz.de/10011633871