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In this paper, I consider how tort law and criminal law - conceived as interlocking and overlapping systems for protecting and upholding the legal rights people have against other people - should operate in a society where there are not enough public funds available to run those systems properly...
Persistent link: https://www.econbiz.de/10014138038
torts: from the basic decision to impose tort liability, through the choice between liability rules, to specific rules and … review focuses on contributions made to three key elements of tort law: the choice between liability regimes; the choice … between tort liability and regulation (including the choice between harm-based and risk-based liability); and damages (in …
Persistent link: https://www.econbiz.de/10014142309
In wrongful death cases, forensic economists consider personal consumption costs of a decedent when determining economic damages. Many previous consumption studies have ignored savings as delayed consumption in their figures. As a result, the economist’s deductions for a decedent’s...
Persistent link: https://www.econbiz.de/10014126657
law is the same as the theory that explains strict liability doctrine. The core function of both sets of doctrines is to … duty. This paper provides a positive economic theory of duty doctrine. The theory that best explains duty doctrines in tort … regulate the frequency or scale of activities that have substantial external effects. Strict liability aims to suppress or tax …
Persistent link: https://www.econbiz.de/10014059462
Legal liability for accidents determines the circumstances under which injurers must compensate injurers for harm. The … effects of liability on incentives to reduce risk, on risk-bearing and insurance (both direct coverage for victims and … liability coverage for injurers), and on administrative expenses are considered. Liability is also compared to other methods of …
Persistent link: https://www.econbiz.de/10014060476
This article uncovers the role of framing in the determination of negligence. Negligence disputes fall into two categories: cases in which injurers inflicted harm while seeking to avoid a loss to themselves (loss frame), and those in which they were seeking to obtain a personal gain (gain...
Persistent link: https://www.econbiz.de/10013294470
theory are manifold but include at the top of the list (my list, anyway): (1) critiquing the degree to which harms often (but …
Persistent link: https://www.econbiz.de/10013298624
The primary causal requirement that must be met for a negligent party to be held liable for a harm is a demonstration that the harm would not have occurred if the party had not been negligent. Thus, for a speeding driver to be found liable for harm done in a car accident, it must be shown that...
Persistent link: https://www.econbiz.de/10014287320
basis of the incentive effects of tort liability rules. Intent rules serve a regulatory function by internalizing costs …
Persistent link: https://www.econbiz.de/10014208568
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