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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 take into account stigmatization costs. In this...
Persistent link: https://www.econbiz.de/10011924592
Proponents of environmental policies based on liability assert that strict liability imposed on polluters induces firms to handle hazardous wastes properly. We run regressions relating unintended pollution releases to strict liability imposed on polluters, exploiting variation across states and...
Persistent link: https://www.econbiz.de/10005589991
Proponents of environmental policies based on liability assert that strict liability imposed on the polluter will induce firms to handle hazardous wastes properly and to avoid disposing them into the environment. Economic theory and a few well-publicized cases, however, suggest that a number of...
Persistent link: https://www.econbiz.de/10005232885
This paper analyzes deterrence, settlement, and litigation spending under two alternative procedural regimes, i.e., the … adversarial versus inquisitorial systems. We present a general litigation model with three sequential stages---care, settlement …, and litigation stages---and we test the predictions using experimental data. In line with the theory, the inquisitorial …
Persistent link: https://www.econbiz.de/10013214493
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011334453
Shavell (1980) established that all existing tort regimes fail to incentivize optimal activity levels. The bearer of residual loss adopts a socially optimal activity level, however the non-bearer of residual loss will adopt an excessive level of activity. In this paper, we explore alternative...
Persistent link: https://www.econbiz.de/10010759890
This paper examines products liability when consumers have private information about their susceptibilities to product-related harm. In this case, it is efficient for consumers to self-select in their purchases, with those especially prone to harm refraining from purchase. Achieving this outcome...
Persistent link: https://www.econbiz.de/10010888344
harm under the negligence standard of liability. Under strict liability, however, firms are indifferent about revealing …
Persistent link: https://www.econbiz.de/10010878025
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 take into account stigmatization costs. In this...
Persistent link: https://www.econbiz.de/10011924777
analysis finds that all liability regimes (strict liability, no liability, and negligence based on the socially-efficient due … authorities or regulators). Strict liability is a resilient policy; no liability and negligence are not resilient. Thus, we …
Persistent link: https://www.econbiz.de/10009421453