Showing 1 - 10 of 793,684
In the economic analysis of liability law, information about accident risk and how it can be influenced by precautions … is commonly taken for granted. However, a profound understanding of the relationship between care and accident risk often … strict liability and negligence, showing that liability law may not induce efficient incentives. …
Persistent link: https://www.econbiz.de/10011325781
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
directly contrasts the intent of the Montreal Convention's creators, who wanted to limit carrier liability to foster the …
Persistent link: https://www.econbiz.de/10013001071
behavioural literature for liability law and insurance are discussed and a few concluding remarks address what the most important …
Persistent link: https://www.econbiz.de/10014185299
We consider the optimal liability rule in the case of accidents by fully autonomous vehicles. We show that when due … activity is not enforceable, it is socially optimal to apply the strict liability rule to the human operator who determines the … comparative negligence in the unilateral activity case. Under the joint and several liability rule, both the manufacturer and the …
Persistent link: https://www.econbiz.de/10014358293
the case with toxic torts. Risk aversion and ambiguity aversion tend to have a similar impact on optimal liability rules … liability dominates negligence when the injurer has lower degrees of risk and ambiguity aversion than the victim and can … standard risk and ambiguity. Ambiguity arises when the causal link between conduct and harm is not univocal, as is frequently …
Persistent link: https://www.econbiz.de/10011703394
In the law and economics literature liability is generally regarded as an instrument which provides potential … tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those … of the art. After setting out the economic functions of liability rules and regulation the effects of missing information …
Persistent link: https://www.econbiz.de/10012947880
breach theory or the best risk bearer model. The conclusion is that in the Italian legal system there is a discipline that … could be considered as a form of “modified” efficient breach theory, according to which judges can decide to terminate …
Persistent link: https://www.econbiz.de/10012934685
In the law and economics literature the question of efficiency of liability rules has primarily been analyzed in the … liability with the defense of contributory negligence are efficient, the rules of no liability and strict liability are not …
Persistent link: https://www.econbiz.de/10013038546
In a world with risk-neutral agents, liability rules will only induce efficient behaviour if these rules impose the …
Persistent link: https://www.econbiz.de/10011408443