Abstract

http://ssrn.com/abstract=442041
 
 

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Errors and the Functioning of Tort Liability


Giuseppe Dari-Mattiacci


University of Amsterdam - Amsterdam Center for Law and Economics (ACLE); Tinbergen Institute


George Mason University Law & Economics, Research Paper Series No. 3-40
Supreme Court Economic Review, Vol. 13, No. , 2005

Abstract:     
The correct functioning of liability may be plagued by error in determining damages and in setting due care. This paper revises the literature on the topic and makes a distinction between those situations in which these two types of errors occur irrespective of each other and those in which they occur jointly. Three liability rules are considered: strict liability, the standard version of simple negligence without causation rule and the Grady-Kahan model of simple negligence with causation rule. It is shown that these liability rules perform differently only if the two types of errors occur separately. If they occur jointly, all liability rules yield the same equilibrium level of precaution.

Number of Pages in PDF File: 25

Keywords: tort, negligence, strict liability, causation

JEL Classification: K13

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Date posted: September 17, 2003  

Suggested Citation

Dari-Mattiacci, Giuseppe, Errors and the Functioning of Tort Liability. George Mason University Law & Economics, Research Paper Series No. 3-40; Supreme Court Economic Review, Vol. 13, No. , 2005. Available at SSRN: http://ssrn.com/abstract=442041 or http://dx.doi.org/10.2139/ssrn.442041

Contact Information

Giuseppe Dari-Mattiacci (Contact Author)
University of Amsterdam - Amsterdam Center for Law and Economics (ACLE) ( email )
Roeterstraat 11
Amsterdam, 1018WB
Netherlands
HOME PAGE: http://darimattiacci.acle.nl
Tinbergen Institute
Roetersstraat 31
Amsterdam, 1018 WB
Netherlands
HOME PAGE: http://scholar.google.com/citations?user=AuUfjxUAAAAJ&hl=en
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