Download This PaperAn Empirical Analysis of Apologies, Case Strength, and Case Outcomes in Torts
49 Pages Posted: 20 Jun 2017 Last revised: 16 Apr 2020
Date Written: April 15, 2020
Abstract
The advantages of wrongdoers offering apologies are well documented. At the same time, there is a fear that apologies will result in an adverse liability determination. Previous research has not taken the variety of evidence into account. This study analyzes the impact of apologies on the outcome of cases in relation to how strong or weak a case is. After analyzing 1,229 cases of sexual abuse by the Catholic Church, it is found that the available evidence is by far the main predictor of the outcome of the case as well as for apologies being offered (apologies likely when the evidence is strong, far less likely when the evidence is weak). The findings do, however, suggest that offering apologies increases the probability of an adverse liability determination, even when accounting for the strength of the evidence and other effects. The results provides support for the claim that an adverse liability determination in civil litigation cases as a result of offering apologies prior to the decision is warranted. The implications of the findings are discussed.
Keywords: Apologies, Admission of Fault, Court Decision, Victim-Oriented, Tort Law, Sexual Abuse, Empirical
JEL Classification: K13
Suggested Citation: Suggested Citation