Does Evidentiary Uncertainty Induce Excessive Injurer Care?

22 Pages Posted: 12 Jan 2004

See all articles by Yoon Ha Yoo

Yoon Ha Yoo

KDI School of Public Policy and Management

Date Written: February 2003

Abstract

We derive the precise conditions under which over- or under-compliance can take place under imperfect information about the care levels chosen by both injurer and victim in a tort litigation. The conditions identified turn out to be more complicated than are usually presumed in the literature. A correct evaluation requires us to consider both the pure uncertainty effect as well as the feedback effect. Properly done, the overall effects of uncertainty on care levels are always indeterminate, depending on various factors such as costs of care, the size of expected accident loss, the degree of dispersion and bias of the judgment error distribution.

Keywords: tort law, negligence rules, uncertainty

JEL Classification: K13

Suggested Citation

Yoo, Yoon Ha, Does Evidentiary Uncertainty Induce Excessive Injurer Care? (February 2003). Available at SSRN: https://ssrn.com/abstract=482943 or http://dx.doi.org/10.2139/ssrn.482943

Yoon Ha Yoo (Contact Author)

KDI School of Public Policy and Management ( email )

P.O. Box 184
Seoul, 130-868
Korea, Republic of (South Korea)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
51
Abstract Views
1,090
rank
508,951
PlumX Metrics