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On the Optimal Scope of Negligence
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Giuseppe Dari-Mattiacci
Published/Copyright:
January 5, 2006
This article studies the optimal scope of negligence, considering which of the parties precautionary measures should be included in the determination of negligence and which instead should be omitted. The analysis shows that the optimal scope of negligence balances the gains derived from improved accident prevention with the administrative costs of the system. This approach also provides insights concerning not only the notions of care and activity level and their respective boundaries, but also the choice between strict liability and negligence.
Published Online: 2006-1-5
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- Making International Organizations More Democratic
- On the Optimal Scope of Negligence
- Caution, Children Crossing: Heterogeneity of Victim's Cost of Care and the Negligence Rule
- Singing Along: A Comment On Goldberg & Muris On the Three Tenors
- Discordant Notes: A Reply to Professor Wright