Comparative Causation and Economic Efficiency: When Activity Levels are Constant
-
Ram Singh
In some recent works, negligence-based liability has been severely criticized. It has been argued that negligence-based liability does not form a convincing basis for liability assignment. Causation-based liability has been proposed as an alternative basis of liability determination. Parisi and Fon (2004) have studied the efficiency properties of the causal apportionment of liability. The authors have shown that when care levels as well as activity levels of the parties affect the causation of an accident, causation based liability does not provide efficient incentives for the parties. In this paper, we assume the activity levels to be constant. Under this assumption, we have demonstrated the existence of liability rules that are efficient and at the same time `consistent' with the requirement of causation liability. In addition, it is shown that under these rules the equilibrium outcome is unique. The analysis has been undertaken in a very general framework.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- The Law and Economics of Cedar-Apple Rust: State Action and Just Compensation in Miller v. Schoene
- Does Punishment Matter? A Refinement of the Inspection Game
- Optimal Law Enforcement when the Offender can Dispose of his Wealth
- Rationalizing Drennan: On Irrevocable Offers, Bid Shopping and Binding Range
- Searching for Efficient Enforcement: Officer Characteristics and Racially Biased Policing
- Redistribution Mechanisms
- Using the Event Study Methodology to Measure the Social Costs of Litigation - A Re-Examination Using Cases from the Automobile Industry
- Comparative Causation and Economic Efficiency: When Activity Levels are Constant
- Less Crime, More (Vulnerable) Victims: Game Theory and the Distributional Effects of Criminal Sanctions
- Property Rights to Radio Spectrum in Guatemala and El Salvador: An Experiment in Liberalization
- Economic Analysis of Law in North America, Europe and Israel
- Path Dependence or Convergence? The Evolution of Corporate Ownership Around the World
- On the Similarity of Bilateral Harm and Unilateral Harm with Role-Type Uncertainty
- The Division of Profit in Sequential Innovation for Probabilistic Patents
- Accuracy Enhancement, Agency Costs, and Disclosure Regulation
Artikel in diesem Heft
- Article
- The Law and Economics of Cedar-Apple Rust: State Action and Just Compensation in Miller v. Schoene
- Does Punishment Matter? A Refinement of the Inspection Game
- Optimal Law Enforcement when the Offender can Dispose of his Wealth
- Rationalizing Drennan: On Irrevocable Offers, Bid Shopping and Binding Range
- Searching for Efficient Enforcement: Officer Characteristics and Racially Biased Policing
- Redistribution Mechanisms
- Using the Event Study Methodology to Measure the Social Costs of Litigation - A Re-Examination Using Cases from the Automobile Industry
- Comparative Causation and Economic Efficiency: When Activity Levels are Constant
- Less Crime, More (Vulnerable) Victims: Game Theory and the Distributional Effects of Criminal Sanctions
- Property Rights to Radio Spectrum in Guatemala and El Salvador: An Experiment in Liberalization
- Economic Analysis of Law in North America, Europe and Israel
- Path Dependence or Convergence? The Evolution of Corporate Ownership Around the World
- On the Similarity of Bilateral Harm and Unilateral Harm with Role-Type Uncertainty
- The Division of Profit in Sequential Innovation for Probabilistic Patents
- Accuracy Enhancement, Agency Costs, and Disclosure Regulation