Add to ORKGUnder the conventional tort law paradigm, a tortfeasor behaves unreasonably when two conditions are met: the tortfeasor could have averted the harm by investing in cost-effective precautions and failed to do so, and other, more cost-effective precautions were not available to the victim. Torts scholarship has long argued that making such a tortfeasor responsible for the ensuing harm induces optimal care. This Article shows that by applying the conventional analysis, courts create incentives for opportunistic investments in prevention. In order to shift liability to others, parties might deliberately invest in precautions even where such investments are inefficient. The Article presents two possible solutions to the problem. By instituting a...
Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity...
Under traditional tort rules, individuals exposed to toxic substances face significant obstacles to ...
Under prevailing tort law, an injurer who must choose between Course of Action A, which creates a ri...
Traditional economic models of tort law assign determinate roles to parties, modeling their behavior...
Potential defendants faced with the prospect of tort or tort-like damage actions can reduce their li...
Conventional wisdom in tort law maintains that the prevention of undesirable risks mandates restrict...
This Article considers the possibility of imposing liability in torts for a wrongfully created risk ...
Many tort cases are characterized by two interrelated elements: “role uncertainty”, which occurs whe...
Under prevailing tort law, an injurer who is required to choose between Course of Action A, which cr...
As Alicke and Govorun (The self in social judgment, Psychology Press, New York, 2005, p. 85) observe...
A tortfeasor who cannot fully pay for the harms that it causes is said to be judgment proof. Comme...
This Article argues that mass torts involving multiple tortfeasors can be welfare enhancing It begin...
As Alicke and Govorun (2005, p. 85) observed, “most people are average, but few people believe it.” ...
Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity...
Many tort cases are characterized by two interrelated elements: "role uncertainty", which occurs whe...
Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity...
Under traditional tort rules, individuals exposed to toxic substances face significant obstacles to ...
Under prevailing tort law, an injurer who must choose between Course of Action A, which creates a ri...
Traditional economic models of tort law assign determinate roles to parties, modeling their behavior...
Potential defendants faced with the prospect of tort or tort-like damage actions can reduce their li...
Conventional wisdom in tort law maintains that the prevention of undesirable risks mandates restrict...
This Article considers the possibility of imposing liability in torts for a wrongfully created risk ...
Many tort cases are characterized by two interrelated elements: “role uncertainty”, which occurs whe...
Under prevailing tort law, an injurer who is required to choose between Course of Action A, which cr...
As Alicke and Govorun (The self in social judgment, Psychology Press, New York, 2005, p. 85) observe...
A tortfeasor who cannot fully pay for the harms that it causes is said to be judgment proof. Comme...
This Article argues that mass torts involving multiple tortfeasors can be welfare enhancing It begin...
As Alicke and Govorun (2005, p. 85) observed, “most people are average, but few people believe it.” ...
Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity...
Many tort cases are characterized by two interrelated elements: "role uncertainty", which occurs whe...
Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity...
Under traditional tort rules, individuals exposed to toxic substances face significant obstacles to ...
Under prevailing tort law, an injurer who must choose between Course of Action A, which creates a ri...