Download Economics of Public and Tax Law (Encyclopedia of Law and by Boudewijn Bouckaert, Gerrit De Geest, PDF

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By Boudewijn Bouckaert, Gerrit De Geest,

This article is quantity IV of a five-volume reference paintings that surveys the full literature on legislations and economics. The entries encompass parts: a evaluate of the literature through an expert within the box and a bibliography which covers lots of the released fabric within the specific sector.

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These information requirements are difficult and costly to acquire. Moreover, the average costs of resolving claims tend to be 614 Strict Liability versus Negligence 3100 higher under negligence. A major drawback of the rule of strict liability in unilateral accidents, though, emerges when we relax the second assumption. Whenever damages are not perfectly compensatory, that is, compensation is below the level that would make the victim indifferent between the case of no accident and that of an accident with compensation, the potential injurer does not have an efficient incentive to exercise the socially optimal level of care.

The scope of harm and the size of judgements have become exceedingly expansive, and manufacturers pay extremely high premiums for products liability insurance to protect themselves against these awards. Many of them have withdrawn from the market entirely. This and various other results on the issue are presented by Priest (1991). Many economists and lawyers conclude that the tort system is in need of reform. Again, we need to understand the basic principles of how different liability regimes work to be able to evaluate the alternatives to reform.

One of the path-breaking studies in the development of the economic approach to tort is Calabresi (1970). The aim of tort law, he proposes, apart from the requirement for justice, is to minimise the social costs of a tort defined as the sum of total accident costs, administration costs, costs of properly allocating accident losses by means of insurance, and accident prevention costs of both the injurer and the victim. Again, the comparison between strict liability and negligence helps to determine which tort system is most suitable to improve welfare by, first, encouraging individuals to engage in safer activities by providing an incentive to do so, and second, encouraging individuals to make a given activity safer.

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