Comparative Causation and Economic Efficiency: When Activity Levels are Constant
AbstractIn 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.
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Bibliographic InfoArticle provided by De Gruyter in its journal Review of Law & Economics.
Volume (Year): 3 (2007)
Issue (Month): 2 (December)
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Web page: http://www.degruyter.com
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- FRANCESCO PARISI & Ram Singh, 2009. "Efficiency Of Equilibria Under Comparative Causation," Working papers 179, Centre for Development Economics, Delhi School of Economics.
- Ram Singh, 2008.
"On The Existence and Efficiency of Equilibria Under Liability Rules,"
- Ram Singh, 2006. "On the Existence and Efficiency of Equilibria Under Liability Rules," NBER Working Papers 12625, National Bureau of Economic Research, Inc.
- Ram Singh, 2006. "On the Existence and Efficiency of Equilibria under Liability Rules," Working papers 150, Centre for Development Economics, Delhi School of Economics.
- Ram Singh & Francesco Parisi, 2010.
"The Efficiency Of Comparative Causation,"
- Qi Zhou, 2009. "Economic analysis of the legal standard for deceit in English tort law," European Journal of Law and Economics, Springer, vol. 28(1), pages 83-102, August.
- Giuseppe Dari-Mattiacci & Bruno Lovat & Francesco Parisi, 2014. "Loss-sharing between Nonnegligent Parties," Working Papers of BETA 2014-06, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
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