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Strict Liability, Capped Strict Liability, and Care Effort under Asymmetric Information

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  • Gérard Mondello

Abstract

This paper compares the effectiveness of regimes of strict liability and capped strict liability in an agency relationship among a regulatory agency and operators of risky activities. Under an assumption of double asymmetric information (wealth and efficiency in care effort), it shows that capping liability is more efficient than keeping with strict liability, this at the price of an informational rent. Efficiency means that the efficient agent supplies the level of safety effort equivalent to that in the first-best solution. At the optimum, the rent is minimized by the efficient contract supplied by the principal.

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Bibliographic Info

Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.

Volume (Year): 168 (2012)
Issue (Month): 2 (June)
Pages: 232-251

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Handle: RePEc:mhr:jinste:urn:sici:0932-4569(201206)168:2_232:slcsla_2.0.tx_2-9

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  1. Dari-Mattiacci, Giuseppe & De Geest, Gerrit, 2006. "When will judgment proof injurers take too much precaution?," International Review of Law and Economics, Elsevier, vol. 26(3), pages 336-354, September.
  2. Dieter Balkenborg, 2001. "How Liable Should a Lender Be? The Case of Judgment-Proof Firms and Environmental Risk: Comment," American Economic Review, American Economic Association, vol. 91(3), pages 731-738, June.
  3. Boyer, Marcel & Laffont, Jean-Jacques, 1994. "Environmental Risks and Bank Liability," IDEI Working Papers 45, Institut d'Économie Industrielle (IDEI), Toulouse.
  4. Marcel Boyer & Donatella Porrini, 2007. "Sharing Liability Between Banks and Firms: The Case of Industrial Safety Risk," CIRANO Working Papers 2007s-04, CIRANO.
  5. Hiriart, Yolande & Martimort, David, 2004. "Environmental Risk Regulation and Liability under Adverse Selection and Moral Hazard," IDEI Working Papers 256, Institut d'Économie Industrielle (IDEI), Toulouse.
  6. Miceli, Thomas J. & Segerson, Kathleen, 2003. "A note on optimal care by wealth-constrained injurers," International Review of Law and Economics, Elsevier, vol. 23(3), pages 273-284, September.
  7. Guiseppe Dari-Mattiacci, 2006. "Limiting Limited Liability," Tinbergen Institute Discussion Papers 06-070/1, Tinbergen Institute.
  8. Tsuyoshi Toshimitsu & Naoto Jinji, 2007. "Quality Differentiation, Welfare, And The Mode Of Competition In A Vertically Differentiated Product Market: A Note," The Japanese Economic Review, Japanese Economic Association, vol. 58(3), pages 407-416.
  9. BOYER, Marcel, 1995. "Environmental Protection Producer Insolvency and Lender Liability," Cahiers de recherche 9557, Universite de Montreal, Departement de sciences economiques.
  10. T. Randolph Beard, 1990. "Bankruptcy and Care Choice," RAND Journal of Economics, The RAND Corporation, vol. 21(4), pages 626-634, Winter.
  11. Heyes, Anthony G, 1996. "Lender Penalty for Environmental Damage and the Equilibrium Cost of Capital," Economica, London School of Economics and Political Science, vol. 63(250), pages 311-23, May.
  12. Yolande Hiriart & David Martimort, 2006. "The benefits of extended liability," RAND Journal of Economics, RAND Corporation, vol. 37(3), pages 562-582, 09.
  13. Faure, Michael & Wang, Hui, 2008. "Financial caps for oil pollution damage: A historical mistake?," Marine Policy, Elsevier, vol. 32(4), pages 592-606, July.
  14. Schmitz, Patrick W., 2000. "On the joint use of liability and safety regulation," International Review of Law and Economics, Elsevier, vol. 20(3), pages 371-382, September.
  15. repec:ebl:ecbull:v:11:y:2006:i:1:p:1-7 is not listed on IDEAS
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