This article considers a legal setting with a tort liability rule that includes both a care-based component (such as negligence) and a non--care-based component (such as no liability). Children trespassers are sometimes protected by a doctrine known as attractive nuisance. Attractive nuisance acts as a hybrid liability rule in its application--it applies the negligence rule to accidents involving some types of children, and the no-liability rule to accidents involving other types of children. A standard economic model of torts is applied to a trespass setting, and the potential efficiency of a hybrid liability rule is examined. Copyright 2002, Oxford University Press.
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Article provided by Oxford University Press in its journal Economic Inquiry.
Volume (Year): 40 (2002) Issue (Month): 4 (October) Pages: 704-710 Download reference. The following formats are available: HTML
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