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Comparative Causation -- A Re-examination

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Author Info
Ram Singh (Delhi School of Economics)

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Abstract

Negligence-based liability has been justified on the grounds of its efficiency properties. However, this approach towards liability assignment has been criticized in several recent writings. In a series of articles, causation-based apportionment of liability has been recommended, as an alternative basis for liability assignment. In an interesting paper, Parisi and Fon (2004) have studied various properties of the causation-based liability. In this paper, I review some of their propositions. The main aim of the paper, however, is to investigate the implications of the ‘alternative’ specification of liability. The paper shows that a combination of negligence-based and causation-based liability makes the diligence strategies dominant choice for the agents.

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Publisher Info
Paper provided by Centre for Development Economics, Delhi School of Economics in its series Working papers with number 139.

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Length: 23 pages
Date of creation: Aug 2005
Date of revision:
Handle: RePEc:cde:cdewps:139

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Related research
Keywords: liability rules negligence-based liability causation-based liability comparative causation economic efficiency

Find related papers by JEL classification:
K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Chung, Tai-Yeong, 1993. "Efficiency of Comparative Negligence: A Game Theoretic Analysis," Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 395-404, June.
    Other versions:
  2. Kahan, Marcel, 1989. "Causation and Incentives to Take Care under the Negligence Rule," Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 427-47, June.
  3. Edlin, Aaron S., 1994. "Efficient standards of due care: Should courts find more parties negligent under comparative negligence?," International Review of Law and Economics, Elsevier, vol. 14(1), pages 21-34, March. [Downloadable!] (restricted)
    Other versions:
  4. Steven Shavell, 2003. "Economic Analysis of Accident Law," NBER Working Papers 9694, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  5. Francesco Parisi, 2004. "Comparative Causation," American Law and Economics Review, Oxford University Press, vol. 6(2), pages 345-368.
  6. Yu-Ping Liao & Michelle J. White, 2002. "No-Fault for Motor Vehicles: An Economic Analysis," American Law and Economics Review, Oxford University Press, vol. 4(2), pages 258-294.
  7. Paul Burrows, 1999. "A Deferential Role for Efficiency Theory in Analysing Causation-Based Tort Law," European Journal of Law and Economics, Springer, vol. 8(1), pages 29-49, July. [Downloadable!] (restricted)
  8. Oren Bar-Gill & Omri Ben-Shahar, 2003. "The Uneasy Case for Comparative Negligence," American Law and Economics Review, Oxford University Press, vol. 5(2), pages 433-469, August.
  9. Feldman, Allan M. & Frost, John M., 1998. "A simple model of efficient tort liability rules," International Review of Law and Economics, Elsevier, vol. 18(2), pages 201-215, June. [Downloadable!] (restricted)
  10. Arlen, Jennifer H., 1990. "Re-examining liability rules when injurers as well as victims suffer losses," International Review of Law and Economics, Elsevier, vol. 10(3), pages 233-239, December. [Downloadable!] (restricted)
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This page was last updated on 2008-10-10.

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