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Efficient Standards of Due Care: Should Courts Find More Parties Negligent Under Comparative Negligence?

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Author Info

  • Aaron S. Edlin.

Abstract

We show that negligence standards should differ under comparative and contributory negligence regimes. If due care standards are allowed to vary with the laws of a jurisdiction, then comparative and contributory negligence may be equally efficient, even in a model with evidentiary uncertainty. It is commonly observed that jurors are naturally inclined to be more lenient to plaintiffs on the issue of plaintiff negligence in contributory negligence jurisdictions. We show that such lenience may actually be efficient in addition to satisfying jurors' senses of equity. A similar conclusion applies to defendants.

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Bibliographic Info

Paper provided by University of California at Berkeley in its series Economics Working Papers with number 93-218.

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Date of creation: 01 Oct 1993
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Handle: RePEc:ucb:calbwp:93-218

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Postal: University of California at Berkeley, Berkeley, CA USA
Phone: 510-642-0822
Fax: 510-642-6615
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Web page: http://www.haas.berkeley.edu/groups/iber/wps/econwp.html
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Cited by:
  1. Olbrich, Anja, 2008. "Heterogeneous physicians, lawsuit costs, and the negligence rule," International Review of Law and Economics, Elsevier, vol. 28(1), pages 78-88, March.
  2. FRANCESCO PARISI & Ram Singh, 2009. "Efficiency Of Equilibria Under Comparative Causation," Working papers 179, Centre for Development Economics, Delhi School of Economics.
  3. Steven Shavell, 2005. "Liability for Accidents," NBER Working Papers 11781, National Bureau of Economic Research, Inc.
  4. Marie-Cécile Fagart & Claude Fluet, 2009. "Liability insurance under the negligence rule," RAND Journal of Economics, RAND Corporation, vol. 40(3), pages 486-508.
  5. Kim, Jeonghyun & Feldman, Allan M., 2006. "Victim or injurer, small car or SUV: Tort liability rules under role-type uncertainty," International Review of Law and Economics, Elsevier, vol. 26(4), pages 455-477, December.
  6. Anja Olbrich, 2008. "The optimal negligence standard in health care under supply-side cost sharing," International Journal of Health Care Finance and Economics, Springer, vol. 8(2), pages 73-85, June.
  7. Claude Fluet, 2006. "Liability Rules under Evidentiary Uncertainty," Cahiers de recherche 0606, CIRPEE.
  8. Ram Singh & Francesco Parisi, 2010. "The Efficiency Of Comparative Causation," Working Papers id:2681, eSocialSciences.
  9. Ram Singh, 2006. "On the Existence and Efficiency of Equilibria Under Liability Rules," NBER Working Papers 12625, National Bureau of Economic Research, Inc.
  10. G. Dari Mattiacci & G.G.A. de Geest, 2004. "The Filtering Effect of Sharing Rules," Working Papers 04-17, Utrecht School of Economics.
  11. Innes, Robert, 2004. "Enforcement costs, optimal sanctions, and the choice between ex-post liability and ex-ante regulation," International Review of Law and Economics, Elsevier, vol. 24(1), pages 29-48, March.
  12. Ram Singh, 2005. "Comparative Causation -- A Re-examination," Working papers 139, Centre for Development Economics, Delhi School of Economics.

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