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An Economic Analysis of A Hybrid Liability Rule

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  • Harold Winter

Abstract

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.

Suggested Citation

  • Harold Winter, 2002. "An Economic Analysis of A Hybrid Liability Rule," Economic Inquiry, Western Economic Association International, vol. 40(4), pages 704-710, October.
    • Handle: RePEc:oup:ecinqu:v:40:y:2002:i:4:p:704-710
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    Cited by:

    1. González, Patrick, 2003. "Optimal Assignment of Liabilities," Cahiers de recherche 0305, Université Laval - Département d'économique.

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