Comparative Causation -- A Re-examination
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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- Chung, Tai-Yeong, 1993.
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93-218, University of California at Berkeley.
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- Francesco Parisi, 2004. "Comparative Causation," American Law and Economics Review, Oxford University Press, vol. 6(2), pages 345-368.
- 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.
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- 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.
- David Kaye & Mikel Aickin, 1984. "A Comment on Causal Apportionment," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 191-208, January.
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