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Lenders' liability and ultra-hazardous activities

Author

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  • Gérard Mondello

    (UniCA - Université Côte d'Azur)

Abstract

The amendments made to CERCLA in 1996 reinforced the exemption of lenders that finance ultra-hazardous activities. Then, they become involved in liability only if they manage or own polluting activities. The paper compares strict liability and negligence rule in an agency model of vicarious liability type, and proposes to restore lenders as principal by applying negligence rules to them while operators would resort to a strict liability rule. This scheme leads the lender to propose to the borrower the most favorable loan level that induces the latter to provide the socially optimal security level.

Suggested Citation

  • Gérard Mondello, 2021. "Lenders' liability and ultra-hazardous activities," Post-Print halshs-03502693, HAL.
    • Handle: RePEc:hal:journl:halshs-03502693
    Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-03502693
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    References listed on IDEAS

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    More about this item

    Keywords

    Banks; Lenders; CERCLA; TORT LAW; ASYMETRIC INFORMATION; Strict Liability; Negligence Rule; Strict liability; negligence rule; moral hazard; judgment-proof; lenders; risky activities.;
    All these keywords.

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