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Sollten Haftungsregeln durch Strafen ergänzt werden?

Author

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  • Schmitz, Patrick W.

Abstract

This article considers a bilateral externality problem, in which injurers and victims choose activity levels and levels of care. The incentive effects of liability rules and fines for harm done are analyzed. It is shown that in general socially optimal behaviour can only be induced if fines are imposed. However, if collusion between the injurer and the victim is possible, we cannot achieve more with the help of fines than with liability rules alone.

Suggested Citation

  • Schmitz, Patrick W., 1997. "Sollten Haftungsregeln durch Strafen ergänzt werden?," MPRA Paper 6937, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:6937
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    File URL: https://mpra.ub.uni-muenchen.de/6937/1/MPRA_paper_6937.pdf
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    References listed on IDEAS

    as
    1. Bengt Holmstrom, 1982. "Moral Hazard in Teams," Bell Journal of Economics, The RAND Corporation, vol. 13(2), pages 324-340, Autumn.
    2. Steven Shavell, 1984. "A Model of the Optimal Use of Liability and Safety Regulation," RAND Journal of Economics, The RAND Corporation, vol. 15(2), pages 271-280, Summer.
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    Cited by:

    1. Laszlo Goerke, 2003. "Road Traffic and Efficient Fines," European Journal of Law and Economics, Springer, vol. 15(1), pages 65-84, January.

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    JEL classification:

    • K1 - Law and Economics - - Basic Areas of Law

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