Efficient Standards of Due Care: Should Courts Find More Parties Negligent Under Comparative Negligence?
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.
To our knowledge, this item is not available for
download. To find whether it is available, there are three
1. Check below under "Related research" whether another version of this item is available online.
2. Check on the provider's web page whether it is in fact available.
3. Perform a search for a similarly titled item that would be available.
|Date of creation:||01 Oct 1993|
|Contact details of provider:|| Postal: University of California at Berkeley, Berkeley, CA USA|
Web page: http://www.haas.berkeley.edu/groups/iber/wps/econwp.html
More information through EDIRC
|Order Information:|| Postal: IBER, F502 Haas Building, University of California, Berkeley CA 94720-1922|
When requesting a correction, please mention this item's handle: RePEc:ucb:calbwp:93-218. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Christopher F. Baum)
If references are entirely missing, you can add them using this form.