Liability Rules and Evolutionay Dynamics
We consider the convergence properties of behavior under a comparative negligence rule (CN) and under a rule of negligence with contributory negligence (NCN), assuming bilateral care with three care levels. Using an evolutionary model, we show that CN reduces the proportion of the population using low care more rapidly than does NCN. However NCN increases the proportion of the population using high (efficient) care more rapidly than does CN. As a result, the mean care level increases more rapidly and the mean social cost falls more rapidly under CN than under NCN.
|Date of creation:||10 Dec 2003|
|Date of revision:|
|Note:||Type of Document - pdf; prepared on win98; pages: 32. Published in Journal of Institutional and Theoretical Economics, 157 (4) Dec 2001|
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- Rea, Samuel Jr., 1987. "The economics of comparative negligence," International Review of Law and Economics, Elsevier, vol. 7(2), pages 149-162, December.
- Steven Shavell, 2003.
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9694, National Bureau of Economic Research, Inc.
- Wittman, Donald, et al, 1997. "Learning Liability Rules," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 145-64, January.
- Arlen, Jennifer H, 1992. "Liability for Physical Injury When Injurers as Well as Victims Suffer Losses," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(2), pages 411-26, April.
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