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Expected Accidents Losses |
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Marginal Cost of Precaution |
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Induces too little care by the injurer - only the victim will invest in precaution |
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L=A
Strictliability induces the efficient amount of care by the injurer and the victime will chose to take no care |
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It is efficient for both parties to take care |
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If the standard of care is met, the injurer is not liable
Injurer has the dominant strategy to invest in e*
If met costs are only Wx
The victim will also invest in e* level of care to minimize costs since she knows the injurer has met their duty
Injurer is only liable for leftmost boxes where x* isnt met |
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Negligence with defense of contributory negligence |
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The injurer is only liable when the victime takes care and the injurer does not
Top Left box
As long as the injurer takes care, he is not liable
If they both do not take care, he is not liable |
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Strict Liability with Defense of Contributory Negligence |
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The injurer is always liable if the victim met efficient level
If victim fails to meet level of care, injurer is not liable |
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Strict Liability with Dual Contributory negligence |
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Injurer is not liable if he took care and the victim did not
He is liable if they both failed to take care, and whenever the victim took care
Not liable for bottom right box |
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If the burden of precaution is less than the P(x)A
then it is efficient to take care |
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a situation in which both parties can take precaution and efficiency requires only one of them to do so |
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overestimate the effects of untaken precaution on the probability of accidents that actually occured
may cause potential injurers to take more precaution than they really believe to be necessary |
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Proving Causation is easier than proving negligence |
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If damages of the court persistently fall short |
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the injurer will be incentivized to take less precaution in the future than is necessary under a rule of strict liability |
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There is no effect on the injurer's precaution unless the error is extremely large |
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What is the price under a rule of strict liability?
No liability? |
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It is the actual social cost
Or, it is the cost that is seen by the consumer |
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ex-ante enforcement by administrators |
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ex-post liability by victims |
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The insurance company stands in place of the injurer and you cannot collect twice |
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it covers medical costs but not pain |
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a private system of liability law that reallocates the cost of accidents according to contracts etween insurer and insured |
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A rule of no liability causes victims to |
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buy more insurance, and a rule of strict libability causes injurers to buy more insurance |
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Transfering risk to the insurance company |
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externalizing the risk gives the insured an incentive to reduce precaution - moral hazard |
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the insured pays a fixed percent of his accidents losses |
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if you make a claim in year two
your insurance will likely increase in year 3 -> reduce but do not eliminate moral hazard |
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provides the victims with insurance against pain and suffering that they would not buy for themselves |
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Increase in insurance premiums
Adverse selection |
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drives out good risks while retaining bad risks thus increasing the price |
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firms convert expected income into securities and sell them to investors. After securitizing the future income belongs to the owners of the securities so tort victims cannot tap this as a source of compensation |
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Imperfect solutions to insolvency |
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cumpolsory insurance, posting bond, replacing ex-post liability with ex-ante regulation
Replace rule of strict liability with negligence |
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If litigation costs are too high for the victim |
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Definition
Victims wont make claims, and the injurers wont get the signal that what they are doing is unacceptable.
they will as a result take less precaution and there will be many accidents |
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If litigation costs are too high for the injurer |
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they make take additional precaution - there should be fewer accidents |
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The injurer has a third party take liability - like a parent. or an employee has a respondeat superior
Incentivizes care because employers are more likely to make sure there employees are properly trained |
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Negligent Vicarious Liability |
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If the captain can prove that he carefully monitored the sailor, he escapes liability |
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if you can sue A and B at once |
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if you can sue A and B seperately |
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the recovery is limited to 100 percent under jointly and severally liable
this makes the defendants responsible for figuring out who is liable |
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makes all defendants internalize the costs of an accident - thus creating incentives for optimal precaution by each of them.
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creates incentive for each defendant to internalize part of the accident and to externalize part of the cost.
may not create incentive for efficient precaution
Law favors this because eager victims might go after the injurer with the most money
This increases incenrtives for those with shallow pockets and their precaution reduces accidents the most |
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if design of automobile gas tanks made them liable to explode |
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product was missing a part |
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manufacturer fails to warn consumers of the danger |
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can be awarded when the defendants behavior is malicious, oppressive, gross, willful wanton or fraudulent |
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when someone slips or falls on the premises |
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1995 Civil justice reform act |
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a cap on non-economic damages of 500,000$ and limited punitive damages t0 three times compensatory |
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Large number of tort claims come in at once - like for earth quake insurance
Liability law does not cover exposure to risk, only actually aquiring something |
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ALL MANUFACTURERS WHO MIGHT HAVE BEEN SELLING des WOULD SHARE LIABILITY IN PROPORTION TO THEIR MARKET SHARES |
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