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Comparative Vigilance: a Simple Guide

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Author Info
Allan M Feldman
Ram Singh

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Abstract

In this paper we discuss a new tort liability rule, which we call super-symmetric comparative negligence and vigilance. When both injurer and victim in an accident are negligent, it provides for liability shares that depend on the degrees of negligence of the two parties, similar to the standard comparative negligence rule. Unlike standard liability rules, however, when both parties are vigilant (i.e., taking more care than is efficient), the rule provides for liability shares that depend on the parties’ degrees of vigilance. Moreover, when one party is negligent and the other is non-negligent, our rule provides for variable liability shares, that respond to both carefulness and carelessness of the parties. Our liability rule is equitable; it has no discontinuity at the efficient point where both parties are just meeting their standards of care; and it provides incentives that guarantee the injurer and victim will choose the efficient care levels. This paper does not include theorems and proofs; rather it explains the results with the aid of a simple example, laid out in an easy 3 x 3 table.

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Publisher Info
Paper provided by Brown University, Department of Economics in its series Working Papers with number 2008-11.

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Date of creation: 2008
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Handle: RePEc:bro:econwp:2008-11

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Postal: Department of Economics, Brown University, Providence, RI 02912

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Related research
Keywords: Comparative vigilance; equity; economic efficiency; tort liability rules; Nash equilibrium; social costs; pure comparative vigilance; super-symmetric rule;

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References listed on IDEAS
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  1. Allan M Feldman & Ram Singh, 2008. "Comparative Vigilance," Working Papers 2008-9, Brown University, Department of Economics. [Downloadable!]
    Other versions:
  2. Kahan, Marcel, 1989. "Causation and Incentives to Take Care under the Negligence Rule," Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 427-47, June.
  3. Ram Singh, 2006. "On the Existence and Efficiency of Equilibria Under Liability Rules," NBER Working Papers 12625, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  4. Marks, Stephen, 1994. "Discontinuities, Causation, and Grady's Uncertainty Theorem," Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 287-301, January.
  5. Kim, Jeonghyun & Feldman, Allan M., 2006. "Victim or injurer, small car or SUV: Tort liability rules under role-type uncertainty," International Review of Law and Economics, Elsevier, vol. 26(4), pages 455-477, December. [Downloadable!] (restricted)
  6. Miceli, Thomas J., 1996. "Cause in fact, proximate cause, and the hand rule: Extending Grady's positive economic theory of negligence," International Review of Law and Economics, Elsevier, vol. 16(4), pages 473-482, December. [Downloadable!] (restricted)
  7. Francesco Parisi, 2004. "Comparative Causation," American Law and Economics Review, Oxford University Press, vol. 6(2), pages 345-368.
  8. Jeonghyun Kim, 2004. "A Complete Characterization of Efficient Liability Rules: Comment," Journal of Economics, Springer, vol. 81(1), pages 61-75, 01. [Downloadable!] (restricted)
  9. Rea, Samuel Jr., 1987. "The economics of comparative negligence," International Review of Law and Economics, Elsevier, vol. 7(2), pages 149-162, December. [Downloadable!] (restricted)
  10. Oren Bar-Gill & Omri Ben-Shahar, 2003. "The Uneasy Case for Comparative Negligence," American Law and Economics Review, Oxford University Press, vol. 5(2), pages 433-469, August.
  11. Feldman, Allan M. & Frost, John M., 1998. "A simple model of efficient tort liability rules," International Review of Law and Economics, Elsevier, vol. 18(2), pages 201-215, June. [Downloadable!] (restricted)
  12. Kaplow, Louis, 1995. "A Model of the Optimal Complexity of Legal Rules," Journal of Law, Economics and Organization, Oxford University Press, vol. 11(1), pages 150-63, April.
  13. Allan M. Feldman & Jeonghyun Kim, 2002. "The Hand Rule and United States v. Carroll Towing Co. Reconsidered," Working Papers 2002-27, Brown University, Department of Economics. [Downloadable!]
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