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Eliciting Multi-Dimensional Care through Liability and Regulation

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  • Che Yeon-Koo

    (Department of Economics, Columbia University, New York, NY, USA)

Abstract

This paper examines the incentive performance of liability and regulation when a potential injurer can take two types of preventative care, one of which is observed and one of which is not. The problem is studied in a general asymmetric information model, where settlement behavior is endogenous and which incorporates an uncertain legal standard. Contrary to existing literature, we find (1) a shift to a negligence rule may have a perverse effect on unobserved care; (2) uncertainty in legal standards may be socially beneficial as it provides a relatively good incentive for unobserved care; (3) a regulation may not be effective if preventative care efforts are substitutes but is effective if they are complements; (4) an increase in settlement rate may or may not increase the level of care, depending on the cause of the increase; (5) a “decoupling” arrangement with a feature that the defendant pays more than the plaintiff recovers, reduces legal costs and is therefore socially beneficial.

Suggested Citation

  • Che Yeon-Koo, 2016. "Eliciting Multi-Dimensional Care through Liability and Regulation," Asian Journal of Law and Economics, De Gruyter, vol. 7(3), pages 279-303, December.
    • Handle: RePEc:bpj:ajlecn:v:7:y:2016:i:3:p:279-303:n:5
    DOI: 10.1515/ajle-2016-0029
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    References listed on IDEAS

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    1. 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.
    2. A. Mitchell Polinsky, 1986. "Detrebling versus Decoupling Antitrust Damages: Lessons from the Theory of Enforcement," NBER Working Papers 1846, National Bureau of Economic Research, Inc.
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