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On the Optimal Scope of Negligence

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  • Dari-Mattiacci Giuseppe

    (Universiteit van Amsterdam; George Mason University)

Abstract

This article studies the optimal scope of negligence, considering which of the parties' precautionary measures should be included in the determination of negligence and which instead should be omitted. The analysis shows that the optimal scope of negligence balances the gains derived from improved accident prevention with the administrative costs of the system. This approach also provides insights concerning not only the notions of care and activity level and their respective boundaries, but also the choice between strict liability and negligence.

Suggested Citation

  • Dari-Mattiacci Giuseppe, 2006. "On the Optimal Scope of Negligence," Review of Law & Economics, De Gruyter, vol. 1(3), pages 331-364, January.
    • Handle: RePEc:bpj:rlecon:v:1:y:2006:i:3:n:2
    DOI: 10.2202/1555-5879.1004
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    References listed on IDEAS

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    1. Hylton, Keith N., 1990. "The influence of litigation costs on deterrence under strict liability and under negligence," International Review of Law and Economics, Elsevier, vol. 10(2), pages 161-171, September.
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    5. Miceli, Thomas J & Segerson, Kathleen, 1991. "Contingent Fees for Lawyers: The Impact on Litigation and Accident Prevention," The Journal of Legal Studies, University of Chicago Press, vol. 20(2), pages 381-399, June.
    6. Kahan, Marcel, 1989. "Causation and Incentives to Take Care under the Negligence Rule," The Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 427-447, June.
    7. Gilles, Stephen G, 1992. "Rule-Based Negligence and the Regulation of Activity Levels," The Journal of Legal Studies, University of Chicago Press, vol. 21(2), pages 319-363, June.
    8. Kahan, Marcel & Tuckman, Bruce, 1995. "Special levies on punitive damages: Decoupling, agency problems, and litigation expenditures," International Review of Law and Economics, Elsevier, vol. 15(2), pages 175-185, June.
    9. Miceli, Thomas J., 1997. "Economics of the Law: Torts, Contracts, Property, Litigation," OUP Catalogue, Oxford University Press, number 9780195103908.
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    Cited by:

    1. Eric Langlais & Andreea Cosnita-Langlais, 2022. "Incentives to differentiate under environmental liability laws : Product customization and precautionary effort," EconomiX Working Papers 2022-20, University of Paris Nanterre, EconomiX.
    2. Pablo Salvador-Coderch & Nuno Garoupa & Carlos Gómez-Ligüerre, 2009. "Scope of liability: the vanishing distinction between negligence and strict liability," European Journal of Law and Economics, Springer, vol. 28(3), pages 257-287, December.
    3. Tim Friehe & Avraham Tabbach, 2014. "Judgment Proofness and the Choice between Monetary and Nonmonetary Care," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 170(2), pages 249-274, June.
    4. Giuseppe Dari-Mattiacci & Bruno Lovat & Francesco Parisi, 2014. "Loss-Sharing between Nonnegligent Parties," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 170(4), pages 571-598, December.
    5. Baumann, Florian & Rasch, Alexander, 2020. "Product liability and reasonable product use," ZEW Discussion Papers 20-071, ZEW - Leibniz Centre for European Economic Research.
    6. Nuno Garoupa & Thomas S. Ulen, 2013. "The economics of activity levels in tort liability and regulation," Chapters, in: Thomas J. Miceli & Matthew J. Baker (ed.), Research Handbook on Economic Models of Law, chapter 2, pages 33-53, Edward Elgar Publishing.
    7. Friehe, Tim, 2009. "Screening accident victims," International Review of Law and Economics, Elsevier, vol. 29(3), pages 272-280, September.

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