Least-Cost Avoidance: The Tragedy of Common Safety
Author
Abstract
Suggested Citation
Download full text from publisher
As the access to this document is restricted, you may want to search for a different version of it.
References listed on IDEAS
- Giuseppe Dari-Mattiacci & Gerrit De Geest, 2005.
"The Filtering Effect of Sharing Rules,"
The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 207-237, January.
- G. Dari Mattiacci & G.G.A. de Geest, 2004. "The Filtering Effect of Sharing Rules," Working Papers 04-17, Utrecht School of Economics.
- Lewis, Tracy R. & Sappington, David E. M., 1999. "Using decoupling and deep pockets to mitigate judgment-proof problems1," International Review of Law and Economics, Elsevier, vol. 19(2), pages 275-293, June.
- A. Mitchell Polinsky & Yeon-Koo Che, 1991.
"Decoupling Liability: Optimal Incentives for Care and Litigation,"
RAND Journal of Economics, The RAND Corporation, vol. 22(4), pages 562-570, Winter.
- A. Mitchell Polinsky & Yeon-Koo Che, 1991. "Decoupling Liability: Optimal Incentives for Care and Litigation," NBER Working Papers 3634, National Bureau of Economic Research, Inc.
- Dhammika Dharmapala & Sandra A. Hoffmann, 2005.
"Bilateral Accidents with Intrinsically Interdependent Costs of Precaution,"
The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 239-272, January.
- Dhammika Dharmapala & Sandra A. Hoffmann, 2002. "Bilateral Accidents with Intrinsically Interdependent Costs of Precaution," Working papers 2002-11, University of Connecticut, Department of Economics.
- Albert Choi & Chris William Sanchirico, 2004.
"Should Plaintiffs Win What Defendants Lose? Litigation Stakes, Litigation Effort, and the Benefits of Decoupling,"
The Journal of Legal Studies, University of Chicago Press, vol. 33(2), pages 323-354, June.
- Albert Choi & Chris Sanchirico, "undated". "Should Plaintiffs Win What Defendants Lose?: Litigation Stakes, Litigation Effort, and the Benefits of 'Decoupling'," Scholarship at Penn Law upenn_wps-1000, University of Pennsylvania Law School.
- Alon Harel & Assaf Jacob, 2001. "An Economic Rationale for the Legal Treatment of Omissions in Tort Law," Discussion Paper Series dp281, The Federmann Center for the Study of Rationality, the Hebrew University, Jerusalem.
- Francesco Parisi, 2004. "Comparative Causation," American Law and Economics Review, American Law and Economics Association, vol. 6(2), pages 345-368.
- Edlin, Aaron S., 1994.
"Efficient standards of due care: Should courts find more parties negligent under comparative negligence?,"
International Review of Law and Economics, Elsevier, vol. 14(1), pages 21-34, March.
- Aaron S. Edlin., 1993. "Efficient Standards of Due Care: Should Courts Find More Parties Negligent Under Comparative Negligence?," Economics Working Papers 93-218, University of California at Berkeley.
- Craswell, Richard & Calfee, John E, 1986. "Deterrence and Uncertain Legal Standards," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 2(2), pages 279-303, Fall.
- Chung, Tai-Yeong, 1993.
"Efficiency of Comparative Negligence: A Game Theoretic Analysis,"
The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 395-404, June.
- Chung, T.Y., 1992. "Efficiency of Comparative Negligence: A Game Theoretic Analysis," University of Western Ontario, Departmental Research Report Series 9215, University of Western Ontario, Department of Economics.
- Schmitz, Patrick W., 2000.
"On the joint use of liability and safety regulation,"
International Review of Law and Economics, Elsevier, vol. 20(3), pages 371-382, September.
- Schmitz, Patrick W., 2000. "On the Joint Use of Liability and Safety Regulation," MPRA Paper 12536, University Library of Munich, Germany.
- Peter A. Diamond & James A. Mirrlees, 1975.
"On the Assignment of Liability: The Uniform Case,"
Bell Journal of Economics, The RAND Corporation, vol. 6(2), pages 487-516, Autumn.
- P. A. Diamond & J. A. Mirrlees, 1975. "On the Assignment of Liability: The Uniform Case," Working papers 152, Massachusetts Institute of Technology (MIT), Department of Economics.
- Rose-Ackerman, Susan, 1989. "Dikes, Dams, and Vicious Hogs: Entitlement and Efficiency in Tort Law," The Journal of Legal Studies, University of Chicago Press, vol. 18(1), pages 25-50, January.
- Winand Emons & Joel Sobel, 1991. "On the Effectiveness of Liability Rules when Agents are not Identical," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 58(2), pages 375-390.
- H. Scott Gordon, 1954. "The Economic Theory of a Common-Property Resource: The Fishery," Journal of Political Economy, University of Chicago Press, vol. 62(2), pages 124-124.
- 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.
- Kolstad, Charles D & Ulen, Thomas S & Johnson, Gary V, 1990. "Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements?," American Economic Review, American Economic Association, vol. 80(4), pages 888-901, September.
- Burrows, Paul, 1999. "Combining regulation and legal liability for the control of external costs," International Review of Law and Economics, Elsevier, vol. 19(2), pages 227-244, June.
- H. Scott Gordon, 1954. "The Economic Theory of a Common-Property Resource: The Fishery," Palgrave Macmillan Books, in: Chennat Gopalakrishnan (ed.), Classic Papers in Natural Resource Economics, chapter 9, pages 178-203, Palgrave Macmillan.
- Innes, Robert, 2004. "Enforcement costs, optimal sanctions, and the choice between ex-post liability and ex-ante regulation," International Review of Law and Economics, Elsevier, vol. 24(1), pages 29-48, March.
- Steven Shavell & A. Mitchell Polinsky, 2000.
"The Economic Theory of Public Enforcement of Law,"
Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
- A. Mitchell Polinsky & Steven Shavell, 1999. "The Economic Theory of Public Enforcement of Law," NBER Working Papers 6993, National Bureau of Economic Research, Inc.
- Juan José Ganuza & Fernando Gómez, 2003. "Optimal negligence rule under limited liability," Economics Working Papers 759, Department of Economics and Business, Universitat Pompeu Fabra, revised May 2004.
- Oren Bar-Gill & Omri Ben-Shahar, 2003. "The Uneasy Case for Comparative Negligence," American Law and Economics Review, American Law and Economics Association, vol. 5(2), pages 433-469, August.
- Ben-Shahar, Omri, 1998. "Should Products Liability Be Based on Hindsight?," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 14(2), pages 325-357, October.
Citations
Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
Cited by:
- Jacobi, Osnat & Weiss, Avi, 2013. "Allocation of fault in contract law," International Review of Law and Economics, Elsevier, vol. 36(C), pages 1-11.
- Dieter Schmidtchen & Christian Koboldt & Jenny Monheim & Birgit Will & Georg Haas, "undated".
"The Internalisation of External Costs in Transport: From the Polluter Pays to the Cheapest Cost Avoider Principle,"
German Working Papers in Law and Economics
2008-1-1214, Berkeley Electronic Press.
- Schmidtchen, Dieter & Koboldt, Christian & Monheim, Jenny & Will, Birgit E. & Haas, Georg, 2007. "The internalisation of external costs in transport: from the polluter pays to the cheapest cost avoider principle," CSLE Discussion Paper Series 2007-03, Saarland University, CSLE - Center for the Study of Law and Economics.
- D’Antoni, Massimo & Tabbach, Avraham D., 2014. "Inadequate compensation and multiple equilibria," International Review of Law and Economics, Elsevier, vol. 38(C), pages 33-47.
- Dieter Schmidtchen & Jenny Helstroffer & Christian Koboldt, 2015. "Replacing the Polluter Pays Principle by the Cheapest Cost Avoider Principle: On the Efficient Treatment of External Costs," Working Papers of BETA 2015-08, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
- Andrzej Baniak & Peter Grajzl, 2016. "Controlling Product Risks when Consumers Are Heterogeneously Overconfident: Producer Liability versus Minimum-Quality-Standard Regulation," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 172(2), pages 274-304, June.
- Friehe, Tim & Tabbach, Avraham, 2018. "A comparison of simple action-based and outcome-based policies for emergency-like situations," Mathematical Social Sciences, Elsevier, vol. 92(C), pages 22-34.
- Andrzej Baniak & Peter Grajzl, 2014. "Controlling Product Risks when Consumers are Heterogeneously Overconfident: Producer Liability vs. Minimum Quality Standard Regulation," CESifo Working Paper Series 5003, CESifo.
Most related items
These are the items that most often cite the same works as this one and are cited by the same works as this one.- Ram Singh, 2006.
"On the Existence and Efficiency of Equilibria under Liability Rules,"
Working papers
150, Centre for Development Economics, Delhi School of Economics.
- Ram Singh, 2008. "On The Existence and Efficiency of Equilibria Under Liability Rules," Working Papers id:1716, eSocialSciences.
- Ram Singh, 2006. "On the Existence and Efficiency of Equilibria Under Liability Rules," NBER Working Papers 12625, National Bureau of Economic Research, Inc.
- Steven Shavell, 2005. "Liability for Accidents," NBER Working Papers 11781, National Bureau of Economic Research, Inc.
- Emanuela Carbonara & Alice Guerra & Francesco Parisi, 2016. "Sharing Residual Liability: The Cheapest Cost Avoider Revisited," The Journal of Legal Studies, University of Chicago Press, vol. 45(1), pages 173-201.
- Donatella Porrini, 2005. "Environmental Policies Choice as an Issue of Informational Efficiency," Chapters, in: Jürgen G. Backhaus (ed.), The Elgar Companion to Law and Economics, Second Edition, chapter 23, Edward Elgar Publishing.
- Guiseppe Dari Mattiaci & F. Parisi, 2003. "The Economics of Tort Law: A Précis," Working Papers 03-13, Utrecht School of Economics.
- Friehe, Tim & Langlais, Eric, 2015.
"On the political economy of public safety investments,"
International Review of Law and Economics, Elsevier, vol. 41(C), pages 7-16.
- Tim Friehe & Eric Langlais, 2014. "On the Political Economy of Public Safety Investments," Post-Print hal-01411782, HAL.
- Tim Friehe & Eric Langlais, 2014. "On the Political Economy of Public Safety Investments," Post-Print hal-01411775, HAL.
- Tim Friehe & Eric Langlais, 2014. "On the Political Economy of Public Safety Investments," EconomiX Working Papers 2014-8, University of Paris Nanterre, EconomiX.
- Tim Friehe & Eric Langlais, 2014. "On the Political Economy of Public Safety Investments," Working Papers hal-04141360, HAL.
- Tim Friehe & Eric Langlais, 2015. "On the political economy of public safety investments," Post-Print hal-01385951, HAL.
- Marie‐Cécile Fagart & Claude Fluet, 2009.
"Liability insurance under the negligence rule,"
RAND Journal of Economics, RAND Corporation, vol. 40(3), pages 486-508, September.
- Marie-Cécile Fagart & Claude Fluet, 2007. "Liability Insurance under the Negligence Rule," Cahiers de recherche 0730, CIRPEE.
- Giuseppe Dari-Mattiacci & Gerrit De Geest, 2005.
"The Filtering Effect of Sharing Rules,"
The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 207-237, January.
- G. Dari Mattiacci & G.G.A. de Geest, 2004. "The Filtering Effect of Sharing Rules," Working Papers 04-17, Utrecht School of Economics.
- Innes, Robert, 2004. "Enforcement costs, optimal sanctions, and the choice between ex-post liability and ex-ante regulation," International Review of Law and Economics, Elsevier, vol. 24(1), pages 29-48, March.
- FRANCESCO PARISI & Ram Singh, 2009. "Efficiency Of Equilibria Under Comparative Causation," Working papers 179, Centre for Development Economics, Delhi School of Economics.
- Dhammika Dharmapala & Sandra A. Hoffmann, 2005.
"Bilateral Accidents with Intrinsically Interdependent Costs of Precaution,"
The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 239-272, January.
- Dhammika Dharmapala & Sandra A. Hoffmann, 2002. "Bilateral Accidents with Intrinsically Interdependent Costs of Precaution," Working papers 2002-11, University of Connecticut, Department of Economics.
- Joshua Schwartzstein & Andrei Shleifer, 2013.
"An Activity-Generating Theory of Regulation,"
Journal of Law and Economics, University of Chicago Press, vol. 56(1), pages 1-38.
- Joshua Schwartzstein & Andrei Shleifer, "undated". "An Activity-Generating Theory of Regulation," Working Paper 19524, Harvard University OpenScholar.
- Joshua Schwartzstein & Andrei Shleifer, 2009. "An Activity-Generating Theory of Regulation," NBER Working Papers 14752, National Bureau of Economic Research, Inc.
- Schwartzstein, Joshua & Shleifer, Andrei, 2013. "An Activity-Generating Theory of Regulation," Scholarly Articles 27814564, Harvard University Department of Economics.
- Singh, Ram, 2007. "‘Causation-consistent’ liability, economic efficiency and the law of torts," International Review of Law and Economics, Elsevier, vol. 27(2), pages 179-203.
- Andrzej Baniak & Peter Grajzl, 2014. "Controlling Product Risks when Consumers are Heterogeneously Overconfident: Producer Liability vs. Minimum Quality Standard Regulation," CESifo Working Paper Series 5003, CESifo.
- Marcel Boyer & Donatella Porrini, 2010.
"Optimal liability sharing and court errors: an exploratory analysis,"
Working Papers
hal-00463913, HAL.
- BOYER, Marcel & PORRINI, Donatella, 2010. "Optimal Liability Sharing and Court Errors : An Exploratory Analysis," Cahiers de recherche 05-2010, Centre interuniversitaire de recherche en économie quantitative, CIREQ.
- Marcel Boyer & Donatella Porrini, 2010. "Optimal Liability Sharing and Court Errors: An Exploratory Analysis," CESifo Working Paper Series 3073, CESifo.
- Charreire, Maxime & Langlais, Eric, 2021.
"Should environment be a concern for competition policy when firms face environmental liability?,"
International Review of Law and Economics, Elsevier, vol. 67(C).
- Eric Langlais & Maxime Charreire, 2020. "Should environment be a concern for competition policy when firms face environmental liability ?," Working Papers hal-04159694, HAL.
- Eric Langlais & Maxime Charreire, 2020. "Should environment be a concern for competition policy when firms face environmental liability ?," EconomiX Working Papers 2020-25, University of Paris Nanterre, EconomiX.
- Maxime Charreire & Eric Langlais, 2021. "Should environment be a concern for competition policy when firms face environmental liability ?," Post-Print hal-03208691, HAL.
- Pierre Bentata & Karim Barkat, 2012. "Environmental Liability and Regulation: An Empirical Study of the French Institutional Division of Labour," CAE Working Papers 98, Aix-Marseille Université, CERGAM.
- Jonathan Yoder, 2008.
"Liability, Regulation, and Endogenous Risk: The Incidence and Severity of Escaped Prescribed Fires in the United States,"
Journal of Law and Economics, University of Chicago Press, vol. 51(2), pages 297-325, May.
- Jonathan Yoder, 2005. "Liability, Regulation, and Endogenous Risk: Incidence and Severity of Escaped Prescribed Fires in the United States," Working Papers 2005-8, School of Economic Sciences, Washington State University.
- Jonathan Yoder, 2005. "Liability, Regulation And Endogenous Risk: Incidence And Severity Of Escaped Prescribed Fires In The United States," Law and Economics 0506003, University Library of Munich, Germany.
- Boyer, Marcel & Porrini, Donatella, 2011.
"The impact of court errors on liability sharing and safety regulation for environmental/industrial accidents,"
International Review of Law and Economics, Elsevier, vol. 31(1), pages 21-29, March.
- Marcel Boyer & Donatella Porrini, 2010. "The Impact of Court Errors on Liability Sharing and Safety Regulation for Environmental/Industrial Accidents," CIRANO Working Papers 2010s-48, CIRANO.
- Ogden, Benjamin G. & Hylton, Keith N., 2020. "Incentives to take care under contributory and comparative fault: The role of strategic complementarity," International Review of Law and Economics, Elsevier, vol. 61(C).
More about this item
JEL classification:
- K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
- K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
Statistics
Access and download statisticsCorrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jleorg:v:25:y:2009:i:1:p:235-261. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jleo .
Please note that corrections may take a couple of weeks to filter through the various RePEc services.