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Strict Liability versus Negligence in a Market Setting

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  • A. Mitchell Polinsky

Abstract

This paper formally analyzes strict liability and negligence in a market setting. The discussion emphasizes the impact of the rules on the market price and on the number of firms in the industry. For simplicity, the damage caused by each firm is assumed to be determined only by that firm's "care" (and not also by the firm's output or the victim's behavior).

Suggested Citation

  • A. Mitchell Polinsky, 1980. "Strict Liability versus Negligence in a Market Setting," NBER Working Papers 0420, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:0420
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    References listed on IDEAS

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    1. A. Mitchell Polinsky, 1979. "Notes on the Symmetry of Taxes and Subsidies in Pollution Control," Canadian Journal of Economics, Canadian Economics Association, vol. 12(1), pages 75-83, February.
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    Cited by:

    1. Arnott, Richard & Hochman, Oded & Rausser, Gordon C., 2008. "Pollution and land use: Optimum and decentralization," Journal of Urban Economics, Elsevier, vol. 64(2), pages 390-407, September.
    2. Emma Aisbett & Larry Karp & Carol Mcausland, 2010. "Police Powers, Regulatory Takings and the Efficient Compensation of Domestic and Foreign Investors," The Economic Record, The Economic Society of Australia, vol. 86(274), pages 367-383, September.
    3. Ram Singh, 2002. "Causation, Economic Efficiency and the Law of Torts," Working papers 102, Centre for Development Economics, Delhi School of Economics.
    4. Ram Singh, 2009. "RISK, INFORMATIONAL ASYMMETRY AND PRODUCT LIABILITY: An Enquiry Into Conflicting Objectives," Pacific Economic Review, Wiley Blackwell, vol. 14(1), pages 89-112, February.
    5. Andrew F. Daughety & Jennifer F. Reinganum, 2006. "Markets, torts, and social inefficiency," RAND Journal of Economics, RAND Corporation, vol. 37(2), pages 300-323, June.
    6. Gérard Mondello, 2012. "The Equivalence of Strict Liability and Negligence Rule: A " Trompe l'œil " Perspective," Post-Print hal-00727223, HAL.
    7. 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.
    8. Kim Jeong-Yoo, 2020. "Patent Races for COVID-19 Vaccines and Liability Rules," Asian Journal of Law and Economics, De Gruyter, vol. 11(3), pages 1-13, December.
    9. Zivin, Joshua Graff & Just, Richard E. & Zilberman, David, 2005. "Risk Aversion, Liability Rules, and Safety," International Review of Law and Economics, Elsevier, vol. 25(4), pages 604-623, December.
    10. Alan O. Sykes, 2008. "Transnational Forum Shopping as a Trade and Investment Issue," The Journal of Legal Studies, University of Chicago Press, vol. 37(2), pages 339-378, June.
    11. Tim Friehe & Cat Lam Pham & Thomas J. Miceli, 2022. "Product Liability and Strategic Delegation: Endogenous Manager Incentives Promote Strict Liability," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 61(2), pages 149-169, September.

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