IDEAS home Printed from https://ideas.repec.org/p/yon/wpaper/2018rwp-137.html
   My bibliography  Save this paper

Strict Liability, Settlement, and Moral Concern

Author

Listed:
  • Chulyoung Kim

    (Yonsei University)

  • S. David Kim

    (Ohio State University)

  • Sangyoon Nam

    (Yonsei University)

Abstract

We investigate the consequences of introducing a settlement stage to the environment of Deffains and Fluet (2013) in which an injurer has moral concern about harming a victim. Focusing on the unique interior solution, we characterize the Perfect Bayesian Equilibrium that has a cutoff property: high-moral types are willing to settle whereas low-moral types reject the victim's settlement offer and proceed to trial. We show that the injurer's equilibrium level of precautionary effort increases as the injurer¡¯s moral type increases and becomes constant at the marginal moral-type who is indifferent between settlement and trial. We also discuss the settlement's effect in reducing the high types' precautionary effort and the cost shifting rule's effect on the equilibrium outcomes

Suggested Citation

  • Chulyoung Kim & S. David Kim & Sangyoon Nam, 2018. "Strict Liability, Settlement, and Moral Concern," Working papers 2018rwp-137, Yonsei University, Yonsei Economics Research Institute.
    • Handle: RePEc:yon:wpaper:2018rwp-137
    as

    Download full text from publisher

    File URL: http://121.254.254.220/repec/yon/wpaper/2018rwp-137.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Posner, Richard A. & Rasmusen, Eric B., 1999. "Creating and enforcing norms, with special reference to sanctions1," International Review of Law and Economics, Elsevier, vol. 19(3), pages 369-382, September.
    2. Uri Gneezy & Aldo Rustichini, 2000. "Pay Enough or Don't Pay at All," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 115(3), pages 791-810.
    3. Bruno Deffains & Claude Fluet, 2013. "Legal Liability when Individuals Have Moral Concerns," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(4), pages 930-955, August.
    4. Posner, R.A. & Rasmusen, E., 1998. "Creating and Enforcing Norms, with Special Reference to Sanctions," Papers 98-005, Indiana - Center for Econometric Model Research.
    5. Posner, Richard A, 1997. "Social Norms and the Law: An Economic Approach," American Economic Review, American Economic Association, vol. 87(2), pages 365-369, May.
    6. Shavell, Steven, 2007. "Liability for Accidents," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 2, pages 139-182, Elsevier.
    7. Theodore Eisenberg & Charlotte Lanvers, 2009. "What is the Settlement Rate and Why Should We Care?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 111-146, March.
    8. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    9. Polinsky, A Mitchell, 1980. "Strict Liability vs. Negligence in a Market Setting," American Economic Review, American Economic Association, vol. 70(2), pages 363-367, May.
    Full references (including those not matched with items on IDEAS)

    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.
    1. Craig A. Depken & Peter A. Groothuis & Mark C. Strazicich, 2020. "Evolution Of Community Deterrence: Evidence From The National Hockey League," Contemporary Economic Policy, Western Economic Association International, vol. 38(2), pages 289-303, April.
    2. Bruno Deffains & Claude Fluet, 2020. "Social Norms and Legal Design," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 36(1), pages 139-169.
    3. J. Mark Ramseyer, 2014. "Litigation and Social Capital: Divorces and Traffic Accidents in Japan," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(1), pages 39-73, March.
    4. Craig A. Depken II & Peter A. Groothuis & Mark C. Strazicich, 2016. "The Rise and Fall of the Enforcer in the National Hockey League," Working Papers 16-12, Department of Economics, Appalachian State University.
    5. Yoshinobu Zasu, 2007. "Sanctions by Social Norms and the Law: Substitutes or Complements?," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 379-396, June.
    6. Raúl López-Pérez, 2010. "Guilt and shame: an axiomatic analysis," Theory and Decision, Springer, vol. 69(4), pages 569-586, October.
    7. Dorothee Schmidt, 2005. "Morality and Conflicts," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2005_12, Max Planck Institute for Research on Collective Goods.
    8. Oscar J. Cacho & Graham R. Marshall & Mary Milne, 2003. "Smallholder Agroforestry Projects: Potential for carbon sequestration and poverty alleviation," Working Papers 03-06, Agricultural and Development Economics Division of the Food and Agriculture Organization of the United Nations (FAO - ESA).
    9. Sun, Huojun & Bigoni, Maria, 2018. "A fine rule from a brutish world? An experiment on endogenous punishment institution and trust," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 77(C), pages 158-169.
    10. Brinig, Margaret F. & Nock, Steven L., 2003. ""I only want trust": norms, trust, and autonomy," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 32(5), pages 471-487, November.
    11. Barbara, Petracci, 2011. "Trading when you cannot trade: Blackout periods in Italian firms," International Review of Law and Economics, Elsevier, vol. 31(3), pages 196-204, September.
    12. Larcom Shaun & Swanson Timothy, 2015. "Documenting Legal Dissonance: Legal Pluralism in Papua New Guinea," Review of Law & Economics, De Gruyter, vol. 11(1), pages 25-50, March.
    13. Matt Parrett, 2006. "An Analysis of the Determinants of Tipping Behavior: A Laboratory Experiment and Evidence from Restaurant Tipping," Southern Economic Journal, John Wiley & Sons, vol. 73(2), pages 489-514, October.
    14. Wenming Xu & Yan Liu, 2021. "Does reputational capital affect credit rating agencies?: empirical evidence from a natural experiment in China," European Journal of Law and Economics, Springer, vol. 51(3), pages 433-468, June.
    15. Suurmond, Guido, 2007. "The effects of the enforcement strategy," MPRA Paper 21142, University Library of Munich, Germany.
    16. Yamamura, Eiji, 2010. "Effects of Female Labor Participation and Marital Status on Smoking Behavior in Japan," MPRA Paper 21789, University Library of Munich, Germany.
    17. Qin, Botao & Shogren, Jason F., 2015. "Social norms, regulation, and environmental risk," Economics Letters, Elsevier, vol. 129(C), pages 22-24.
    18. Tim Friehe, 2014. "Tacit collusion and liability rules," European Journal of Law and Economics, Springer, vol. 38(3), pages 453-469, December.
    19. Farrow, Katherine & Romaniuc, Rustam, 2019. "The stickiness of norms," International Review of Law and Economics, Elsevier, vol. 58(C), pages 54-62.
    20. Yamamura, Eiji, 2009. "Formal and informal deterrents of crime in Japan: Roles of police and social capital revisited," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 38(4), pages 611-621, August.

    More about this item

    Keywords

    legal liability; settlement; moral concern; tort.;
    All these keywords.

    JEL classification:

    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

    Statistics

    Access and download statistics

    Corrections

    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:yon:wpaper:2018rwp-137. 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: YERI (email available below). General contact details of provider: https://edirc.repec.org/data/eryonkr.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.