Who Pays for Tort Liability Claims? An Economic Analysis of the U.S. Tort Liability System
ثبت نشده
چکیده
منابع مشابه
Imperfect Observability , Tort Liability Rules , and Incentive for Care ∗
This paper studies an economic model of tort liability rules and considers litigation between a firm and a consumer, under the assumption that the consumer may not perfectly observe the firm’s action. We compare two alternative tort liability rules: the Negligence rule and strict liability with contributory negligence. We consider the noiseless case as a benchmark, and show that under those two...
متن کاملTort Law and the American Economy
It is common to hear claims that tort law is undermining the ability of America to grow economically. Tort liability imposes costs on businesses, who complain about its detrimental effects on investment and innovation. While many of these reports are anecdotal, or even false, there is growing evidence on the economic effect of tort law. Tort reform proposals are pressed, and often passed, on th...
متن کاملAssessing the Insurance Role of Tort Liability after Calabresi
In his landmark 1961 article, Some Thoughts on Risk Distribution and the Law of Torts, Judge Calabresi provides a theoretical framework for analyzing tort liability as a risk-spreading device that functions in a manner similar to insurance. In our article, we examine the insurance objective of tort liability from the standpoint of modern tort law. Since Calabresi’s foundational article, there h...
متن کاملImpact from Texas Tort Law on Damages Recovered
This paper looks at Texas tort law reform to make claims regarding the relationship between Texas tort reform and damages recovered. Starting with reform in 1977, Texas has passed 15 pieces of legislation that, in principle, restrict the damages plaintiffs recover. Most empirical analyses have focused primarily on analyzing behavior resulting from the tort reform. In other cases, research has l...
متن کاملFINAL REPORT FHWA/IN/JTRP-2003/20 THE DEVELOPMENT OF A HIGHWAY TORT LIABILITY RISK MANAGEMENT SYSTEM FOR THE INDIANA DEPARTMENT OF TRANSPORTATION By
The contents of this report reflect the views of the authors who are responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect the official views of the Federal Highway Administration and the Indiana Department of Transportation. The report does not constitute a standard, a specification, or a regulation. 16. Abstract The loss of states' so...
متن کامل