Pre-Contractual Reliance [PDF]
During contractual negotiations, parties often make (reliance) expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in pre-contractual reliance under alternative legal regimes.
Lucian Arye Bebchuk, Omri Ben-Shahar
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Carpooling Liability?: Applying Tort Law Principles to the Joint Emergence of Self-Driving Automobiles and Transportation Network Companies [PDF]
, 2017 Self-driving automobiles have emerged as the future of vehicular travel, but this innovation is not developing in isolation. Simultaneously, the popularity of transportation network companies functioning as ride-hailing and ride-sharing services have ...
Walpert, Jacob D.
core +1 more source
Victim Interdependence in the Accident Setting [PDF]
This paper considers the case that potential victims affect each other by taking care. Analyzing standard liability rules, we show that strict liability with a defense of contributory negligence is in the best position to induce the efficient outcome, i ...
Tim Friehe
core +1 more source
Strict Liability versus Negligence in a Market Setting [PDF]
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.
A. Mitchell Polinsky
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Should Liability be Based on the Harm to the Victim or the Gain to the Injurer? [PDF]
Should the level of liability imposed on an injurer be based on the harm he caused or instead on the gain he obtained from engaging in the harmful act?
A. Mitchell Polinsky, Steven Shavell
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A Child-Centered Framework for Determining Mental Distress Severity and Liability: Evidence from Chinese Judicial Practice. [PDF]
Behav Sci (Basel)Xue Q, Yu D, Zhang Z.
europepmc +1 more source
Multi Pollutant Yardstick Schemes as Environmental Policy Tools [PDF]
We consider environmental regulation of n risk-averse, multiple pollutant firms. We develop a “yardstick competition” scheme where the regulatory scheme depends on the dierence between a firm’s “aggregate” performance and the average “aggregate ...
Alessio D’Amato†, Isabelle Brose +2 more
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Diverging regulatory DNA in adaptive medical AI: US agility and EU accountability in lifecycle governance. [PDF]
Front Med (Lausanne)Lee JH +6 more
europepmc +1 more source
Switching Consumers and Product Liability: On the Optimality of Incomplete Strict Liability [PDF]
This article shows that it may be socially optimal to grant accident victims less than full compensation. In our framework, firms are liable under product liability but also invest in care to prevent consumers switching to competitors.
Florian Baumann +2 more
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