On judgment proofness in the case of bilateral harm |
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Authors: | Tim Friehe |
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Institution: | (1) Department of Economics, Eberhard Karls University, Melanchthonstr. 30, 72074 Tubingen, Germany |
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Abstract: | This paper defies the widely held belief concerning the unambiguous superiority of negligence in settings of judgment proofness.
We analyze a set-up with bilateral harm, bilateral care, and potential judgment proofness by one party to the accident. We
establish that strict liability with a defense of contributory negligence can perform better than simple negligence and negligence
with a defense of contributory negligence. It is shown that the former liability rule can better establish a discontinuity
in individual costs conducive to inducing efficient care than the other rules.
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Keywords: | Care incentives Judgment proofness Bilateral harm Bilateral care Tort law |
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