Evidentiary Uncertainty and Negligence Rules

Abstract

This paper analyzes the effects of evidentiary uncertainty on

people's incentives to abide by rules in the context of negligence

rules in tort law. It demonstrates that i) the comparative

negligence rule is not necessarily superior to the simple or the

contributory negligence rule, ii) an application of lenient standards

of due care under the contributory negligence rule than in

comparative negligence rule would not necessarily restore social

efficiency, and iii) a partial reduction of legal uncertainty would

not necessarily improve social efficiency. These results contrast

previous theoretical literature.