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Evidentiary Uncertainty and Negligence Rules
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- Authors
- Issue Date
- 2006-10
- Citation
- Seoul Journal of Economics, Vol.19 No.4, pp. 439-467
- Keywords
- Tort law ; Negligence rule ; Legal uncertainty
- 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.
- ISSN
- 1225-0279
- Language
- English
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