Fault liability and strict liability

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Chapter 6 in The Economic Analysis of Civil Law, 2022, pp 172-224 from Edward Elgar Publishing

Abstract: Fault liability and strict liability are the two major liability regimes of tort law. Their allocative effects, some of which are similar, others different, are presented in this chapter. Several special problems, such as comparative negligence, are initially excluded. The problem of losses occurring within market relations will also be dealt with separately later. We show how closely the economic concepts, such as the Learned Hand formula of negligence, run parallel to and even coincide with the lines of argumentation of jurisprudence and legal doctrine. Let us first look at the liability for fault.

Keywords: Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2022
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