Emotions in Litigation Contests

Florian Baumann () and Tim Friehe

No 3351, CESifo Working Paper Series from CESifo

Abstract: This paper introduces the concept of emotions into the standard litigation contest. Positive (negative) emotions emerge when litigants win (lose) at trial and are dependent in particular on the level of defendant fault. Our findings establish that standard results of litigation contests change significantly when emotions are taken into account. We show that emotions may increase or decrease individual and total equilibrium contest effort, introduce an asymmetry into the contest, and reinforce or weaken a plaintiff’s incentives to bring a suit. In addition, we consider how emotions impact on justice.

Keywords: emotions; litigation contest; trial; defendant fault (search for similar items in EconPapers)
JEL-codes: D72 K41 (search for similar items in EconPapers)
Date: 2011
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Journal Article: Emotions in litigation contests (2012)
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