EconPapers    
Economics at your fingertips  
 

Preponderance of Evidence

Dominique Demougin () and Claude Fluet ()

No 725, CESifo Working Paper Series from CESifo Group Munich

Abstract: This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when evidence is imperfect and rests with the parties. We show that the “preponderance of evidence' standard provides maximal incentives to exert care. This holds even though litigants may have unequal access to evidence and distort information. The optimal assignment of the burden of proof follows from the principle underlying the standard of proof. Our main results are derived in a mechanism design framework, but we also consider implementation as a sequential equilibrium with the court as a player in the game.

Keywords: negligence; standard of proof; tort rules; burden of proof; deterrence (search for similar items in EconPapers)
Date: 2002
References: Add references at CitEc
Citations: View citations in EconPapers (6) Track citations by RSS feed

Downloads: (external link)
https://www.cesifo-group.de/DocDL/725.pdf (application/pdf)

Related works:
Journal Article: Preponderance of evidence (2006) Downloads
Working Paper: Preponderance of Evidence (2002) Downloads
Working Paper: Preponderance of Evidence (2002) Downloads
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:ces:ceswps:_725

Access Statistics for this paper

More papers in CESifo Working Paper Series from CESifo Group Munich Contact information at EDIRC.
Bibliographic data for series maintained by Klaus Wohlrabe ().

 
Page updated 2019-11-21
Handle: RePEc:ces:ceswps:_725