Customary versus Technological Advancement Tests

Bruno Deffains () and Dominique Demougin
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Bruno Deffains: CNRS - Centre National de la Recherche Scientifique
Dominique Demougin: EBS Paris - European Business School Paris

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Abstract: In an environment where the optimal level of care is unknown, we ask, under a state-of-the-art defense, which method is better able to induce parties to undertake optimal care. Assuming courts can see a noisy signal of research activities undertaken by a defendant and by some of its competitors, we ask whether courts should use a biased or an unbiased average to compare care. We find that the latter is advantageous.

Keywords: Tort law; Standard of care; Customary test; Technological advancement test (search for similar items in EconPapers)
Date: 2005
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Published in International Review of Law and Economics, 2005, 28 (2), pp.106-112. ⟨10.1016/j.irle.2008.02.006⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-00279242

DOI: 10.1016/j.irle.2008.02.006

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