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Economics and Law Torts
Torts Chapter Economic efficiency
47
Economics
Undergraduate 4
11/08/2012

Additional Economics Flashcards

 


 

Cards

Term
Expected Accidents Losses
Definition
P(x)A
Term
Total Social Cost
Definition
Wx+P(x)A
Term
W is the 
Definition
Marginal Cost of Precaution 
Term
No Liability
Definition
Induces too little care by the injurer - only the victim will invest in precaution
Term
Strict Liability
Definition

L=A 

Strictliability induces the efficient amount of care by the injurer and the victime will chose to take no care

Term
Bilateral Precaution
Definition
It is efficient for both parties to take care
Term
Negligence Rule
Definition

If the standard of care is met, the injurer is not liable

Injurer has the dominant strategy to invest in e*

If met costs are only Wx

 

The victim will also invest in e* level of care to minimize costs since she knows the injurer has met their duty

 

Injurer is only liable for leftmost boxes where x* isnt met

Term
Negligence with defense of contributory negligence
Definition

The injurer is only liable when the victime takes care and the injurer does not 

Top Left box 

 

As long as the injurer takes care, he is not liable 

If they both do not take care, he is not liable

Term
Strict Liability with Defense of Contributory Negligence 
Definition

The injurer is always liable if the victim met efficient level 

 

If victim fails to meet level of care, injurer is not liable 

Term
Strict Liability with Dual Contributory negligence
Definition

Injurer is not liable if he took care and the victim did not

 

He is liable if they both failed to take care, and whenever the victim took care 

 

Not liable for bottom right box

Term
Hand Rule
Definition

If the burden of precaution is less than the P(x)A

then it is efficient to take care

Term
Redundant precaution
Definition
a situation in which both parties can take precaution and efficiency requires only one of them to do so
Term
Hindsight Bias
Definition

overestimate the effects of untaken precaution on the probability of accidents that actually occured

 

may cause potential injurers to take more precaution than they really believe to be necessary

Term
Proving Causation is easier than proving negligence
Definition
true
Term
If damages of the court persistently fall short
Definition
the injurer will be incentivized to take less precaution in the future than is necessary under a rule of strict liability
Term
Under a negligence rule
Definition
There is no effect on the injurer's precaution unless the error is extremely large 
Term

What is the price under a rule of strict liability? 

No liability?

Definition

It is the actual social cost 

 

Or, it is the cost that is seen by the consumer

Term
Regulation
Definition
ex-ante enforcement by administrators
Term
Liability
Definition
ex-post liability by victims
Term
Subrogation
Definition
The insurance company stands in place of the injurer and you cannot collect twice
Term
Insurance is incomplete
Definition
it covers medical costs but not pain
Term
Insurance is 
Definition
a private system of liability law that reallocates the cost of accidents according to contracts etween insurer and insured
Term
A rule of no liability causes victims to
Definition
buy more insurance, and a rule of strict libability causes injurers to buy more insurance
Term
Transfering risk to the insurance company
Definition
externalizing the risk gives the insured an incentive to reduce precaution  - moral hazard
Term
Coinsurance
Definition
the insured pays a fixed percent of his accidents losses
Term
Experience Rating
Definition

if you make a claim in year two 

your insurance will likely increase in year 3 -> reduce but do not eliminate moral hazard

Term
Tort liability system
Definition
provides the victims with insurance against pain and suffering that they would not buy for themselves
Term

Increase in insurance premiums

Adverse selection

Definition
drives out good risks while retaining bad risks thus increasing the price 
Term
Securitization
Definition
firms convert expected income into securities and sell them to investors. After securitizing the future income belongs to the owners of the securities so tort victims cannot tap this as a source of compensation
Term
Imperfect solutions to insolvency
Definition

cumpolsory insurance, posting bond, replacing ex-post liability with ex-ante regulation

Replace rule of strict liability with negligence 

Term
If litigation costs are too high for the victim
Definition

Victims wont make claims, and the injurers wont get the signal that what they are doing is unacceptable. 

they will as a result take less precaution and there will be many accidents 

Term
If litigation costs are too high for the injurer
Definition
they make take additional precaution - there should be fewer accidents 
Term
Vicarious liability
Definition

The injurer has a third party take liability - like a parent. or an employee has a respondeat superior

 

Incentivizes care because employers are more likely to make sure there employees are properly trained

Term
Negligent Vicarious Liability
Definition
If the captain can prove that he carefully monitored the sailor, he escapes liability 
Term
Jointly Liable
Definition
if you can sue A and B at once
Term
Severally liable
Definition
if you can sue A and B seperately 
Term
Contribution - 
Definition

the recovery is limited to 100 percent under jointly and severally liable 

 

this makes the defendants responsible for figuring out who is liable

Term
No-contribution rule
Definition

makes all defendants internalize the costs of an accident - thus creating incentives for optimal precaution by each of them.  

 

Term
Rule of contribution
Definition

creates incentive for each defendant to internalize part of the accident and to externalize part of the cost. 

may not create incentive for efficient precaution

 

Law favors this because eager victims might go after the injurer with the most money

 

This increases incenrtives for those with shallow pockets and their precaution reduces accidents the most 

Term
Defect in design
Definition
if design of automobile gas tanks made them liable to explode
Term
defect in manufacture
Definition
product was missing a part
Term
defect in warning
Definition
manufacturer fails to warn consumers of the danger
Term
Punitive Damages
Definition
can be awarded when the defendants behavior is malicious, oppressive, gross, willful wanton or fraudulent
Term
Premises liability
Definition
when someone slips or falls on the premises 
Term
1995 Civil justice reform act
Definition
a cap on non-economic damages of 500,000$ and limited punitive damages t0 three times compensatory
Term
Mass Tort
Definition

Large number of tort claims come in at once - like for earth quake insurance 

 

Liability law does not cover exposure to risk, only actually aquiring something

Term
Market Share Liability
Definition
ALL MANUFACTURERS WHO MIGHT HAVE BEEN SELLING des WOULD SHARE LIABILITY IN PROPORTION TO THEIR MARKET SHARES 
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