Does Evidentiary Uncertainty Induce Excessive Injurer Care?
- Does Evidentiary Uncertainty Induce Excessive Injurer Care?
- Yoo, Yoon-Ha
- tort law; negligence rules; uncertainty
- Issue Date
- Series/Report no.
- KDI Working Paper Series;03-02
- We derive the precise conditions under which over- or under-compliance can take
place under imperfect information about the care levels chosen by both injurer and
victim in a tort litigation. The conditions identified turn out to be more complicated than
are usually presumed in the literature. A correct evaluation requires us to consider both
the pure uncertainty effect as well as the feedback effect. Properly done, the overall
effects of uncertainty on care levels are always indeterminate, depending on various
factors such as costs of care, the size of expected accident loss, the degree of
dispersion and bias of the judgment error distribution.
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