Uncertainty and negligence rules
- Uncertainty and negligence rules
- Yoo, Yoon-Ha
- tort law; negligence rule; legal uncertainty
- Issue Date
- Series/Report no.
- KDI Working Paper Series;04-07
- This paper analyzes the effects of evidentiary uncertainty on people's incentives to abide
by rules in the context of negligence rules in tort law. It demonstrates that i) the
comparative negligence rule is not necessarily superior to the simple or the contributory
negligence rule, ii) an application of lenient standards of due care under the contributory
negligence rule than in comparative negligence rule would not necessarily restore social
efficiency, and iii) a partial reduction of legal uncertainty would not necessarily improve
social efficiency. These results contrast previous theoretical literature.
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