Uncertainty and negligence rules

Title
Uncertainty and negligence rules
Authors
Yoo, Yoon-Ha
Keywords
tort law; negligence rule; legal uncertainty
Issue Date
2004-02
Series/Report no.
KDI Working Paper Series;04-07
Abstract
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.
URI
http://archives.kdischool.ac.kr/handle/11125/17024
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