An economic analysis of parents liability
Ouyang En-qian
Abstract
Ouyang En-qian
Abstract
Systems of parents' liability are varied in different countries based on liability for presumed fault, liability for fault and strict liability. An economic analysis of parents' liability demand and supply draws a conclusion that parents liability must be complex of liability for fault and strict liability, presume duties of care by fact, impose joint liability for parents and their minors with liability capacity, and use plaintiff's fault as exception only in liability for fault if presuming minors' maximum utility as a constant and to pursue the social minimum cost of torts.
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Systems of parents' liability are varied in different countries based on liability for presumed fault, liability for fault and strict liability. An economic analysis of parents' liability demand and supply draws a conclusion that parents liability must be complex of liability for fault and strict liability, presume duties of care by fact, impose joint liability for parents and their minors with liability capacity, and use plaintiff's fault as exception only in liability for fault if presuming minors' maximum utility as a constant and to pursue the social minimum cost of torts.
Key concepts: Liability, Strict liability, Joint and several liability, Liability insurance, Business, Plaintiff, Actuarial science, Tort