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2019•SSRN Electronic JournalOpen access

A Comparision of Some Inefficient Liability Rules: Conditions on the Domain of Applications

Rajendra Prasad Kundu, Debabrata Pal

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Abstract

When negligence is defined as failure to take some cost-justified precaution the standard liability rules of no liability, strict liability, negligence, strict liability with the defence of contributory negligence and negligence, with the defence of contributory negligence are all inefficient if the domain of applications is not restricted. This paper characterises the domain of applications for which the negligence rule is better than the rules of no liability, strict liability, strict liability with the defence of contributory negligence and negligence, with the defence of contributory negligence.

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What this paper is about

When negligence is defined as failure to take some cost-justified precaution the standard liability rules of no liability, strict liability, negligence, strict liability with the defence of contributory negligence and negligence, with the defence of contributory negligence are all inefficient if the domain of applications is not restricted. This paper characterises the domain of applications for which the negligence rule is better than the rules of no liability, strict liability, strict liability with the defence of contributory negligence and negligence, with the defence of contributory negligence.

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Available abstract

When negligence is defined as failure to take some cost-justified precaution the standard liability rules of no liability, strict liability, negligence, strict liability with the defence of contributory negligence and negligence, with the defence of contributory negligence are all inefficient if the domain of applications is not restricted. This paper characterises the domain of applications for which the negligence rule is better than the rules of no liability, strict liability, strict liability with the defence of contributory negligence and negligence, with the defence of contributory negligence.

Key concepts: Liability, Contributory negligence, Strict liability, Business, Res ipsa loquitur, Tort, Actuarial science, Law and economics

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