Private Law Theory

Introduction:
Traditional economic analysis of accident law has largely focused on individual utility maximizing actors as potential injurers and potential victims. On that basis a huge literature has been developed since the early publications of Calabresi in the 1960s explaining under which conditions particular liability rules may be effective in promoting social welfare. Moreover, the theoretical assumptions made in the literature have increasingly been met with empirical support as well. However, less attention was paid to the situation where the tortfeasor would not be an individual actor or commercial enterprise, but a public authority or the state …

Jef De Mot, UGent, and Michael Faure, Report for the European group on tort law: state liability: an economic analysis. 2012. European Group on Tort Law. Ghent University Academic Bibliography.

First posted 2012-10-30 07:40:10