In the economic analysis of tort law, minimization of primary accident costs (deterrence),
secondary accident costs (optimal risk spreading and risk bearing) and tertiary accident …

We revisit the “Coase theorem” through the lens of a cooperative game model which takes
into account the assignment of rights among agents involved in a problem of social cost. We …

Under a rule of comparative causation, an accident loss is shared between a victim and a
tortfeasor when the parties are either both negligent (as with comparative negligence) or …

The principle of 'full'compensation is said to restore the victim of an accident to the position
he was in before the tort. The conventional 'pre-tort position'of the victim is taken to be the …

This paper revisits Coase's ideas on property rights in a scenario where the law allows the
establishment of mandatory limits-caps-to specific harmful effects of economic activity such …

内容提要: 完全赔偿原则是商品等价交换方式影响的结果, 它契合了侵权损害赔偿的指导性原则
和目的, 是实现加害人和受害人之间利益平衡的重要工具, 也可以督促人们尽到最优的注意义务 …

Some legal scholars have argued that the standard modeling of liability rules is inconsistent
with the causation requirement of the law of torts. It has been claimed that under the …

The literature on liability rules shows that the damage awards under a liability rule affect the
efficiency of the rule. One crucial factor that could affect the damage awards and therefore …

Well conducted clinical trials are the mainstay for generating evidence on preferred
treatments. In order to adequately protect the interests of the trial participants, the Central …

In some recent works, negligence-based liability has been severely criticized. It has been
argued that negligence-based liability does not form a convincing basis for liability …