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2 - Tort Law

Published online by Cambridge University Press:  14 September 2023

Shawn Bayern
Shawn Bayern
Affiliation:
Florida State University
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Summary

This chapter develops and critiques the major economic arguments in tort law, focusing mostly on the model of bilateral precaution, which attempts to analyze the foundational choice between negligence and strict liability. It also responds to “least-cost avoider” arguments and shows how little progress economic thinking has made in understanding most of tort law. The commonplace conclusion that tort law has easily succumbed to the law-and-economics movement is incorrect.

Keywords

laweconomicslaw and economicslegal economicscommon lawprivate lawtort lawtortsnegligenceaccident lawbilateral precautionleast-cost avoider
Type
Chapter
Information
The Analytical Failures of Law and Economics , pp. 25 - 83
Publisher: Cambridge University Press
Print publication year: 2023

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  • Tort Law
  • Shawn Bayern, Florida State University
  • Book: The Analytical Failures of Law and Economics
  • Online publication: 14 September 2023
  • Chapter DOI: https://doi.org/10.1017/9781009159203.003
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  • Tort Law
  • Shawn Bayern, Florida State University
  • Book: The Analytical Failures of Law and Economics
  • Online publication: 14 September 2023
  • Chapter DOI: https://doi.org/10.1017/9781009159203.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Tort Law
  • Shawn Bayern, Florida State University
  • Book: The Analytical Failures of Law and Economics
  • Online publication: 14 September 2023
  • Chapter DOI: https://doi.org/10.1017/9781009159203.003
Available formats
×