Working Paper No. 03-49:
The Economics of Tort Law: A Precis
Giuseppe Dari-Mattiacci, Francesco Parisi
Date Posted: 2003
Abstract (below) | Full text (most recent) on SSRN
Economic analysis has long been employed for the study of tort liability. This paper revisits the main contributions to the subject emphasizing the inherent impossibility for tort liability to set perfectly efficient first-best incentives to take precaution for all parties to an accident and the need to choose among second best outcomes. The paper provides a pathfinder through the literature in various areas of tort law and economics.