ECONOMIC ANALYSIS OF THE PRINCIPLES OF LIABILITY IN TORT IN THE BACKDROP OF LIABILITY FOR COMPENSATION FOR DAMAGE OCCURRING AS A RESULT OF THE ACTIVITIES OF ONE ENTITY TO THE GOODS OF ANOTHER ENTITY

Joanna Kuźmicka-Sulikowska

Abstract


The article addresses basic issues associated with the economic analysis of liability in tort principles. The deliberations focus on an attempt to define the economic and social consequences of introducing various combinations of principles of tortious liability for damage suffered as a result of the activities of one entity borne in the goods of another. Lack of liability situations are treated in some detail as well as liability based on the principle of risk and the principle of fault. The analyses were conducted based on unilateral and bilateral models. Factors coming into play in determining the economically effective level of carefulness in actions are discussed. A series of other factors of significant relevance for the choice of an optimal principle of liability from the economic point of view are also highlighted. In this context the role of the level of activity of entities, availability of insurance policies and costs associated with pursuing compensation claims are discussed. The deliberations are concluded with a summary, which also entails a critical look at the method of economic analysis of law.

 

 

 


Full Text:

PDF

Refbacks

  • There are currently no refbacks.




2011-2018 · © Wroclaw Review of Law, Administration & Economics · University of Wroclaw · Faculty of Law, Administration and Economics · ISSN 2084-1264