Wirtschaftswissenschaft
Nuno Garoupa, Adrián Segura
Are you Injurer or Victim? Liability for Accidents under Role-Type Uncertainty
Jahrgang 177 (2021) / Heft 4,
S. 391-403 (13)
Publiziert 17.08.2021
We show that when parties are uncertain about their nature (injurer or victim) in accidents, conventional results in the bilateral accident model need to be reassessed. Legal policy implications are derived. Specifically, the efficient liability rule inevitably begs for a form of negligence that internalizes uncertainty concerning the parties (injurer or victim) and their subjective perceptions.