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AN ECONOMIC ANALYSIS OF A HYBRID LIABILITY RULE
Author(s) -
Winter Harold
Publication year - 2002
Publication title -
economic inquiry
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.823
H-Index - 72
eISSN - 1465-7295
pISSN - 0095-2583
DOI - 10.1093/ei/40.4.704
Subject(s) - trespass , liability , strict liability , tort , nuisance , doctrine , economics , component (thermodynamics) , actuarial science , law and economics , liability insurance , business , law , political science , finance , physics , thermodynamics
This article considers a legal setting with a tort liability rule that includes both a care‐based component (such as negligence) and a non–care‐based component (such as no liability). Children trespassers are sometimes protected by a doctrine known as attractive nuisance. Attractive nuisance acts as a hybrid liability rule in its application—it applies the negligence rule to accidents involving some types of children, and the no‐liability rule to accidents involving other types of children. A standard economic model of torts is applied to a trespass setting, and the potential efficiency of a hybrid liability rule is examined.
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