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第七章流程圖 - Coggle Diagram
第七章流程圖
Economic Theory of Tort Law
Differentiation between contract law and tort law based on transaction costs
Concept of externalities in tort law
Purpose of tort liability to internalize costs and incentivize safety
Examples illustrating the economic theory in action
Introduction to the Economic Theory of Tort Liability
Minimizing social costs of accidents
Incentives for precaution under different liability rules
Importance of bilateral precaution for efficiency
Incentives for Precaution under Different Liability Rules
No liability and strict liability
Incentives for victims under no liability
Incentives for injurers under strict liability
Negligence rule with perfect compensation
Incentives for injurers under negligence rule
Efficient level of care and compensation
Setting Legal Standards: The Hand Rules
Factors influencing liability determination
Judge Hand's formula for liability determination
Errors in Liability Determination
Impact of court errors on injurer's precaution under strict liability
Injurer's precaution under negligence rule and court errors
Traditional Theory of Liability
Three elements for recovery under the traditional theory
Harm
Cause
Breach of duty
Efficiency of Incentives Created by Liability Rules
Comparison of different liability rules and their impact on precaution and activity level