Costly litigation and optimal damages
View/ Open
Published Version
https://doi.org/10.1016/j.irle.2013.05.002Metadata
Show full item recordCitation
A. Mitchell Polinsky & Steven Shavell, Costly Litigation and Optimal Damages, 37 Int'l Rev. L & Econ. 86 (2014).Abstract
A basic principle of law is that damages paid by a liable party should equal the harm caused by that party. However, this principle is not correct when account is taken of litigation costs, because they too are part of the social costs associated with an injury. In this article we examine the influence of litigation costs on the optimal level of damages, assuming that litigation costs rise with the level of damages.Other Sources
http://ssrn.com/abstract=2173597http://www.nber.org/papers/w18594.pdf
http://www.law.harvard.edu/programs/olin_center/papers/pdf/Shavell_739.pdf
Terms of Use
This article is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#OAPCitable link to this page
http://nrs.harvard.edu/urn-3:HUL.InstRepos:30011105
Collections
- HLS Scholarly Articles [1913]
Contact administrator regarding this item (to report mistakes or request changes)