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Behavioral Law and Economics$
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Eyal Zamir and Doron Teichman

Print publication date: 2018

Print ISBN-13: 9780190901349

Published to Oxford Scholarship Online: June 2018

DOI: 10.1093/oso/9780190901349.001.0001

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Tort Law

Tort Law

Chapter:
(p.325) 9 Tort Law
Source:
Behavioral Law and Economics
Author(s):

Eyal Zamir

Doron Teichman

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190901349.003.0010

This chapter presents an overview of the behavioral analysis of tort law. It begins by presenting a summary of traditional economic analysis of tort law. That done, it examines various tort regimes (i.e., negligence and strict liability), as well as alternative legal regimes that base liability on the creation of risk rather than the materialization of harm, in light of the bounded rationality of potential tortfeasors and adjudicators. The chapter further explores the implications of behavioral findings for the calculation of damages in tort cases. Finally, it addresses the topic of product liability law, and highlights the ramifications of consumers’ bounded rationality for this area of law.

Keywords:   tort law, behavioral analysis, negligence, strict liability, tort damages, product liability

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