TORT LIABILITY AND UNAWARENESS

• 成果类型: Article
• 署名作者: Chakravarty, Surajeet; Kelsey, David; Teitelbaum, Joshua C.
• 署名单位: University of Exeter; University of Nottingham; Georgetown University; Georgetown University
• 刊物名称: INTERNATIONAL ECONOMIC REVIEW
• ISSN/ISSBN: 0020-6598
• DOI: 10.1111/iere.12706
• 发表日期: 2024
• 页码: 1851-1876
• 关键词: reverse bayesianism; decision-making; negligence; awareness; MODEL; LAW; INFORMATION; Precaution; ambiguity; CHOICE

摘要

We explore the implications of unawareness for tort law. We study cases where injurers and victims initially are unaware that some acts can yield harmful consequences, or that some acts or harmful consequences are even possible, but later become aware. We model unawareness by Reverse Bayesianism. We compare the two basic liability rules of Anglo-American tort law, negligence and strict liability, and argue that negligence has an important advantage over strict liability in a world with unawareness-negligence, through the stipulation of due care standards, spreads awareness about the updated probability of harm.