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Tort Law and Economics

Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium
This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker.
Extent: 576 pp
Hardback Price: $280.00 Web: $252.00
Publication Date: 2009
ISBN: 978 1 84720 659 6
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  • Economics and Finance
  • Law and Economics
  • Law - Academic
  • Commercial Law
  • Law and Economics
  • Law of Obligations
This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker.

Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
‘The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills.’
– Olivier Moreteau, Louisiana State University, US

‘Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on.’
– Helmut Koziol, European Centre of Tort and Insurance Law, Austria
Contributors: M. Artigot i Golobardes, O. Ben-Shahar, S. Boccara, J. De Mot, M. Faure, K. Fiore, M.A. Geistfeld, F. Gómez Pomar, L.A. Kornhauser, R.H. Kraakman, S.D. Lindenbergh, F. Müller-Langer, A.M. Polinsky, R.L. Revesz, H.-B. Schäfer, S. Shavell, W.H. Van Boom, P.P.M. van Kippersluis, B.C.J. van Velthoven, L.T. Visscher, G. Wagner
Contents:

General Introduction

PART I: EFFICIENT LIABILITY RULES
1. Strict Liability versus Negligence
Hans-Bernd Schäfer and Frank Müller-Langer

2. Contributory and Comparative Negligence in the Law and Economics Literature
Mireia Artigot i Golobardes and Fernando Gómez Pomar

PART II: CAUSATION AND MULTIPLE TORTFEASORS
3. Causation and Foreseeability
Omri Ben-Shahar

4. Joint and Several Liability
Lewis A. Kornhauser and Richard L. Revesz

5. Vicarious and Corporate Civil Liability
Reinier H. Kraakman

PART III: DAMAGES
6. Tort Damages
Louis T. Visscher

7. Pure Economic Loss
Jef De Mot

8. Non Pecuniary Losses
Siewert D. Lindenbergh and Peter P.M. van Kippersluis

9. Punitive Damages
A. Mitchell Polinsky and Steven Shavell

PART IV: SPECIFIC CASES
10. Environmental Liability
Michael Faure

11. Products Liability
Mark A. Geistfeld

12. Medical Malpractice
Steve Boccara

PART V: ALTERNATIVE COMPENSATION SYSTEMS
13. Tort Law and Liability Insurance
Gerhard Wagner

14. No-Fault Compensation Systems
Karine Fiore

PART VI: OTHER PERSPECTIVES ON TORT LAW
15. Harmonizing Tort Law: A Comparative Tort Law and Economics Analysis
Willem H. van Boom

PART VII: EMPIRICS
16. Empirics of Tort
Ben C.J. van Velthoven

Index