Liability rules: An economic taxonomy

Giuseppe Dari-Mattiacci, Francesco Parisi

Research output: Chapter in Book/Report/Conference proceedingChapter

3 Scopus citations


The analysis of tort law is one of the most well-developed applications of economic methodology in the study of law. In this essay, we provide an overview of the economic approach to tort law, analyzing the effects of liability rules on care incentives. We catalogue a variety of possible tort regimes, systematically breaking down possible assignments of liability in terms of primary and secondary rules, and describe how their permutations distribute the costs of accidents (and the concomitant incentives to exercise precautionary care). We further consider what factual circumstances may render one tort regime preferable to another from the perspective of policymakers.

Original languageEnglish (US)
Title of host publicationComparative Tort Law
Subtitle of host publicationGlobal Perspectives
PublisherEdward Elgar Publishing Ltd.
Number of pages21
ISBN (Electronic)9781789905984
ISBN (Print)9781789905977
StatePublished - Jan 1 2021

Bibliographical note

Publisher Copyright:
© The Editors and Contributors Severally 2021.


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