This paper allows for avoidance activities in the accident setting and analyzes how this affects the evaluation of uncertain due care standards and of different negligence conceptions from an efficiency perspective. Importantly, our analysis also shows that punitive damages, i.e., damages above the harm incurred, can be welfare-reducing if injurers can choose avoidance.

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On Avoidance Activities After Accidents
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Citation Information: Review of Law & Economics. Volume 6, Issue 2, Pages 181–195, ISSN (Online) 1555-5879, DOI: 10.2202/1555-5879.1406, September 2010
Publication History:
- Published Online:
- 2010-09-02


















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