Title

Liability Externalities and the Law: A Comment on Cooter and Porat

Document Type

Article

Publication Date

2006

Publisher

De Gruyter

Language

en-US

Abstract

Robert Cooter and Ariel Porat have offered a simple model of tort liability with sensiblereform proposals. Their focus is in on damage levels, and how those levels can be modified toreflect the socially desirable level of externalization. However, to the extent that there is anygain to be achieved by modifying damage awards, it would be better to secure this gain throughother approaches, such as adopting a more careful analysis of factual causation or reducing thelikelihood of judicial error.

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