Tort Liability and Unawareness
Chakravarty, S; Kelsey, D; Teitelbaum, JC
Date: 4 April 2024
Journal
International Economic Review
Publisher
Wiley / Economics Department of the University of Pennsylvania / Osaka University Institute of Social and Economic Research Association
Publisher DOI
Abstract
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.
Following Karni and Vierø (2013), we model unawareness by Reverse Bayesianism. ...
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.
Following Karni and Vierø (2013), 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.
Economics
Faculty of Environment, Science and Economy
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