liability and negligence rules

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8 Terms

1
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Strict liability

Injurer always liable for harm

2
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Negligence rule

Court sets a reasonable precaution level and if that level is met, Injurer not liable

3
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No liability

All cost goes to victim

4
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Simple negligence

Injurer is liable if xi<xi*

5
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Negligence with defense of contributory negligence

If the injurer is at fault and the victim is faultless the injurer is liable

If the injurer is faultless or the victim is at fault the injurer is not liable

6
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Strict liability with defense of contributory negligence

Injurer not liable

7
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Comparative negligence

If both at fault cost is split in proportion to negligence

If both faultless injurer is not liable

8
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Residual harm bearer

Always victim in every negligence rule

Always injurer in every liability rule