- Research Handbooks in Law and Economics series
Edited by Jennifer H. Arlen
Chapter 18: Empirical analysis of tort damages
The law and economics theory of damages for tort cases is much more abstract and less nuanced than the practice of setting the value of these awards. How awards are set and at what levels are both crucial determinants of the functioning of the tort liability system. Do tort damages in fact establish appropriate incentives for deterrence and provide the levels of insurance consistent with law and economics theory? Are there inadequacies in the levels of these damages that might warrant some kind of reform to the damages determination process? Have there been stark upward trends in amounts of damages that would suggest that the functioning of the tort system has changed in a perhaps unintended manner? This chapter reviews the different damages’ components and provides a general empirical review of their performance.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.