Corpus ID: 56445192

Tort Negligence, Cost-Benefit Analysis and Tradeoffs: A Closer Look at the Controversy

  title={Tort Negligence, Cost-Benefit Analysis and Tradeoffs: A Closer Look at the Controversy},
  author={Kenneth W Simons},
  journal={Social Science Research Network},
  • K. Simons
  • Published 11 April 2008
  • Economics
  • Social Science Research Network
What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or reasonable care? A straightforward question, you might think. But it is a question that manages to elicit groans of exasperation from those on both sides of the controversy. For most utilitarians and adherents to law and economics, the answer is obvious: to say that people should not be negligent is to say that they should minimize the sum of the costs of accidents and the costs of preventing… Expand
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