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Article
Technology & Torts: A Theory of Memory Costs, Nondurable Precautions and Interference Effects
International Review of Law & Economics (2011)
  • Ben Depoorter
Abstract
This Article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of new technologies on the rate of litigation.
Keywords
  • technology,
  • torts
Publication Date
2011
Citation Information
Ben Depoorter. "Technology & Torts: A Theory of Memory Costs, Nondurable Precautions and Interference Effects" International Review of Law & Economics (2011)
Available at: http://works.bepress.com/bendepoorter/21/