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Behavioral Law and Economics$
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Eyal Zamir and Doron Teichman

Print publication date: 2018

Print ISBN-13: 9780190901349

Published to Oxford Scholarship Online: June 2018

DOI: 10.1093/oso/9780190901349.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 January 2021

Tort Law

Tort Law

(p.325) 9 Tort Law
Behavioral Law and Economics

Eyal Zamir

Doron Teichman

Oxford University Press

This chapter presents an overview of the behavioral analysis of tort law. It begins by presenting a summary of traditional economic analysis of tort law. That done, it examines various tort regimes (i.e., negligence and strict liability), as well as alternative legal regimes that base liability on the creation of risk rather than the materialization of harm, in light of the bounded rationality of potential tortfeasors and adjudicators. The chapter further explores the implications of behavioral findings for the calculation of damages in tort cases. Finally, it addresses the topic of product liability law, and highlights the ramifications of consumers’ bounded rationality for this area of law.

Keywords:   tort law, behavioral analysis, negligence, strict liability, tort damages, product liability

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