Law School Discussion

Torts: Allocative Efficiency

Torts: Allocative Efficiency
« on: December 14, 2005, 02:16:17 PM »
My prof spent a bunch of time explaining allocative efficiency and distributional fairness economic principles.  I get the concepts, but am having trouble figuring out where they would even go in an analysis of a hypothetical on the exam.  He discussed them in the context of comparing strict liability and negligence regimes, but since its now established that only certain specific instances are governed by SL (ie: products liability, ultrahazards, nuisance, etc) and the rest is negligence, I don't see where a discussion of the economics of each would apply.  He spent so much time on it in class though that I have a hard time believing he doesn't want it to show up somewhere.  Anybody know where I could stick these into an analysis?  Thanks

Re: Torts: Allocative Efficiency
« Reply #1 on: December 14, 2005, 03:26:41 PM »
He might give you a policy question that deals only with those issues asking you why strict liability might be better than negligence and vice versa.