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Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements? Comment

Ewerhart, Christian and Schmitz, Patrick W. (1998): Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements? Comment.

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Abstract

Kolstad, Ulen and Johnson (1990) have conjectured that exclusive use of negligence liability leads to suboptimal choice of precaution in the presence of uncertainty and that ex ante regulation can correct these inefficiencies. We complete their argument by making a mild additional premise.

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