Abstract

UNTIL recently it has been thought that a negligence rule (with or without a contributory negligence defense) is economically efficient while a comparative negligence rule is not.' Haddock and Curran2 and Cooter and Ulen3 have corrected this misconception, arguing that it is possible to design an efficient comparative negligence rule. Cooter and Ulen have argued further that a comparative negligence rule is superior to a negligence rule when injurers and victims bear risk and there is evidentiary uncertainty.4

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