ENGLISH VERSUS AMERICAN RULE : AN EXPERIMENTAL ANALYSIS
| Affiliation auteurs | !!!! Error affiliation !!!! |
| Titre | ENGLISH VERSUS AMERICAN RULE : AN EXPERIMENTAL ANALYSIS |
| Type de publication | Journal Article |
| Year of Publication | 2020 |
| Auteurs | Gabuthy Y, Peterle E, Tisserand J-C |
| Journal | REVUE ECONOMIQUE |
| Volume | 71 |
| Pagination | 973-1004 |
| Date Published | NOV |
| Type of Article | Article |
| ISSN | 0035-2764 |
| Mots-clés | Experiments, fee-shifting rules, Litigation, moral hazard |
| Résumé | In this paper, we conduct an experiment in order to analyze how the trial costs allocation rule (i.e., American or English rule) may shape the efficiency of the litigation process, via its effect on the attorney's effort, the deterrence of meritless claims and the plaintiff's incentives to go to court. It appears that the English rule helps to screen out low-quality claims, partly by lessening attorneys' incentives to provide effort to defend such cases ex post (and hence discouraging potential clients to go to trial ex ante). |