Abstract: In this Chapter, I provide an overview of Law and Economics literature regarding tort damages. Where necessary, attention is also spent to rules of tort liability. Both types of rules provide behavioral incentives to both injurers and victims, with respect to their level of care and activity. Moreover, they determine who is the residual risk bearer. Many topics determine who ultimately bears which risks, among which the applicable liability rule (strict liability or negligence), the question which losses are included in the damages and which are excluded, the issue whether punitive damages are possible, how future losses, damages for nonpecuniary losses and fatal accidents are calculated, and how the topic of multiple tortfeasors is dealt with. Finally, empirical research regarding tort damages is briefly touched upon. The Chapter is followed by an extensive bibliography.

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Rotterdam Institute of Law and Economics (RILE) Working Paper Series
Rotterdam Institute of Law and Economics

Visscher, L. (2008). Tort Damages (No. 2008/02). Rotterdam Institute of Law and Economics (RILE)
Working Paper Series. Retrieved from http://hdl.handle.net/1765/31472