Behavioral Economics and Tort Law

Yoed Halbersberg, Ehud Guttel

Research output: Chapter in Book/Report/Conference proceedingChapter


The chapter discusses the contributions of cognitive psychology and behavioral studies to the research of tort law. These contributions, we show, relate to a wide range of issues in torts: from the basic decision to impose tort liability, through the choice between liability rules, to specific rules and remedies. Accordingly, behavioral studies are of particular significance for the analysis of the tort system. The literature review focuses on contributions made to three key elements of tort law: the choice between liability regimes; the choice between tort liability and regulation (including the choice between harm-based and risk-based liability); and damages (in particular, punitive damages and damages for pain and suffering). The chapter also offers two new avenues for future research: vicarious liability and people’s perceptions of the variability among large groups of tort victims.
Original languageEnglish
Title of host publicationThe Oxford Handbook of Behavioral Economics and the Law
PublisherOxford University Press
ISBN (Print)9780199945474
StatePublished - 1 Nov 2014


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