Cases and Materials on Torts, Tenth Edition by Epstein Richard A. & Sharkey Catherine M

Author:Epstein, Richard A. & Sharkey, Catherine M. [Epstein, Richard A.]
Language: eng
Format: mobi
Publisher: Aspen Publishers (Wolters Kluwer Legal)
Published: 2012-03-11T16:00:00+00:00

Vicarious liability . . . is inefficient because it distorts independent contractor relations by providing organizations which hire independent contracts with excessive incentives to employ thinly capitalized independent contractors, . . . notwithstanding that [they] are more likely to take excessive risks because they face little risk of tort liability for any harms caused. . . .

[In addition], vicarious liability fails to provide organizations with efficient incentives to use other tools available to them, such as financial incentives, to induce wealth-constrained independent contractors to take efficient care to prevent harm to others. Organizations bear the full cost of care, but they do not obtain the full benefit of preventing accidents, when their independent contractors cannot pay for the harms they cause.

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