Guido Calabresi on Torts: Italian Courts and the cheapest cost avoider

Pardolesi, Roberto and Tassone, Bruno (2008) Guido Calabresi on Torts: Italian Courts and the cheapest cost avoider. Erasmus Law Review, 1 (4). p. 7-39.

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Guido Calabresi proposed to replace the dominating paradigm of fault with simpler strict liability rules that put liability on the most appropriate actors (the cheapest cost avoiders). Assuming that the objective function of the tort system is the mimimization of the sum of the injury and injury avoidance costs associated with accidents (primary costs), risk-spreading costs (secondary costs), and administrative costs (tertiary costs), he suggested that the adoption of strict liability, targeted to specified activities, would achieve the goal of cost minimization. The core of an extremely richer message was that the cheapest cost avoider test would abate the administrative costs of courts. Moreover, the manufacturers’ ability to spread the costs of strict liability through the prices charged for their products would effectively insure product users against the risks of injury. This masterpiece of normative analysis has deployed an ever increasing influence on thinking about tort law, not only in the US but also in Europe. This paper aims to trace the impact of Calabresi’s ideas on Italian case-law. After a brief introduction, section 2 outlines the methodology adopted in the research. The following sections, 3 to 13, present (and cursorily comment on) the opinions which display the influence of Calabresi’s thinking. Section 14 summarizes and concludes.

Item Type: Article
Research documents and activity classification: Journal Articles > Articles > Articles published in or submitted to a Journal without IF refereed / of international relevance
Divisions: Department of Law
MIUR Scientific Area: Area 12 - Law > IUS/02 Comparative Private Law
Deposited by: Barbara Scipioni
Date Deposited: 30 Oct 2009 08:46
Last Modified: 21 Apr 2015 23:11


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