Item Infomation


Title: 
The interaction of emotions and cost-shifting rules in civil litigation
Authors: 
Ben, Chen
José A., Rodrigues-Neto
Issue Date: 
2022
Publisher: 
Springer
Abstract: 
We model civil litigation as a simultaneous contest between a plaintiff and a defendant who have monetary and emotional preferences. The litigants’ emotional variables capture a non-monetary joy of winning and relational emotions toward each other. A contest success function (CSF) describes the litigants’ respective probabilities of success based on their endogenous litigation expenses and exogenous relative advantages. The model does not specify a functional form for the CSF. Instead, it accommodates any CSF that satisfies general and intuitive assumptions, which capture frequently-used functional forms. A cost-shifting rule allows the winner to recover an exogenous proportion of her litigation expenses from the loser.
Description: 
CC BY
URI: 
https://link.springer.com/article/10.1007/s00199-022-01426-4
https://dlib.phenikaa-uni.edu.vn/handle/PNK/7770
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