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Open Access Publications from the University of California

Torts and Social Costs: The Judgment Proof Problem as a Matter of Rational Choice


The Judgment Proof Problem has usually been analyzed as an issue concerning a type of agents. This paper explores the possibility of dealing with the same class of situations as an alternative of rational choice available for any agent with some assets, instead. The basic model drawn up for that aim assumes that becoming a Judgment Proof is a costly choice as well as the relation between its cost and the level of goods actually shielded depends on the institutional framework implied.

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