Abstract
Lengthy legal proceedings are often required before an individual who has unjustly lost income is compensated. The utility loss while waiting in straitened circumstances exceeds the utility gain from later compensation if compensation is merely monies lost plus interest. The excess loss will be larger the more averse the individual is to intertemporal variation in consumption, the less complete and perfect the markets for borrowing and trading contingent claims, and the less the certainty about whether an award will be made. To make an injured individual whole, the focus should be on compensating not for loss of discounted income, but for loss of utility.
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References
American Law Institute. (1979).Restatement of the Law, Second: Torts 2nd, Vol. 4. St. Paul: American Law Institute Publishers, p. 500.
Brown, John P.. (1973). “Toward an Economic Theory of Liability,”Journal of Legal Studies 2, 323–350.
Calabresi, Guido. (1970).The Costs of Accidents. New Haven, Conn.: Yale University Press.
Calamari, John D., and Joseph M. Perillo. (1987).The Law of Contracts. St. Paul: West Publishing Company.
Danzon, Patricia M. (1987). “Compensation for Occupational Disease: Evaluating the Options,”Journal of Risk and Insurance 2, 262–282.
Posner, Richard A. (1972). “A Theory of Negligence,”Journal of Legal Studies 1, 28–96.
Shavell, Steven. (1987).Economic Analysis of Accident Law. Cambridge: Harvard University Press.
Weiler, Paul C., et al. (1993).A Measure of Malpractice. Cambridge: Harvard University Press.
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David Kuo, Laurie King, and Linda Herman provided valuable research assistance. The Decision, Risk, and Management Science program at the National Science Foundation and the Bradley Foundation provided research support.
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Pratt, J.W., Zeckhauser, R. Delayed compensation for lost income. J Risk Uncertainty 7, 301–310 (1993). https://doi.org/10.1007/BF01079629
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DOI: https://doi.org/10.1007/BF01079629