Tort law and economics limits and possibilities of applying the incremental learned hand standard and the cheapest cost avoider criterion, with emphasis on State liability in Portugal and Brazil
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Abstract
The basic working hypothesis of this paper is that it is possible to apply fundamentals of economic analysis of law in the process of attributing State liability. Two objetives are pursued. The general objective of investigate the potential application of the Incremental Learned Hand Standard and the Cheapest Cost Avoider Criterion in the study of State liability, conducted in the light of comparative law, with emphasis on the Portuguese and Brazilian legal system. The specific objective of contributing to the development of the theoretical framework of economic analysis of tort, which comprises the adoption of the theme of State liability as a theoretical substrate, the study of the interface between the Incremental Learned Hand Standard and the Cheapest Cost Avoider Criterion and the investigation of how such institutes are applied in legal practice.