Accidental Infringement vs. Strict Liability: A Comparative Analysis
Delve into the debate between accidental infringement and strict liability in legal contexts, exploring the nuances of negligence, user incentives, and the cost of precaution in preventing accidents and addressing patent issues. This comprehensive comparison sheds light on the complexities of liability frameworks.
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Presentation Transcript
Accidental Infringement Patrick Goold City University
Strict Liability or Negligence?
The Case for Negligence 1 2 Preventing Accidents Equity Incentives for Bilateral Care Sharing Risk
User Incentives Yes Yes Owner Incentives No Yes Externalities Internalized No User only Admin. Cost Low Moderate Moderate Error Cost Strict Negligence Strict + Con. Neg. Negligence + Con. Neg. Moderate Yes Yes Owner only Moderate High Yes Yes User only High High
Strict Liability or Negligence?
Cost of Precaution (B) = Probability of Accident (P) x Loss (L) B> PL = Take less care B < PL = Take more care
