Seminar paper from the year 2009 in the subject Business economics - Law, grade: 1, 3, Otto-von-Guericke-University Magdeburg (Fakultät für Wirtschaftswissenschaft), course: Law and Economics, language: English, abstract: Two liability schemes can be used by jurisdictions to ascertain firms comply with environmental protection. Strict liability enforces the companies to use appropriate care. However, the consumers have to be forced to protect themselves, too, by the use of the defence of contributory negligence. Then, the social optimal behaviour of both, the firm and the consumers is reached.
As for negligence, this may induce the firm to take appropriate care. However, as wealth among firms is heterogeneous, this does not necessarily hold for all firms. Additionally, negligence induces con-sumers to purchase too much.