The Encyclopedia of Economic Principals

Chapter 74

Contracts, Liability, Legal Rules, and Enforcement

Legal rules as prices on care, activity, breach and crime.

Four of the chapter's worked examples, made interactive: strict liability against negligence, expectation damages and efficient breach, deterrence through detection and severity, and the price premium created by prohibition. Change one value at a time and watch the figure, the numbers and the hand calculation respond.

Every example here is a constructed teaching example: it uses the hypothetical numbers of the chapter's worked examples, plus a few values added for comparison and labelled as such in each panel. Nothing here measures a real market, firm or household.

Demonstration 1 of 4

Strict liability versus negligence and activity level

Both rules induce due care, so why do they produce different activity levels?

Strict liability puts the expected harm on the firm for every unit, so its activity choice reflects the full social cost. Negligence only asks whether care was due, so a careful firm expands activity as if its residual harm were free.

Equation, written in LaTeX: B(z)=24z-\frac{z^2}{2}.

Equation, written in LaTeX: 24-z-8=0,

Equation, written in LaTeX: 24-z-5=0

Scroll sideways for the whole equation

z is route units and B(z) the firm's benefit. Low care costs 2 per unit with expected harm 9; due care costs 5 with the expected harm shown. Under strict liability the firm pays all harm; under negligence a firm that takes due care pays none.

Predict first. Both rules induce due care. Which yields more route units?

Your prediction

Choose an example

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Figure: Strict liability versus negligence and activity level. Marginal benefit 24 - z against the full social cost 8. Under strict liability the firm chooses 16 route units; the efficient level is 16.
Liability rule: Strict liability, Expected harm under due care: 3
Constructed example: the chapter's hypothetical delivery firm (benefit 24z - z^2/2, low care 2 and 9, due care 5 and 3) is the book's; due-care harms of 1 and 5 and the lost-surplus triangle are added for comparison.

Calculated values

Social cost per unit, low care
11
Social cost per unit, due care
8
Care chosen
Due care
Firm's cost per unit
8
Route units z
16
Efficient units
16
Excess units
0
Lost surplus (red triangle)
0.00

Under strict liability the firm takes due care, since 5 + 3 = 8 is below 2 + 9 = 11. The firm pays for the harm, so it faces the full social cost 8 and chooses z = 24 - 8 = 16, the efficient level. Both rules get care right; only strict liability also gets the activity level right.

Worked steps

  1. Social cost per unit: low care 2 + 9 = 11, due care 5 + 3 = 8
  2. Strict liability: the firm bears 5 + 3 = 8 per unit and picks due care
  3. 24 - z - 8 = 0 gives z = 16

Use the idea

Where activity level matters as much as care, as with frequent risky operations, prefer a rule or a regulation that makes the actor bear residual harm.

Where the conclusion applies

A court that sets due care correctly, known expected harms and a linear marginal benefit. If regulation fixed activity at 16, both rules would give the same outcome.

Check your understanding: Under negligence, what is z, and why is it too high?
A compliant firm pays only 5 per unit: 24 - z - 5 = 0, so z = 19. Units 17 to 19 have marginal benefit below the full social cost 8 because the harm of 3 is not borne.

Chapter 74 source: section "Strict-liability versus negligence result".

Demonstration 2 of 4

Expectation damages and efficient breach

When do damages make a seller perform exactly when performing is efficient?

With damages equal to the buyer's expectation, the shop's choice compares P - C with -(V - P), which is the same as comparing V with C. Damages set too low invite wasteful breach; damages set too high force wasteful performance.

Equation, written in LaTeX: D=125-80=45.

Equation, written in LaTeX: 80-100=-20,

Equation, written in LaTeX: 125-100=25.

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The shop sells a part at P = 80 to a buyer who values it at V = 125. C is the shop's realized cost and D the damages a court awards for breach. Expectation damages are V - P = 45.

Predict first. With cost 100, what happens if the court awards only 15?

Your prediction

Choose an example

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Figure: Expectation damages and efficient breach. Shop payoffs: performing -20 and breaching (-45). The shop's choice is perform; the efficient choice is perform.
Realized cost: 100, Damages awarded: 45
Constructed example: the chapter's hypothetical machine shop (price 80, value 125, costs 100 and 150, damages 45, 15 and 80) is the book's; a cost of 125 is added for comparison.

Calculated values

Expectation damages V - P
45
Payoff from performing
-20
Payoff from breaching
-45
Shop's choice
Perform
Efficient choice
Perform
Social value lost
0

Performing pays 80 - 100 = -20; breaching costs the damages 45. Since -20 > -45, the shop performs. That matches the efficient choice: 25 of social value is created.

Worked steps

  1. Expectation damages = 125 - 80 = 45; damages awarded = 45
  2. Perform: 80 - 100 = -20; breach: -45
  3. Social comparison: value 125 against cost 100, difference 25

Use the idea

When setting or negotiating damages, aim at the promisee's lost expectation, since a mismeasured award distorts the performance decision.

Where the conclusion applies

Known values, full payment of damages and no transaction cost. Resale to a second buyer, which the chapter also discusses, is left out here.

Check your understanding: At cost 150 and damages 80, does the shop perform, and is that efficient?
Performing pays 80 - 150 = -70, which beats -80, so it performs, wasting 150 - 125 = 25 of social value.

Chapter 74 source: section "Expectation-damages efficient-performance result".

Demonstration 3 of 4

Becker deterrence: probability vs severity

Does catching more often or fining more heavily deter fare evasion, and what if fines go unpaid?

The rider compares the gain with the moral cost plus the expected sanction. Detection and severity enter as a product, but severity counts only for the part that is actually collected.

Equation, written in LaTeX: 40-6-(0.08)(150)=22,

Equation, written in LaTeX: 40-6-(0.25)(150)=-3.5,

Equation, written in LaTeX: 0.40\times470=188,

Equation, written in LaTeX: 40-6-(0.08)(188)=18.96.

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A rider gains 40 a month from evading and bears a moral cost of 6. p is the detection probability, F the stated penalty and the collected share the part of F actually paid. The expected sanction is p times the collected penalty.

Predict first. Does raising detection to 25 percent deter this rider (penalty 150, fully collected)?

Your prediction

Choose an example

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Figure: Becker deterrence: probability vs severity. Left: gain 40, moral cost 6 and expected sanction 12.00 give a net payoff of 22.00. Right: a uniform spread of 1,000 riders' benefits from 0 to 60, with 800.0 above the sanction.
Detection probability: 0.08, Stated penalty: 150, Share actually collected: 100%
Constructed example: the chapter's hypothetical rider (gain 40, moral cost 6, penalties 150 and 470, detection 0.08 and 0.25, collection 40 percent) and the 1,000 riders spread from 0 to 60 are the book's; detection of 0.15 is added for comparison.

Calculated values

Effective penalty
150
Expected sanction
12.00
Net payoff
22.00
This rider
Evades
Expected riders evading (of 1,000)
800.0

With detection 0.08, a stated penalty of 150 and 100 percent collected, the expected sanction is 0.08 x 150 = 12.00. The net payoff 40 - 6 - 12.00 = 22.00 is positive, so this rider keeps evading. Across 1,000 riders with benefits spread evenly from 0 to 60, about 800.0 still evade. A stated penalty deters only to the extent it is detected and collected.

Worked steps

  1. Effective penalty = 1.00 x 150 = 150
  2. Expected sanction = 0.08 x 150 = 12.00
  3. Net payoff = 40 - 6 - 12.00 = 22.00
  4. Riders evading = 1,000 x (60 - 12.00) / 60 = 800.0

Use the idea

When choosing between more inspection and higher fines, compare expected sanctions using the share of fines that is actually collected.

Where the conclusion applies

Risk-neutral riders, a known detection probability and a uniform spread of benefits in the population. Citations may rise when inspection expands even as evasion falls.

Check your understanding: With p = 0.08, F = 470 and 40 percent collection, what is the payoff?
Effective sanction 0.40 x 470 = 188; 40 - 6 - 0.08 x 188 = 18.96, still positive.

Chapter 74 source: section "Becker deterrence model of crime".

Demonstration 4 of 4

Prohibition risk premium

How do seizure, punishment and concealment raise the price of a banned good?

Enforcement raises the price through three channels: more seizure divides costs over fewer deliveries, punishment adds an expected cost, and suppliers spend more on concealment. A rise in ordinary production cost raises the price the same way, so a price observation alone cannot separate them.

Equation, written in LaTeX: p_L=\frac{45+7+8}{0.80}=75.

Equation, written in LaTeX: Q_D=1{,}800-10p.

Equation, written in LaTeX: p_H=\frac{45+25+14}{0.70}=120,

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A supplier pays the production cost, a concealment cost and an expected punishment per attempt, and a share of shipments is seized. The break-even delivered price is the cost per attempt divided by the share that gets through. Demand is Q = 1,800 - 10p.

Predict first. Can a price of 120 tell you whether enforcement got tougher?

Your prediction

Choose an example

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Figure: Prohibition risk premium. Demand line Q = 1,800 - 10p with a horizontal break-even price of 75 under low enforcement and production cost 45; quantity 1,050.
Enforcement regime: Low: seizure 20%, concealment 7, punishment 8, Ordinary production cost: 45
Constructed example: the chapter's hypothetical market (costs 45 and 81, low and high enforcement, demand 1,800 - 10p) is the book's; a production cost of 63 is added for comparison.

Calculated values

Seizure probability
0.20
Cost per attempt
60
Break-even price
75
Quantity
1,050

Under low enforcement a supplier pays 45 + 7 + 8 = 60 per attempt and loses a share 0.20 of shipments, so the break-even price is 60 / 0.80 = 75 and buyers take 1,050.

Worked steps

  1. Cost per attempt = 45 + 7 + 8 = 60
  2. p = 60 / 0.80 = 75
  3. Q = 1,800 - 10 x 75 = 1,050

Use the idea

Before reading a higher street price as evidence of tougher enforcement, check what happened to ordinary production and transport costs.

Where the conclusion applies

Competitive, risk-neutral suppliers with constant costs and linear demand. If demand at the break-even price were zero, the market would close.

Check your understanding: Under low enforcement with production cost 81, what is the price?
(81 + 7 + 8) / 0.80 = 96 / 0.80 = 120, the same as high enforcement with cost 45: (45 + 25 + 14) / 0.70 = 120; quantity is 600 either way.

Chapter 74 source: section "Prohibition risk premium".