Tort and Accident Law
Intermediate
Activity Level
The amount or frequency of an activity that creates benefits but also increases expected accident costs or other external harms.
Why It Matters
Activity-level analysis shows that legal rules may affect not only how carefully actors behave, but also how much risky activity they undertake.
Selected Literature
A short list of directly relevant archive entries.
1961
Intermediate
1970
Advanced
2004
Advanced
2016
Advanced
Related Cases
1944
Foundations of Law and Economics
Escola v. Coca Cola Bottling Co.
24 Cal. 2d 453, 150 P.2d 436 (1944)
Proof of negligence and the allocation of product-accident risk between manufacturers and consumers.
1947
Foundations of Law and Economics
United States v. Carroll Towing Co.
159 F.2d 169 (2d Cir. 1947)
Negligence, precaution costs, accident probability, and expected loss.
1976
Securities Regulation
Ernst & Ernst v. Hochfelder
425 U.S. 185 (1976)
Scienter requirement for private damages actions under Section 10(b) and Rule 10b-5.
1980
Securities Regulation
Aaron v. SEC
446 U.S. 680 (1980)
Which antifraud provisions require the SEC to prove scienter when it seeks an injunction.