Coase-Sandor Working Paper Series in Law and Economics
Under the usual tort rules, damages for an accident equal the victim’s loss (compensation). This paper departs from current law by advocating damages equal to the injurer’s gain from untaken precaution divided by the probability of an accident (disgorg
Robert D. Cooter & Ariel Porat, "Disgorgement Damages for Accidents" (Coase-Sandor Institute for Law & Economics Working Paper No. 688, 2015).