Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/46415 
Year of Publication: 
2011
Series/Report no.: 
CESifo Working Paper No. 3351
Publisher: 
Center for Economic Studies and ifo Institute (CESifo), Munich
Abstract: 
This paper introduces the concept of emotions into the standard litigation contest. Positive (negative) emotions emerge when litigants win (lose) at trial and are dependent in particular on the level of defendant fault. Our findings establish that standard results of litigation contests change significantly when emotions are taken into account. We show that emotions may increase or decrease individual and total equilibrium contest effort, introduce an asymmetry into the contest, and reinforce or weaken a plaintiff's incentives to bring a suit. In addition, we consider how emotions impact on justice.
Subjects: 
emotions
litigation contest
trial
defendant fault
JEL: 
K41
D72
Document Type: 
Working Paper
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