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Challenges in the Era of Globalization - iaabd

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Proceed<strong>in</strong>gs <strong>of</strong> <strong>the</strong> 12th Annual Conference © 2011 IAABD<br />

Ex post liability allocation<br />

To fix ideas, assume that if <strong>the</strong>re is a reversal, <strong>the</strong> third party always sues <strong>the</strong> <strong>in</strong>vestor under <strong>the</strong> doctr<strong>in</strong>e<br />

<strong>of</strong> vicarious liability. We also take it that <strong>the</strong> host has no personal assets and <strong>the</strong>refore cannot satisfy any<br />

court judgment. However, <strong>the</strong> <strong>in</strong>vestor has sufficient wealth to pay for this liability. The <strong>in</strong>vestor becomes<br />

liable for <strong>the</strong> harm only when <strong>the</strong> host is declared negligent. Let e s be <strong>the</strong> legal standard <strong>of</strong> care. Thus, <strong>the</strong><br />

<strong>in</strong>vestor is held liable if e

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