Binding Early Offers as a Simple, if Second-Best, Alternative to Tort Law
O'Connell, Jeffrey & Eaton, Geoffrey Paul
Abstract
I. Introduction II. Complexity, Simplicity, and Tort Law ... A. Complexity ... B. Simple Rules ... C. Personal Injury Tort Law Is a Complex Rule III. "Early Offers" IV. "Early Offers" Is a Simple Rule ... A. Epstein's Simple Rule for Torts: Protection from Aggression ... B. Administrative Costs and Incentive Effects ... C. Early Offers as Almost-Contract: An Argument from the Political Economy of Complexity