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Published online by Cambridge University Press: 24 January 2022
Negligence is a more efficient liability rule than strict liability. Under a negligence liability rule, all parties (owners and users) will be incentivised to adopt reasonable, cost-justified, and non-excessive care to avoid infringements. This will minimise the overall social cost imposed by accidents. At the same time, introducing a negligence liability rule will distribute creative risk more equitably leading to a more just and attractive culture.
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