Book contents
- Frontmatter
- Contents
- Preface
- Readings in the economics of contract law
- Part I Some preliminaries
- 1.1 Non-contractual relations in business: a preliminary study
- 1.2 Relational exchange: economics and complex contracts
- 1.3 Production functions, transactions costs, and the new institutionalism
- 1.4 The market for “lemons”: quality uncertainty and the market mechanism
- 1.5 A treatise on the law of marine insurance and general average, volume I
- 1.6 The economics of moral hazard: comment
- 1.7 The economics of moral hazard: further comment
- 1.8 Efficient rent seeking
- Questions and notes on rent seeking
- Part II Contract law and the least cost avoider
- Part III The expectation interest, the reliance interest, and consequential damages
- Part IV The lost-volume seller puzzle
- Part V Specific performance and the cost of completion
- Part VI Power, governance, and the penalty clause puzzle
- Part VII Standard forms and warranties
- Part VIII Duress, preexisting duty, and good faith modification
- Part IX Impossibility, related doctrines, and price adjustment
- Questions and notes on impossibility and price adjustment
- References
- Index of cases
- Author index
- Subject index
1.6 - The economics of moral hazard: comment
Published online by Cambridge University Press: 10 November 2010
- Frontmatter
- Contents
- Preface
- Readings in the economics of contract law
- Part I Some preliminaries
- 1.1 Non-contractual relations in business: a preliminary study
- 1.2 Relational exchange: economics and complex contracts
- 1.3 Production functions, transactions costs, and the new institutionalism
- 1.4 The market for “lemons”: quality uncertainty and the market mechanism
- 1.5 A treatise on the law of marine insurance and general average, volume I
- 1.6 The economics of moral hazard: comment
- 1.7 The economics of moral hazard: further comment
- 1.8 Efficient rent seeking
- Questions and notes on rent seeking
- Part II Contract law and the least cost avoider
- Part III The expectation interest, the reliance interest, and consequential damages
- Part IV The lost-volume seller puzzle
- Part V Specific performance and the cost of completion
- Part VI Power, governance, and the penalty clause puzzle
- Part VII Standard forms and warranties
- Part VIII Duress, preexisting duty, and good faith modification
- Part IX Impossibility, related doctrines, and price adjustment
- Questions and notes on impossibility and price adjustment
- References
- Index of cases
- Author index
- Subject index
Summary
… The individual who has insurance which covers all costs demands medical care as though it had a zero price, but when he purchases insurance, he must take account of the positive cost of that care, as “translated” to him through the actuarially necessary premium. Hence, he may well not wish to purchase such insurance at the premium his behavior as a purchaser of insurance and as a demander of medical care under insurance makes necessary.
The presence of a “prisoners' dilemma” motivation makes this inconsistency inevitable. Each individual may well recognize that “excess” use of medical care makes the premium he must pay rise. No individual will be motivated to restrain his own use, however, since the incremental benefit to him for excess use is great, while the additional cost of his use is largely spread over other insurance holders, and so he bears only a tiny fraction of the cost of his use. It would be better for all insurance beneficiaries to restrain their use, but such a result is not forthcoming because the strategy of “restrain use” is dominated by that of “use excess care.”
It has been recognized in the insurance literature that medical insurance, by lowering the marginal cost of care to the individual, may increase usage; this characteristic has been termed “moral hazard.” Moral hazard is defined as “the intangible loss-producing propensities of the individual assured” [Dickerson, 1963, p. 463].
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- Information
- Readings in the Economics of Contract Law , pp. 31 - 32Publisher: Cambridge University PressPrint publication year: 1982
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