In a more realistic case than cars and tanks .. How do we decide which party is liable if negligent?The argument works poorly for auto collisions,better for Situations where there is some consistent difference between the two parties Driver vs pedestrian,for example The same logic works for contributory negligence I pay for your damage unless you were negligent So you won't be,so I will,so I will take the optimal precautions Suppose the court cannot accurately judge negligence The least bad rule may be to split the damage Along the lines of the argument for coinsurance In a more realistic case than cars and tanks … • How do we decide which party is liable if negligent? The argument works poorly for auto collisions, better for • Situations where there is some consistent difference between the two parties • Driver vs pedestrian, for example • The same logic works for contributory negligence • I pay for your damage unless you were negligent • So you won’t be, so I will, so I will take the optimal precautions • Suppose the court cannot accurately judge negligence • The least bad rule may be to split the damage • Along the lines of the argument for coinsurance