Eggshell Skulls,Himalayan Photographers,and Efficient Law A tortfeasor takes his victim as he finds him If the victim is unusually vulnerable,the tortfeasor pays for the unusual damage Posner argues that this is the efficient rule Because it gives potential tortfeasors the right average incentive Including a high probability of low injury and damage payment,low probability of high This is the same problem as sending valuable film to Walgreens The vulnerable victim knows he is vulnerable,the potential tortfeasor doesn't Just as the Himalayan photographer knew his film was valuable Posner could have made the same argument there,didn't Thus in each case concluding that the common law was efficient Which points out a problem with evidence for his conjecture First you see what the common law rule is Then you construct an argument to show that that is the efficient rule Eggshell Skulls, Himalayan Photographers, and Efficient Law • A tortfeasor takes his victim as he finds him • If the victim is unusually vulnerable, the tortfeasor pays for the unusual damage • Posner argues that this is the efficient rule • Because it gives potential tortfeasors the right average incentive • Including a high probability of low injury and damage payment, low probability of high • This is the same problem as sending valuable film to Walgreens • The vulnerable victim knows he is vulnerable, the potential tortfeasor doesn’t • Just as the Himalayan photographer knew his film was valuable • Posner could have made the same argument there, didn’t • Thus in each case concluding that the common law was efficient • Which points out a problem with evidence for his conjecture • First you see what the common law rule is • Then you construct an argument to show that that is the efficient rule