Why do Ordinary Damages Go to the Victim? As a form of insurance,but not a very good form To combine two incentives in one person A reward to make the victim report and sue Combined with the incentive to deter acts that harm him But is it the right incentive? The patent troll problem. The Athenian solution:Losing tort plaintiff owed damages to the defendant Getting the incentive right is a problem not limited to tort law As we will be seeing this week Why do Ordinary Damages Go to the Victim? • As a form of insurance, but not a very good form • To combine two incentives in one person • A reward to make the victim report and sue • Combined with the incentive to deter acts that harm him • But is it the right incentive? • The patent troll problem. • The Athenian solution: Losing tort plaintiff owed damages to the defendant • Getting the incentive right is a problem not limited to tort law • As we will be seeing this week