TY - JOUR AU - Shavell,Steven TI - Minimum Asset Requirements JF - National Bureau of Economic Research Working Paper Series VL - No. 9335 PY - 2002 Y2 - November 2002 UR - http://www.nber.org/papers/w9335 L1 - http://www.nber.org/papers/w9335.pdf N1 - Author contact info: Steven Shavell Harvard Law School 1575 Massachusetts Avenue Hauser Hall 508 Cambridge, MA 02138 Tel: 617/495-3668 Fax: 617/496-2256 E-Mail: shavell@law.harvard.edu AB - Requirements that parties have assets of at least a minimum level in order to participate in an activity are frequently imposed. A principal rationale for minimum asset requirements is considered in this article potential injurers have stronger incentives to prevent harm, or not to engage in harmful activities, provided that they have at least the required level of assets at stake if they are sued for causing harm. The optimal minimum asset requirement generally reflects a tradeoff between this advantage and the disadvantage that some parties with assets below a required level ought to engage in the activity (because the benefits they would obtain exceed the expected harm they would cause). Additionally, it is emphasized that minimum asset requirements are socially desirable only when the victims of harm are not customers of firms. When victims of harm are customers of firms, minimum asset requirements are socially undesirable. ER -