Emotions in litigation contests

This paper introduces the concept of emotions into the standard litigation contest. Positive or negative emotions emerge when litigants either win or lose at trial and depend in particular on the level of defendant fault. Our findings establish that standard results of litigation contests change significantly when emotions are taken into account. We show that emotions may increase or decrease individual and total equilibrium contest effort, introduce an asymmetry into the contest, and reinforce or weaken a plaintiff’s incentives to bring a suit. In addition, we consider how emotions impact on justice.