Confiscation of Vehicles in Relation to 'Crazy Driving': Cf. Traffic Act § 133 a. An Investigation of Applicable Law and Risk Factors in Relation to Third Parties

Abstract

The purpose of this thesis is to create an overall picture of the financial and legal challenges faced by third parties in connection with the new law about ‘crazy driving’. The assignment uses the legal discipline, including the legal dogmatic method, to analyze the legal conditions that apply within the area of the problem. The assignment uses the neoclassical research program including principal-agent theory, strategic contracting and microeconomics to derive the financial results. In addition, the assignment uses a legal economics approach via the Kaldor-Hicks model to investigate whether the law is socially efficient. The analysis concludes that there have not yet been any judgments stating that the law contravenes the Danish constitution, EU law or the ECHR, but that international practice may in certain cases indicate this. The analysis also provides an overview of the challenges and risks that the law has imposed on employers and third parties, and the assignment provides calculation examples of how third parties can reduce these risks in their business. Finally, it is concluded that the law is not socially efficient in relation to a legal economic approach.