The Economics of Remedies (Economic Approaches to Law Series 31)

The Economics of Remedies (Economic Approaches to Law Series 31)

By: Ariel Porat (editor)Hardback

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Description

This essential volume incorporates major contributions made by prominent scholars in the past forty years, which illustrate the understanding of the economics of remedies. The editor has selected seminal papers that analyze the well known distinction between property rules and liability rules and demonstrates its significance, and discuss the dilemma of which is the more efficient remedy - damages or specific performance. The collection also addresses questions concerning the measure of recovery and the scope of liability, and concludes with the novel topic of partial compensation under uncertainty. This set of indispensable papers, along with an original introduction by the editor, will be of great value to law professors, law students, judges, practicing lawyers interested in law and economics, and economists.

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Contents

Contents: Acknowledgements Introduction Ariel Porat PART I PROPERTY RULES AND LIABILITY RULES 1. Guido Calabresi and A. Douglas Melamed (1972), 'Property Rules, Liability Rules and Inalienability: One View of The Cathedral' 2. Lucian Arye Bebchuk (2001), 'Property Rights and Liability Rules: The Ex Ante View of the Cathedral' 3. Ronen Avraham (2004) 'Modular Liability Rules' 4. Barbara Luppi and Francesco Parisi (2011), 'Toward an Asymmetric Coase Theorem' PART II EFFICIENT BREACH: DAMAGES VS. SPECIFIC PERFORMANCE 5. Anthony T. Kronman (1977 - 1978), 'Specific Performance' 6. Alan Schwartz (1979), 'The Case For Specific Performance' 7. Thomas S. Ulen (1984 - 1985), 'The Efficiency of Specific Performance: Toward a Unified Theory of Contract Remedies' 8. Richard Craswell (1988), 'Contract Remedies, Renegotiation, and the Theory of Efficient Breach' PART III THE MEASURE OF RECOVERY 9. Robert Cooter and Melvin Aron Eisenberg (1985), 'Damages For Breach of Contract' 10. Louis Kaplow and Steven Shavell (1996), 'Accuracy in the Assessment of Damages' 11. A. Mitchell Polinksy and Steven Shavell (1998), 'Punitive Damages: An Economic Analysis' 12. Charles J. Goetz and Robert E. Scott (1977), 'Liquidated Damages, Penalties and the Just Compensation Principle: Some Notes on an Enforcement Model and a Theory of Efficient Breach' PART IV THE SCOPE OF LIABILITY 13. W. Bishop (1982), 'Economic Loss in Tort' 14. Samuel A. Rea Jr. (1982), 'Nonpecuniary Loss and Breach of Contract' 15. David Friedman (1982), 'What is "Fair Compensation" for Death or Injury' 16. Richard A. Epstein (1989), 'Beyond Foreseeability: Consequential Damages in the Law of Contract' PART V PARTIAL COMPENSATION 17. Saul Levmore (1990), 'Probabilistic Recoveries, Restitution, and Recurring Wrongs' 18. Ariel Porat (2007), 'Offsetting Risks'

Product Details

  • publication date: 30/03/2012
  • ISBN13: 9780857934482
  • Format: Hardback
  • Number Of Pages: 696
  • ID: 9780857934482
  • ISBN10: 0857934481

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