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This article offers a new mechanism of private enforcement, combining sanctions and rewards into a scheme of "reversible rewards." The enforcing party sets up a pre-committed fund and offers it as reward to another party to refrain from violation. If the violator turns down the reward, the...
Persistent link: https://www.econbiz.de/10010812175
Legal rights may erode as a result of past, uncontested, breach. In light of ongoing violations, the rightholder's lackluster enforcement may result in the loss of the entitlement. The doctrines of course of performance in contract law and adverse possession in property law are prominent...
Persistent link: https://www.econbiz.de/10005741668
This article questions, and in some contexts disproves, the validity of the efficiency justifications for the comparative negligence rule. One argument in the literature suggests that comparative negligence is the superior rule in the presence of court errors. The analysis here shows the...
Persistent link: https://www.econbiz.de/10005436448
Parties who make investments that generate externalities may sometimes recover from the beneficiaries, even in the absence of contract. Previous scholarship has shown that granting recovery, based on either the cost of reasonable investment or the benefit conferred, can provide optimal...
Persistent link: https://www.econbiz.de/10005562743