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The Pure Theory of Multilateral Obligations

Schweizer, Urs - In: Journal of Institutional and Theoretical Economics (JITE) 161 (2005) 2, pp. 239-239

by general principles of liability. The legal practice of granting compensation of negative but not positive effects …

Persistent link: https://www.econbiz.de/10005582030

Unmanifested Harm in Business-to-Consumer Transactions

Miller, Geoffrey P. - In: Journal of Institutional and Theoretical Economics (JITE) 167 (2011) 1, pp. 80-93

Persistent link: https://www.econbiz.de/10008836333

An Information Saving and Efficient Nuisance Rule

Kim, Iljoong - In: Journal of Institutional and Theoretical Economics (JITE) 158 (2002) 3, pp. 514-514

The existing literature postulates that in nuisance suits courts should balance, for a property right under conflict, several values of the litigating parties. This practice, however, is controversial, mainly due to courts´ resource scarcity. This paper suggests an alternative institutional...

Persistent link: https://www.econbiz.de/10005247742

State Liability for Wrongful Conviction: Incentive Effects on Crime Levels

Fon, Vincy; Schäfer, Hans-Bernd - In: Journal of Institutional and Theoretical Economics (JITE) 163 (2007) 2, pp. 269-284

liability mitigates this problem; compensating the wrongfully convicted induces some individuals not to commit crimes, thereby … leading to a lower crime level. However, state liability may distort the behavior of judges if the welfare of judges is …

Persistent link: https://www.econbiz.de/10005764338

The Questionable Efficiency of the Efficient-Breach Doctrine

Lewinsohn-Zamir, Daphna - In: Journal of Institutional and Theoretical Economics (JITE) 168 (2012) 1, pp. 5-26

property rules is greater than the risk of the courts' miscalculation of damages under liability rules. The article presents …

Persistent link: https://www.econbiz.de/10010552147

Regulation by Contract, Regulation by Machine

Radin, Margart Jane - In: Journal of Institutional and Theoretical Economics (JITE) 160 (2004) 1, pp. 142-142

Two potentially widespread phenomena, mass standardized contracts and digital rights management systems, could have dramatic impact on how the law of property and contract regulates the distribution of intellectual property. This paper argues these phenomena motivate a more careful consideration...

Persistent link: https://www.econbiz.de/10005582114

Fragmentation in Property: Towards a General Model

Schulz, Norbert; Parisi, Francesco; Depoorter, Ben - In: Journal of Institutional and Theoretical Economics (JITE) 158 (2002) 4, pp. 594-594

This paper develops a general model of anticommons fragmentation in property. Using several related examples, we consider the equilibria obtained under different scenarios. The various illustrations are later utilized to develop a model of fragmented property. The model reveals that the private...

Persistent link: https://www.econbiz.de/10005823426

Revisiting the Learned Hand Formula and Economic Analysis of Negligence

Kim, Jeonghyun - In: Journal of Institutional and Theoretical Economics (JITE) 169 (2013) 3, pp. 407-432

The Learned Hand formula is enshrined in the law-and-economics literature as the centerpiece of the courts´ way of determining negligence. The orthodox interpretation of it is the conditional application of the Hand formula contingent on the other party´s assumed efficient behavior. Reviewing...

Persistent link: https://www.econbiz.de/10010903170

Innovation, Tort Law, and Competition

Baumann, Florian; Heine, Klaus - In: Journal of Institutional and Theoretical Economics (JITE) 169 (2013) 4, pp. 703-719

We examine the link between innovative activity on the part of firms, the competitive pressure to introduce innovations, and optimal damages awards. While innovative activity brings forth valuable new products for consumers, competitive pressure in the ensuing innovation race induces firms to...

Persistent link: https://www.econbiz.de/10010903194

Status and Liability

Baumann, Florian; Friehe, Tim; Hillesheim, Inga - In: Journal of Institutional and Theoretical Economics (JITE) 171 (2015) 2, pp. 285-307

We analyze liability law when the value of the good at risk has an influence on the consumer's social status. It is … first established that standard liability rules fail to induce efficient choices. We argue that standard negligence will … tend to outperform standard strict liability. Next, we suggest welfare-improving adjustments to strict liability and …

Persistent link: https://www.econbiz.de/10011272935