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covered. The first is legal liability for harm. Here we discuss liability rules as incentives to reduce risk, issues of risk …-bearing and insurance, and the costs of the liability system. Second, we consider property law, where we address the nature and …
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liability and the nature of the fair use doctrine could therefore gain valuable insight from the general theory and economic … mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting …
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.Efficiency also supports extending liability for punitive damages to those breaches that are, in theory, “efficient.” The threat of … party for a release. Relying on Calabresi and Melamed's distinction between “property rules” and “liability rules …
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The strict liability rule applies in Chinese Contract Law. This article analyses the features of the Chinese Contract …
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Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the standard is specific performance. The common law solution is ex post efficient. But is it also ex ante efficient? We use experimental methods to test whether knowing that...
Persistent link: https://www.econbiz.de/10011715408
Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending trial. Through contingent contracts, the litigants can mitigate risk and/or speculate on the trial outcome. The opportunity for contingent contracting decreases the settlement rate and increases the...
Persistent link: https://www.econbiz.de/10011578658
In his influential paper “Contracting Into Liability Rules: Intellectual Property Rights and Collective Rights … superiority of property over liability rules, since Merges demonstrated a seemingly critical asymmetry between the two. Merges … liability rule, but that we weren’t similarly stuck with an inefficiently-allocated property rule.The evidence Merges brought to …
Persistent link: https://www.econbiz.de/10014178677
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