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Although foundational to the tort law of both common law and civil law countries, the concept of damage has been the object of surprisingly little analysis by academics in the common law world. The aim of this article is to redress the balance somewhat by looking more closely at the meaning of...
Persistent link: https://www.econbiz.de/10012900297
The key economic issues in implementing the law of unilateral mistake are twofold. First, it should avoid misallocation of resources; second, it ought to create a sufficient incentive for acquisition of information. However, the rule of unilateral mistake in English contract law does not serve...
Persistent link: https://www.econbiz.de/10012772059
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In preparation for this talk I have reviewed cases of interest in the High Courts and Courts of Appeal of England and Wales and Northern Ireland from the past two years or so on professional negligence and liability and principally relating to solicitors. There are six topics of interest: the...
Persistent link: https://www.econbiz.de/10013056746
economics, for a form of ‘political economy': economists should use theory to generalise what facts tell us rather than trying …
Persistent link: https://www.econbiz.de/10012928857
contrary to the conventional understanding of legal reasoning in the common law. Dworkin’s theory of interpretation as applied … to the common law is not open to these objections, but its critics object that it lacks a sound basis in a theory of …
Persistent link: https://www.econbiz.de/10013240401
As a student at the London School of Economics (LSE), Ronald Coase posed a seemingly naïve question that would, in time, fundamentally change the face of economics and earn him the Nobel Prize: ‘Why do firms exist?' The import of this simple question derived not only from the response Coase...
Persistent link: https://www.econbiz.de/10013076754
The law-and-economics movement has made a huge impact on the scholarship of contract law in the US. But compared to their US counterparts, English legal scholars are less enthusiastic about adopting the economic approach in their research. Existing studies have rarely, from an economic...
Persistent link: https://www.econbiz.de/10012715678