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Existing literature on the contract law doctrine of duress identifies a number of tests to determine conditions under which a contract can be voided. No article provides a specific and formal economic analysis on the link between rent-seeking and the conditions under which allowing a defense of...
Persistent link: https://www.econbiz.de/10013003164
Litigation aims at resolving conflicts. In this chapter we survey the law and economics literature on litigation to illustrate the scope of application of rent-seeking models and their analytical power in the study of law and procedural issues of litigation, including applications in adversarial...
Persistent link: https://www.econbiz.de/10013086119
This article is part of a symposium on the work of Gordon Tullock, to be held in connection with the presentation to Tullock of the Lifetime Achievement Award of the Fund for the Study of Spontaneous Orders at the Atlas Research Foundation, for his contributions to the study of spontaneous...
Persistent link: https://www.econbiz.de/10012730815
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In Greece, the provision of tertiary education is permitted, by the constitution, only to "public" institutions where faculty and administrators are civil servants and public officials respectively. We construct an argument and present statistical data that describe the situation observed in...
Persistent link: https://www.econbiz.de/10014059281
This paper explores potential endowment effects of contractual default rules. For this purpose, we analyze the Hadley liability default clause in a model of bilateral bargaining of lotteries against safe options. The liability default clause determines the right for the safe payoff option. We...
Persistent link: https://www.econbiz.de/10010229851
Since the global financial crisis of 2007, regulators and economists have analysed the moral hazards inherent in institutional arrangements which encouraged economic actors to act irresponsibly. The process of institutional reform must extend to review of legal rules which allow transacting...
Persistent link: https://www.econbiz.de/10013138363
In this Article, we focus on an important problem involving mass-accident cases that was highlighted by the Deepwater Horizon litigation: overuse of courts to enforce contribution claims. These claims seek to shift incurred or expected liability and damages between the business and governmental...
Persistent link: https://www.econbiz.de/10013118233
Persistent link: https://www.econbiz.de/10013064242
This article was prepared as a contribution to the Chapman Law Review's symposium on “Libertarian Legal Theory.” While … libertarian legal theory and law and economics share many affinities there are places in which both the method of the common law …
Persistent link: https://www.econbiz.de/10013065076