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Einhorn, Michael A. - 2014

Written by a leading expert in copyright valuation, the paper reviews critical considerations for estimating damages in litigation regarding musical compositions and sound recordings. These valuations can also be related to matters involving breach of contract, tortuous interference, personal...

Persistent link: https://www.econbiz.de/10014195034

The Choice between Property Rules and Liability Rules Revisited : Critical Observations from Behavioral Studies

Lewinsohn-Zamir, Daphna - 2015

liability rules, namely transaction costs. Property rules should be used when transaction costs are low and the parties can … bargain with one another. Liability rules are best applied when transaction costs are high and bargaining is impossible or … particular, they claim that liability rules may be superior to property rules even when transaction costs are low. The Article …

Persistent link: https://www.econbiz.de/10014047730

An Analysis of Market-Based Damages for Breach of Contract in the CISG and PECL

Yovel, Jonathan - 2007

This essay studies the availability of market-based damages for breach of contract as a substitute for standard expectation damages in the law of international sales. It focuses on two major contractual regimes: the UN convention on Contracts for the International Sales of Goods, 1980 (CISG) and...

Persistent link: https://www.econbiz.de/10014057739

Lessons in Price Stability from the U.S. Real Estate Market Collapse

Boyack, Andrea J. - 2012

The U.S. residential housing market collapse illustrates the consequences of ignoring risk while funding mortgage borrowing. Collateral over-valuation was a foundational piece of the crisis. Over the past few decades, secondary markets, securitization, policy and psychology increased the flow of...

Persistent link: https://www.econbiz.de/10013115763

Law and Economics for Civil Law Systems - Introduction

Mackaay, Ejan - 2013

, civil liability and contract.The cover picture reproduces Breugel the Elder's Netherlandish proverbs. They often reflect …

Persistent link: https://www.econbiz.de/10013087086

Justifying Fiduciary Remedies

Miller, Paul B. - 2014

Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to disgorge all of their gains. It is widely understood that disgorgement deters disloyalty by threatening removal of gains, the prospect of which might incentivize wrongdoing....

Persistent link: https://www.econbiz.de/10013065173

Of Proprietary Restitution, Insurers' Subrogation and Insolvency Set-Off - The Untenable Case of Re Ballast

Ho, Look Chan - 2007

The court in Re Ballast [2006] EWHC 3189 (Ch) rejected the proposition that an insurer via subrogation has a proprietary interest in the insured's cause of action, but its reasoning is strewn with confusion and fails to appreciate the impact of insolvency set-off on the principle of...

Persistent link: https://www.econbiz.de/10012729101

Bankers' Liability for Mistaken Receipts and Misdirected Funds

Ho, Look Chan - 2007

Persistent link: https://www.econbiz.de/10012730859

To Err is Human

Rowley, Keith A. - 2007

This essay reviews Allan Farnsworth's final book, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions (Oxford U. Press 2004). There are many kinds of mistakes. One kind - a rational, well-intended decision or act that results in unanticipated, negative consequences - was the...

Persistent link: https://www.econbiz.de/10012777488

The Only Legitimate Rule

Pardy, Bruce - 2017

Is autonomy “natural”? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In...

Persistent link: https://www.econbiz.de/10012961973