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Getting Incentives Right: Improving Torts, Contracts, and Restitution


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Getting Incentives Right

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Getting Incentives Right

Cooter Ariel Porat February 23, Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others.

Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good.

About De Gruyter

Cooter is the Herman F. Flowing text, Original pages.

Fault in Contract Law: Steven Thel, "A Promisor-Based Defense of Willful Breach Doctrine"

Web, Tablet, Phone, eReader. It syncs automatically with your account and allows you to read online or offline wherever you are. Please follow the detailed Help center instructions to transfer the files to supported eReaders. Fault in American Contract Law. Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.

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Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach?


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