Getting Incentives Right : Improving Torts, Contracts, and Restitution / Ariel Porat, Robert D. Cooter.

Format:

Book

Author/Creator:

Cooter, Robert D., author.

Porat, Ariel, author.

Language:

English

Subjects (All):

Restitution--United States.

Restitution.

Compensation (Law)--United States.

Compensation (Law).

Contracts--United States.

Contracts.

Torts--United States.

Torts.

Negligence--United States.

Negligence.

Liability (Law)--United States.

Liability (Law).

Genre:

Electronic books.

Physical Description:

1 online resource (241 p.)

Edition:

Course Book

Place of Publication:

Princeton, NJ : Princeton University Press, [2014]

Language Note:

English

Summary:

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.In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.

Contents:

Frontmatter

Contents

Acknowledgments

Introduction

I. Torts and Misalignments

II. Contracts and Victims' Incentives

III. Restitution and Positive Externalities

Conclusion

Table of Cases

Table of Books and Articles

Subject Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jul 2019)

Description based on publisher supplied metadata and other sources.

ISBN:

9781400850396

1400850398

OCLC:

869736024