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2003

Law and Economics

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Selected Works

Articles 1 - 3 of 3

Full-Text Articles in Law

Roundtable: Recent Developments In Section 2, Aaron S. Edlin Aug 2003

Roundtable: Recent Developments In Section 2, Aaron S. Edlin

Aaron Edlin

No abstract provided.

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Optimal Penalties In Contracts, Aaron S. Edlin, Alan Schwartz Apr 2003

Optimal Penalties In Contracts, Aaron S. Edlin, Alan Schwartz

Aaron Edlin

Reviews the literature on breach of contract and contract penalties and presents in a coherent framework. Critiques the grounds on which courts validate liquidated damage provisions or invalidate penalties.

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Indeterminate Causation And Apportionment Of Damages, Alex Stein, Ariel Porat Dec 2002

Indeterminate Causation And Apportionment Of Damages, Alex Stein, Ariel Porat

Alex Stein

This Article analyzes the problem of indeterminate causation in torts and develops a system of compensating plaintiffs that responds to both optimal deterrence and corrective justice criteria. Under this system, the plaintiff’s award should equal her harm multiplied by the ex post probability of causation. Any other system, including that of recovery for lost chances that many courts have adopted, would either under-compensate or over-compensate the plaintiff. The Article’s approach is presently recommended by the Third Restatement of Torts.

This Article derives from the general theory developed in my book with Ariel Porat, Tort Liability under Uncertainty (Oxford University Press, …

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