How tort, contract, and restitution law can be reformed to better serve the social good 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.
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
(CONTINUED from AUTHOR BIO)To Lestat My writing of the book seems that of memory. But my writing of the book is LOVE ; because Love dwells in Memory Lestat. And because Love dwells in Memory, my writing of the book is the same as I LOVE YOU. So I Love You. With Love, and thereof Memory, With Memory, and thereof Love, Red-breasted Tongueless Bird Tearing the Sky throatily, Ariel Wolfe * * * * * There has been a lot about Love. And this book may tell 'about' the same. However, it is different because it was originally written for the sake of a melancholy Genius who constantly is to be replenished with a nightly dose of novel passion, and because it is written by a passionate Asian woman whose mind is always seething with fleeting thoughts and imagination and whose heart is full of passion, pity and love. Apparently it is a love story in a form of verse extracted from over 1,200 letters between an Asian poetess and an American musician (or a Vampire and a Vampire-Lover; or simply two Pain-kissers) that have never met in person but through music and internet, and pain - And both egos are alike in that they hated the world from the bottom of the guts, although they emulated each other in demonstrating how much they loved the world - yet at once they always wanted to create something more than the world. It is not about pinky rosy weakling Love. It is much of blood from naked soul. It is a voice unique, something else than human that has been sleeping in the human. And it is not for people. Pain is how these two souls were connected at first and Passion comes in place. To quote her: "Without pain, neither pleasure nor happiness can be. Even beauty, without suffering, cannot be true beauty enduring. Sheer happiness, with passion castrated, is simply incomplete. Therefore, it is about pleasure, happiness, beauty and passion embracing pain within." -Editor M. Channdler- * * * * * Introduction October 3, 2004, I release the heavy fardel long-loaded upon my soul into the lighted world, from my own secret terrain, that darkly shadowed nook of my heart, encysting a seed of ever-implacable fire, hotly transfused into the pith of my bone, marked by a rebellious sensation of constant burning. Amongst all those humanities, ghosts and specters, aged and ageless, formed and formless, somewhere distant by a half round of the planet, there existed an eclipsed ego of a Genius, J. Lestat S., a soul kindred to mine who managed, Oh blind God, to crash into my soul this life again on that narrow path of fate, with all the labyrinthine, slow snaky trails that seem interminable, heavily packed with the despairingly huge, pitiably blind multitude of crowd aimlessly revolving among. Oh, blind God, You there over stared at us, that, Ah, look of fate, of permanent pity and apathy, of indelible mark of lugubrious memory, and of implacable hunger and of unspeakable grief ever unfathomed so far and forever. Amidst an irreparable fever, Besieged by a thickened air of exile, And in the spinning axis of time, Ariel Wolfe from the counterpoint shore-end of the Haven of origin * * * * * To the Reader: With Tears, Liquors & Roses Ah, Lord, I cannot speak, for I am a child. [Jeremiah 1:6] We were two isolated continents parted by the gaping gulf of grieved water whose rumpled page margins were not to be met together, nor whose benign surface to cut short to bump together, or whose hospitable current to dwindle to one slim graceful confluence to crash together. Such is the same as the wor
Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.
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