Description
Book Synopsis: 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.
Details
Are you tired of the flaws and inefficiencies in tort, contract, and restitution laws? Look no further! Introducing our groundbreaking book, "Getting Incentives Right: Improving Torts, Contracts, and Restitution." Our renowned authors, Robert Cooter and Ariel Porat, have delved deep into the world of law to propose reforms that will revolutionize the way these laws serve society. With their expertise, they have identified the issues that lead to too many accidents, too little cooperation, and too few unrequested benefits.
In the realm of tort law, Cooter and Porat advocate for a comprehensive approach. They argue that all foreseeable risks should be taken into account when setting standards of care and awarding damages. By failing to consider all risks, accidents occur that could have been prevented with better legal incentives. Say goodbye to unnecessary injuries and hello to a safer society!
Contract law is not exempt from criticism either. This book reveals how making a promise often leads to unintended consequences and undermines cooperation between parties. Cooter and Porat propose innovative solutions, including an ingenious concept called "anti-insurance." This groundbreaking approach will enable parties involved in contracts to thrive and cooperate without fear of negative consequences. Don't miss out on this game-changing strategy!
Lastly, restitution law is brought under the microscope. Currently, individuals who provide unrequested benefits to others are rarely entitled to proper compensation. But Cooter and Porat argue for a fundamental change. Restitution law should adequately compensate these individuals, incentivizing them to offer more unrequested benefits to society. Imagine the positive impact this could have on our communities!
It's clear that "Getting Incentives Right" has the potential to shape a better future. By providing improved incentives for the private regulation of conduct, these reforms will promote the well-being of individuals and society as a whole. Don't miss out on the opportunity to gain vital insights and be part of this transformative change. Grab your copy now and be at the forefront of legal innovation!
Ready to revolutionize the world of law? Get your copy of "Getting Incentives Right: Improving Torts, Contracts, and Restitution" today! Click here to take the first step towards a brighter future.
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