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N problems require N instruments

  • De Geest, Gerrit
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    Eric Posner (2003) has argued that (contract) law and economics has failed to produce clear policy recommendations because its theoretical results are usually inconclusive and empirical data on the parameters are usually unavailable. Legislators and courts, however, cannot wait to make decisions until scholarship is conclusive; hence the question arises which policy conclusions are the ‘least irrational’ under those circumstances.

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    File URL: http://www.sciencedirect.com/science/article/pii/S0144818813000124
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    Article provided by Elsevier in its journal International Review of Law and Economics.

    Volume (Year): 35 (2013)
    Issue (Month): C ()
    Pages: 42-57

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    Handle: RePEc:eee:irlaec:v:35:y:2013:i:c:p:42-57
    Contact details of provider: Web page: http://www.elsevier.com/locate/irle

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    1. Adler, Barry E., 1999. "The Questionable Ascent of Hadley v. Baxendale," Berkeley Olin Program in Law & Economics, Working Paper Series qt3wh5v8j9, Berkeley Olin Program in Law & Economics.
    2. Miceli, Thomas J., 1997. "Economics of the Law: Torts, Contracts, Property, Litigation," OUP Catalogue, Oxford University Press, number 9780195103908, March.
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    4. Aghion, P. & Hermalin, B., 1990. "Legal Restrictions on Private Contracts Can Enhance Efficiency," DELTA Working Papers 90-14, DELTA (Ecole normale supérieure).
    5. Steven Shavell, 1980. "Damage Measures for Breach of Contract," Bell Journal of Economics, The RAND Corporation, vol. 11(2), pages 466-490, Autumn.
    6. Aghion, Philippe & Hermalin, Benjamin, 1990. "Why Legal Restrictions on Private Contracts Can Enhance Efficiency," Department of Economics, Working Paper Series qt4j76f10g, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
    7. Gerrit De Geest, 2012. "Who Should Be Immune from Tort Liability?," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 291 - 319.
    8. Lucian Arye Bebchuk & Steven Shavell, 1991. "Information and the Scope of Liability for Breach of Contract: The Rule of Hadley V. Baxendale," NBER Working Papers 3696, National Bureau of Economic Research, Inc.
    9. Shavell, Steven, 1984. "The Design of Contracts and Remedies for Breach," The Quarterly Journal of Economics, MIT Press, vol. 99(1), pages 121-48, February.
    10. Kaplow, Louis & Shavell, Steven, 1994. "Why the Legal System Is Less Efficient Than the Income Tax in Redistributing Income," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 667-81, June.
    11. Giuseppe Dari-Mattiacci & Gerrit De Geest, 2005. "The Filtering Effect of Sharing Rules," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 207-237, 01.
    12. Sykes, Alan O, 1990. "The Doctrine of Commercial Impracticability in a Second-Best World," The Journal of Legal Studies, University of Chicago Press, vol. 19(1), pages 43-94, January.
    13. Hughes Hallett, Andrew J, 1989. "Econometrics and the Theory of Economic Policy: The Tinbergen-Theil Contributions 40 Years On," Oxford Economic Papers, Oxford University Press, vol. 41(1), pages 189-214, January.
    14. White, Michelle J, 1988. "Contract Breach and Contract Discharge Due to Impossibility: A Unified Theory," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 353-76, June.
    15. Gerrit De Geest, 2010. "Carrots, Sticks, and the Multiplication Effect," Journal of Law, Economics and Organization, Oxford University Press, vol. 26(2), pages 365-384.
    16. Miceli, Thomas J & Segerson, Kathleen, 1995. "Defining Efficient Care: The Role of Income Distribution," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 189-208, January.
    17. Trimarchi, Pietro, 2003. "Transfers, uncertainty and the cost of disruption," International Review of Law and Economics, Elsevier, vol. 23(1), pages 49-62, March.
    18. Friedman, David D, 1989. "An Economic Analysis of Alternative Damage Rules for Breach of Contract," Journal of Law and Economics, University of Chicago Press, vol. 32(2), pages 281-310, October.
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