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Tag Archives: law and economics

Contract damages – the rhetoric-reality gap

May 14, 2010 – 8:12 am

In my chosen area of study, much ink is spilled on the topic of whether contract damages merely compensate for loss, or whether there are other exceptional measures of damages which may be employed (gain-based damages of various types, punitive damages etc). Still, there are some things we agree on. If you look in a [...]

By Legal Eagle | Posted in Economics, Law, Society | Also tagged , , , , , , , | Comments (21)

The limits of law

January 19, 2010 – 9:07 pm

[Update: now cross posted at Online Opinion - 22/1/10] One of the things that I’m thinking about in my PhD is the limits of law. What can law change? And more importantly, what can’t it change? Who enforces the law? Can we change the way in which people behave by regulating them more? Via CoreEconomics, [...]

By Legal Eagle | Posted in Economics, Human/Civil rights, Law, Personal liberty, Society | Also tagged , , , , , | Comments (48)

Nemo dat v bona fide

October 29, 2009 – 9:20 pm

Sometimes, both sides of an argument are right. Not just partly right, or right on odd numbered days, or right only under certain circumstances. They’re both right for all time, and — ceteris paribus — under all circumstances.  Some of the thorniest problems in public policy are of this type, and when they come into [...]

By skepticlawyer | Posted in Economics, Law | Also tagged , , , , , , | Comments (14)

Efficient breach canned by HCA

February 13, 2009 – 8:31 pm

What happens when you sign a contract? How binding is it? Can you force the other side to perform their side of the bargain? Non-lawyers might be surprised to learn that from the perspective of contractual remedies, the principal remedy is damages, with specific performance of the contractual obligation said to be a secondary remedy [...]

By Legal Eagle | Posted in Academia, Economics, Equity, Law, Restitution | Also tagged , , | Comments (15)