Friday, October 3, 2014

Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter (U.C. Berkeley) & Ariel Porat (Tel Aviv University). Getting Incentives Right (Princeton University Press, 2014).

"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."

Publisher's Website