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Getting Incentives Right – Improving Torts, Contracts, and Restitution - Princeton Scholarship Online
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Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter and Ariel Porat


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. This book explains how law might better serve the social good. In tort law, the book proposes that all foreseeabl ... More

Keywords: tort law, contract law, restitution law, compensation, benefits, unrequested benefits, incentives, care standards, damages, anti-insurance

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780691151595
Published to Princeton Scholarship Online: October 2017 DOI:10.23943/princeton/9780691151595.001.0001


Affiliations are at time of print publication.

Robert D. Cooter, author
University of California, School of Law

Ariel Porat, author
Tel Aviv University