Order:
  1.  20
    Opportunistic Breach of Contract.Francesco Parisi, Ariel Porat & Brian H. Bix - 2024 - Canadian Journal of Law and Jurisprudence 37 (1):199-230.
    Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  2.  10
    Changing People’s Preferences by the State and the Law.Ariel Porat - 2021 - Theoretical Inquiries in Law 22 (2):215-246.
    In standard economic models, two basic assumptions are made: the first, that actors are rational, and the second, that actors’ preferences are a given and exogenously determined. Behavioral economics — followed by behavioral law and economics — has questioned the first assumption. This Article challenges the second one, arguing that in many instances, social welfare should be enhanced not by maximizing satisfaction of existing preferences but by changing the preferences themselves. The Article identifies seven categories of cases where the traditional (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  3.  65
    Indeterminate Causation and Apportionment of Damages: An Essay on Holtby, Allen, and Fairchild.Ariel Porat & Alex Stein - 2003 - Oxford Journal of Legal Studies 23 (4):667-702.
    Holtby, Allen and Fairchild are both recent and revolutionary decisions that address an important aspect of the indeterminate causation problem that frequently arises in tort litigation. In Holtby and Allen, the Court of Appeal departed from the traditional binary approach, under which a tort claimant either recovers compensation for his or her entire injury or is altogether denied recovery—depending on whether his or her case against the defendant is more probable than not. Holtby and Allen substituted this approach by the (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  4.  13
    Implementing the Law by Impartial Agents: An Exercise in Tort Law and International Law.Ariel Porat & Eyal Benvenisti - 2005 - Theoretical Inquiries in Law 6 (1):1-36.
    Lawmakers regularly delegate authority to agents. Such delegation is accompanied by mechanisms that attempt to ensure that the agents adhere to the will of the lawmakers. But these mechanisms are often ineffective or inefficient. Moreover, at times the very imposition of constraints distorts the agents’ incentives and impels them to adopt skewed policies. We suggest that it is possible to reduce such wasteful enforcement costs by delegating authority to certain types of agents who will pursue the lawmaker’s policies without constraints (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  5.  16
    Lapses of Attention in Medical Malpractice and Road Accidents.Ariel Porat & Robert Cooter - 2014 - Theoretical Inquiries in Law 15 (2):329-358.
    A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for “reasonable” lapses distorts doctors’, drivers’, and manufacturers’ incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  6.  20
    Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice.Ariel Porat - 2001 - Theoretical Inquiries in Law 2 (1).
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  7.  20
    Tort Liability Under Uncertainty.Ariel Porat & Alex Stein - 2001 - Oxford University Press UK.
    The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  8.  22
    The Many Faces of Negligence.Ariel Porat - 2003 - Theoretical Inquiries in Law 4 (1).
    Negligence law is built around the paradigmatic case of a person who unreasonably preferred his own interests to those of others and, as a result, caused damage to another person. However, this case is not representative of all instances of negligence. In some cases, the negligent injurer failed in balancing between the interests of the victim alone; in other cases, he failed in balancing between the victim’s interests and those of a third party; sometimes the injurer failed in balancing the (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark