Key Concepts, Terms or Issues

First "Topics in Law and Economics" Exam

To facilitate your studying for the upcoming exam I have put together this list of key aspects of the course.

Stare decisis Inductive method of analysis

Deductive method of analysis Insurance principle in primitive societies

Evolution of property law Cooperative and noncooperative solutions to

Usufruct rights bargaining games

Threat values Cooperative surplus

Transactions costs Coase theorem

Purposes of property law Injunctions versus damage remedies

Entitlements Fugitive property

Rule of First Possession Tying ownership of fugitive property to settled Public purpose property

Coming to the nuisance Governmental taking

Eminent domain Police power

Inverse condemnation (regulatory taking) Paradox of compensation (property law)

Diminution of value Bargaining theory of contract

Consideration Perfect contracts

Firm offers Purposes of contract law

Role of risk allocation Role of information

Duress Incompetency

Impossibility Productive verses redistributive facts

Fraud Mistake (Unilateral and Mutual)

Duty to disclose Unconscionability

Liquidated damages Specific performance

Expectation damages Reliance damages

Paradox of compensation (contract law) Foreseeability

Efficient breach of contract Alternative methods of computing damages

Restitution Consequential damages

Express warranties Implied warranties

Endgame problem Disgorgement damages

Standard form contracts Least cost spreader of risk

Frustration of Purpose

Damage remedies and incentives for efficient precaution and efficient reliance

Implied warranty of fitness for a particular purpose

You should be aware of what each item on this list is and how it figures into an economic analysis of the law.