Getting Incentives Right: Improving Torts, Contracts, and Restitution

How tort, contract, and restitution law can be reformed to better serve the social good

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 i...