Monash University Law Handbook 1995

Copyright © Monash University 1995
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Details of graduate subjects

LAW7115

Law and economics 700

Not offered in 1995

Three 1-hour seminars weekly over 13 weeks

The subject is designed to apply systematically the method of economics to the analysis of the law itself - to the structure of the common law, legal processes, legal institutions and statutory regulation, and to the impact of law upon the behaviour of individuals and groups and the functioning of the economy. Topics to be covered will include (1) nature of economic reasoning and the economic approach to law; (2) property rights in economics and law - pollution, zoning and nuisance laws; (3) torts - the rule of liability, accidents and compensation, products liability; (4) crime - optimal criminal sanctions; (5) contract - bargaining power and unconscionability, standard form contracts, regulated contracts; (6) the corporation - the nature of the corporation, coordination by integration or contracts; (7) regulatory law - rationale as alternative to the common law, consumer protection and restrictive trade practices; (8) the court system, enforcement and remedies, court congestion, cost and fee rules, class actions; and (9) overview - is the law efficient; should it be?

Assessment

Written research assignment or series of exercises (5000 words): 50% * End-of-semester examination (2.5 hours): 50%


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