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A legal test balancing the cost of preventing harm against the probability and severity of that harm.
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Hand formula
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A game scenario where rational individuals choose to betray each other, even when cooperation would lead to a better outcome.
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Prisoners dilemma
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Insurance Contracts
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If transaction costs are low and property rights are well-defined, parties can negotiate to resolve externalities without legal intervention.
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Coase Theorem
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A cost-benefit formula used to determine negligence: liability exists if the burden of prevention is less than the probability of harm multiplied by its severity.
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Hand formula
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One party in a transaction has more or better information than the other.
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Asymmetric information
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Relief is given if a knowing party fails to inform an unknowing party, but only when disclosure is low-cost and no substantial investment in information was made.
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Doctrine of mistake
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Contractual tool where the informed party assumes the risk of quality or performance, used to correct information asymmetry.
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Warranties
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Occurs BEFORE contract; individuals with higher risks are more likely to seek insurance, leading to skewed risk pool.
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Adverse selection
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Arises AFTER contract is signed; individuals may take more risks because they are insured , making it difficult for the insurer to verify care levels
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Moral hazard
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The insured must stand to lose something from the event insured against; prevents gambling, moral hazard, and externalities to uninvolved third parties.
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Insurable interest
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Insured may not profit from insurance; only actual losses are compensated. Exceptions include life insurance policies and agreed-sum policies
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Indemnity
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The insured must disclose ALL relevant information; strict sanctions apply for non-disclosure
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Utmost good faith
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Insurance does NOT cover deliberate or criminal actions to reduce incentives for harmful behaviour
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Intentional acts
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Behavioural Law and Economics
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People aren’t always purely self-interested; they may care about fairness or others’ wellbeing at a cost to themselves
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Bounded self-interest
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Individuals often struggle to follow through on long-term goals, especially when facing short-term temptations or pressures
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Bounded willpower
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Humans make decisions with limited cognitive resources, time, and information, often settling for ‘good enough’ rather than optimal choices
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Bounded rationality
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People tend to give stronger weight to immediate rewards over future ones, often leading to procrastination or impulsive decisions
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Present bias
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People often stick with pre-set option when it comes to making choices, choosing familiarity over change even though it may not be in their best self-interest
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Default rules matter
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A game in which one player proposes how to divide a sum of money, and the other can accept or reject it; rejections (even of small unfair offers) highlight people’s concern for fairness.
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Ultimatum game
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People judge the likelihood of events based on how easily examples come to mind, which can lead to biased thinking when vivid or recent events dominate memory
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Availability heuristic
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Aims to steer people's choices in a way that improves their well-being while preserving their freedom to choose. It relies on "nudges"
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Libertarian paternalism
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Competition law
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The idea that competition law should aim to benefit consumers, especially through lower prices and better products.
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Consumer welfare focus
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A method in competition law to define markets by asking if a Small but Significant Non-transitory Increase in Price would be profitable.
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SSNIP test
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The regulation of mergers to prevent harmful effects on market competition.
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Merger control
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When a dominant firm uses its power to exclude rivals or harm consumers.
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Abuse of dominance
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A test used in market definition: would a monopoly raise prices profitably in this market?
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Hypothetical monopolist
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A tool to evaluate how much demand would need to drop before a price increase becomes unprofitable.
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Critical loss analysis
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A mistake in market definition caused by looking at pricing after a firm has already raised prices due to market power.
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Cellophane fallacy
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Evaluates rules or outcomes based on how well they maximise total welfare or allocate resources without waste.
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Efficiency perspective
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Benefiting from someone else’s investment or effort without paying for it, potentially discouraging future investment.
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Free-riding
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A situation where a dominant firm prevents competitors from entering or competing effectively in a market.
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Market foreclosure
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Setting prices equal to the cost of producing one additional unit, promoting allocative efficiency and competitive entry.
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Marginal cost pricing
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