Jump to ContentJump to Main Navigation
Optional LawThe Structure of Legal Entitlements$
Users without a subscription are not able to see the full content.

Ian Ayres

Print publication date: 2005

Print ISBN-13: 9780226033464

Published to Chicago Scholarship Online: February 2013

DOI: 10.7208/chicago/9780226033488.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use (for details see http://www.chicago.universitypressscholarship.com/page/privacy-policy).date: 19 January 2018

Dual-Chooser Rules

Dual-Chooser Rules

Chapter:
(p.54) Chapter Four Dual-Chooser Rules
Source:
Optional Law
Author(s):

Ian Ayres

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226033488.003.0004

Beyond put options there are a dizzying array of “Pay or Be Paid” and “Pay or Pay” rules. But our understanding of liability rules is simultaneously simplified since it is shown that this double infinity of rules gives rise to just two potential allocations: plaintiff-choice allocations (which delegate allocative authority solely to the plaintiff) and defendant-choice allocations (which delegate allocative authority solely to the defendant). This chapter shows that there are two further foundational ways for courts to use liability rules to delegate allocative authority. These are “dual-chooser” rules in contradistinction to the single-chooser rules, because both the plaintiff and the defendant have a potential impact on how the entitlement is ultimately allocated. One class of allocation rules, known as “plaintiff-presumption” dual-chooser rules, presumptively allocates the entitlement to the plaintiff unless both parties opt to shift it (for a court-determined price) to the defendant. The other class of allocations are the “defendant-presumption” dual-chooser rules, which concern rules that presumptively allocate the legal entitlement to the defendant unless both parties opt to shift it to the plaintiff.

Keywords:   plaintiff-choice allocations, defendant-choice allocations, liability rules, dual-chooser rules, allocative authority, plaintiff, defendant, legal entitlement

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.