| Property Rules, Liability Rules And Inalienability: One View Of The Cathedral |
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| CATEGORIES ABOUT PROPERTY RULES, LIABILITY RULES AND INALIENABILITY: ONE VIEW OF THE CATHEDRAL | |
| law and economics | |
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The primary thesis of this article is that some rights, like your own liberty, are inalienable -- you can't sell yourself into Bondage . While other interests are only protected by tort remedies, i.e. the wrongdoer can invade the plaintiff's property rights and be liable in tort only Money Damages for the Economic Loss . This type of protection of plaintiff's rights would prevent the owner of the right the ability to deny others use. While rights protected by injunctive relief give the property owner the ability to prevent others, i.e. exclude, from use even if they were liable to pay money damages. |
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