Inducing breach of contract: one tort or two?

IT is said to be a tort for D intentionally to induce C to break C’s contract with P. Where this occurs, P has an action in tort against D, quite apart from P’s action for breach of contract against C. But the rationale for this tort is controversial, and its legitimacy has been doubted by a number of commentators

Four functions of mens rea

Everyone agrees that mens rea is relevant to fault. The maxim actus non fit reus nisi mens sit rea has been around for centuries.1 According to foundational principles of the criminal law, it is normally not enough to support a conviction that D perpetrates the actus reus. Neither should it be. Causing harm to another person may be unfortunate, but the moral turpitude associated with a criminal conviction requires some element of fault. And to show that, we need mens rea

"The Best Price You'll Ever Get" The 2005 Employee Discount Pricing Promotions in the U.S. Automobile Industry

During the summer of 2005, the Big Three U.S. automobile manufacturers offered a customer promotion that allowed customers to buy new cars at the discounted price formerly offered only to employees. The initial months of the promotion were record sales months for each of the Big Three firms, suggesting that customers thought that the prices offered during the promotions were particularly attractive. In fact, such large rebates had been available before the employee discount promotion that many customers paid higher prices following the introduction of the promotions than they would have in the weeks just before. We hypothesize that the complex nature of auto prices, the fact that prices are negotiated rather than posted, and the fact that buyers do not participate frequently in the market leads customers to rely on "price cues" in evaluating how good current prices are. We argue that the employee discount pricing promotions were price cues, and that customers responded to the promotions as a signal that prices were discounted.

Some recent theories of a finite God ..

Typewritten sheets in cover. Thesis (M.A.)--Boston University This item was digitized by the Internet Archive. Bibliography: 2 p. at end

Direct and Indirect Bargaining Costs and the Scope of the Firm

Forthcoming publication in The Journal of BusinessCenter for Innovation and Product Development (CIPD) and the Lean Aerospace Initiative (LAI

Consent in Modern Criminal Law

This article considers the law, of New Zealand and England and Wales, relating to determinations whether P consented in various kinds of interaction with D. (The interactions considered are between persons old enough to validly consent to the conduct at issue and who are capable of evaluating and reflecting upon the consequences of their actions.) In the context of sexual interactions, the law in both jurisdictions is in a process of fitful change—from a regime in which consent could be vitiated only by threatened or actual force, impersonation, or radical misunderstanding, towards a position where the question of consent is less categorical and at large. A contrast is drawn between sexual and other interactions, including offences against the person and, especially, commercial misconduct. In the former cases, the central concern is justice between the parties. By contrast, in delineating the boundaries of what amounts to lawful commerce, it is permissible to consider what a ruling about consent may entail for the commercial system as a whole: something that can lead to a very thin conception of what makes for valid consent. The most general lesson that goes with this argument is that consent in law is not a pre-legal phenomenon

Advertising in a Competitive Market: The Role of Product Standards, Customer Learning, and Switching Costs

Standard models of competition predict that firms will sell less when competitors target their customers with advertising. This is particularly true in mature markets with many competitors that sell relatively undifferentiated products. However, the authors present findings from a large-scale randomized field experiment that contrast sharply with this prediction. The field experiment measures the impact of competitors' advertising on sales at a private label apparel retailer. Surprisingly, for a substantial segment of customers, the competitors' advertisements increased sales at this retailer. This robust effect was obtained through experimental manipulation and by measuring actual purchases from large samples of randomly assigned customers. The effect size is also large, with customers ordering more than 4% more items in some categories in the treatment condition (vs. the control). The authors examine how these positive spillovers vary across product categories to illustrate the importance of product standards, customer learning, and switching costs. The findings have the potential to change our understanding of competition in mature markets

Fast Polyhedral Adaptive Conjoint Estimation

We propose and test a new adaptive conjoint analysis method that draws on recent polyhedral “interior-point” developments in mathematical programming. The method is designed to offer accurate estimates after relatively few questions in problems involving many parameters. Each respondent’s ques-tions are adapted based upon prior answers by that respondent. The method requires computer support but can operate in both Internet and off-line environments with no noticeable delay between questions. We use Monte Carlo simulations to compare the performance of the method against a broad array of relevant benchmarks. While no method dominates in all situations, polyhedral algorithms appear to hold significant potential when (a) metric profile comparisons are more accurate than the self-explicated importance measures used in benchmark methods, (b) when respondent wear out is a concern, and (c) when product development and/or marketing teams wish to screen many features quickly. We also test hybrid methods that combine polyhedral algorithms with existing conjoint analysis methods. We close with suggestions on how polyhedral methods can be used to address other marketing problems.Sloan School of Management and the Center for Innovation in Product Development at MI

Legal and Moral Responsibility

The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is not. We must ask, therefore, whether, when and why strict criminal responsibility is unacceptable