The Economics of Necessity
Keith N. Hylton
William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law
August 31, 2010
Journal of Legal Studies, Vol. 41, 2012
Boston Univ. School of Law Working Paper No. 10-23
The necessity doctrine aligns the private and the social incentive for a property possessor to take a defensive action that prevents an invasion of his property from occurring. The model described here is also applicable to self-help in contracts.
Keywords: necessity doctrine, public necessity doctrine, defense of property, recapture of property, self-help in contracts
JEL Classification: K11, K12, K13Accepted Paper Series
Date posted: August 31, 2010 ; Last revised: June 21, 2012
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