Behavioural Approaches to Contract and Tort: Relevance for Policymaking
Programme Director: Prof. dr. W.H. van Boom and Prof.dr. M.G. Faure Sometimes, legislatures have preconceived ideas about behaviour and how private parties will respond to legislative intervention. To give one example, a legislature may enact specific legislation, submitting directors of corporations to fault-based liability in case of insolvency of the corporation, assuming that this will give directors the incentive to take appropriate care in running the corporation's affairs. But will they do so in practice? Are there any behavioural side effects such as overzealous risk avoidance or increase in directors salary demands?
|
|
Likewise, courts may entertain implicit or even explicit conceptions of behaviour. A court may consider that the owner of premises is under a duty of care to explicitly warn against dangers that are not readily noticeable to visitors. Applying such a rule, however, may need consideration of how individuals actually think about and perceive dangers and even how they interpret warning signs.
In the research group "Behavioural approaches to contract and tort", we conduct research into the thinking, deciding and acting of individuals and groups and the relationship with private law, notably the areas of contract, tort, property, corporate law and civil procedure. We concentrate on issues of compliance and enforcement, individual behaviour and group behaviour.
Obviously, the methodology of our research efforts is interdisciplinary by nature. In our research team we have legal scholars specializing in contracts, torts, property, corporate law and civil procedure, joined by scholars specialized in law and economics, socio-legal studies, empirical legal studies and psychology.
Just click on ‘news’, ‘people’, ‘research programme’ or ‘annual report’ to obtain more information on who we are and what we do.
