Foundations of Law and Economics
Intermediate
Prospect Theory
A behavioral model of decision-making under risk in which people evaluate gains and losses relative to reference points and often weigh probabilities nonlinearly.
Why It Matters
Prospect theory is used to analyze settlement behavior, damages, risk regulation, investor behavior, consumer contracts, and legal rules that change reference points.
Selected Literature
A short list of directly relevant archive entries.
1979
Advanced
1996
Advanced
1998
Advanced
A Behavioral Approach to Law and Economics
Christine Jolls, Cass R. Sunstein, and Richard H. Thaler
Stanford Law Review
2003
Advanced
Related Cases
1707
Foundations of Law and Economics
Keeble v. Hickeringill
11 East 574, 103 Eng. Rep. 1127 (K.B. 1707)
Property protection, malicious interference, and incentives to make productive use of land.
1805
Foundations of Law and Economics
Pierson v. Post
3 Cai. R. 175 (N.Y. Sup. Ct. 1805)
First possession, capture rules, and the administrability of property rights in wild animals.
1854
Foundations of Law and Economics
Hadley v. Baxendale
9 Exch. 341, 156 Eng. Rep. 145 (1854)
Foreseeability, information disclosure, and limits on consequential damages for breach of contract.
1879
Foundations of Law and Economics
Sturges v. Bridgman
11 Ch. D. 852 (1879)
Nuisance, coming to the nuisance, and reciprocal conflicts over incompatible land uses.
