The basic rule in civil litigation is that the plaintiff carries the burden of proof and the general standard of proof is preponderance of the evidence. The plaintiff prevails if she establishes her case with a probability exceeding 0.5. Drawing on insights from behavioral economics and new...

Why is tort law much more developed than unjust enrichment law? Is there a reason for the very different legal treatment of governmental takings and governmental givings? Why are contract remedies structured around the four ‘interests’ and why is the disgorgement interest only marginally...

This is the first chapter of a forthcoming book. It provides a systematic, up-to-date overview of the psychological phenomenon of loss aversion (LA), including a brief historical account, description of Prospect Theory and its critique, empirical evidence of LA, and the role of emotions in LA....