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Property Rules vs.

Liability
Rules
Interests of property owners may
conflict
E.g., cement factory and neighbors:
Right to clean air
right to pollute/manufacture
Who has the right?
How should it be protected?
Property rule
Entitlement rule
Inalienability rule
Property Rule
Consent of owner required for transfer
Home or land ownership
Sale
Rental
Injunction against nuisance or trespass
Personal property watch, car
Sale
Rental
Theft punishable by criminal law
Value of right decided in market
transaction
Liability Rule
Consent of owner not required for
transfer
Eminent domain
Boomer v. Atlantic Cement
Damage to car in accident
Value determined by courts/legal
system
Inalienability Rule
No transfer permitted
Selling self into slavery
Selling organs
Selling babies
What is the most efficient rule?
Property rule where cost of allocating
rights by market transactions is low

Liability rule where cost of allocating


rights by litigation is low
Property rule is inefficient where
transaction costs are high
Group of farmers own land and neighbors
want to purchase it for a park

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