Behavioural Approaches to Contract and Tort
By thinking, deciding, and acting, we display behaviour, and in private law, behaviour is relevant in more than one respect. At times, legislatures have preconceived ideas about behaviour and how private parties will respond to legislative intervention. For example, a legislature may enact specific legislation, submitting directors of corporations to fault-based liability in the event of an 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 an increase in directors’ salary demands?
Also, in order to give a clearer picture of the scope of this research, a short description of the work of some of our researchers is given below.
Professor Xandra Kramer holds an endowed chair in European Civil Procedure
Her research focuses on international litigation and conflict of laws in contracts and torts. She is interested in the crossroads between economic efficiency and procedural fairness, the actual functioning of civil justice systems and its impact on litigants, transnational complex litigation and enforcement and EU harmonisation. Her research combines doctrinal legal research, comparative law, policy-oriented and (qualitative) empirical research. She acquired a research grant (Vidi) from the Dutch organisation for scientific research (NWO) for a project on ‘Securing quality in cross-border enforcement’. She was the project leader of several studies for the Dutch Ministry of Justice on mass litigation and debt collection and for the European Parliament and the codification of European private international law.