Use the theory of transaction costs to justify protecting

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1. Use the theory of transaction costs to justify protecting the following rights by injunction or damages:

a. a land owner’s right to exclude from his property a neighbor’s gas line

b. a new car owner’s right to have her car’s defective transmission replaced by the seller

c. a homeowner’s right to be free from air pollution by a nearby factory

d. a spouse’s right to half the house on divorce

2. Suppose that two people choose to litigate a dispute. Should the law presume that if two parties are prepared to litigate, transaction costs must be high, and therefore the court should choose damages as the remedy, not an injunction?

Reference no: EM13742250

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