下面是我们老师给的四道法经济学试题，配套教材是Robert Cooter和Thomas Ulen的Law & Economics，恳请各位大神给出你们的答案啊，不胜感激！
1、法律程序
For some time, Japanese cars sold in Japan have not been as crashworthy as cars sent to the U.S. Japanese cars
sold in Japan have lagged behind cars sold in the U.S. in terms of the number of safety devices such as air bags,
anti-lock brakes, seat belt tensioners, reinforcing bars in the doors and strong pillars to prevent a roof collapse in a
rollover. One report found that the death rate in Japanese subcompacts was 34% higher than in American
subcompacts. The president of Honda has stated that in Japan, people in cars make up a smaller percentage of
those who die in traffic accidents than in the U.S., and pedestrians a larger percentage. One engineer has estimated
that skimping on safety results in a savings of $300 to $500 in each vehicle. Because Japan's roads are narrow and
congested, Japanese drivers frequently cannot reach the speeds attainable on American roads.
a) Product liability lawsuits are rare in Japan. You may assume that this is because Japan is not a litigious society,
there are few lawyers, and product liability lawsuits seldom result in large damage awards. Can differences in the
legal systems and cultural differences regarding liability lawsuits explain differences in the number of safety
features between cars produced for the Japanese market and cars produced for the U.S. market? Explain your
position fully and include a graph in your explanation.
b) Is the socially optimal number of safety devices the same for each country? If so, a difference in the number of
safety devices means that the cars sold in at least one of the countries do not contain the socially optimal number
of safety devices. Or is it possible that the socially optimal number of safety devices is different in the different
countries? Explain.
2、合同法
For each of the following examples determine whether, on efficiency grounds, the contract should be performed
or breached. If you recommend the former, explain in one or two sentences why. If you recommend the latter,
identify the contract doctrine that would excuse promise breaking.
a) Roger, whom is 14 and an avid collector of baseball cards, agrees to sell a particular card to a dealer for $500,
when in the fact the market value of the card is at least $1,000. Roger's parents attempt to block the sale of the
card.
b) The Finance department at Adams College agreed to hire Joey Fudderman to teach introductory finance courses.
In his application Joey indicated that he would have his Ph.D. completed by the time the school year started, a
requirement for the teaching position. Upon his arrival on campus, the Finance department learns Joey has not yet
received his Ph.D. due to data problems that prevented him from completing his dissertation, and declares the
contract void.
c) Franky offers to sell Johnny a pleasure boat they have used together on many occasions. After taking delivery of
the boat, Johnny discovers that the motor is unreliable and fails to start from time to time. Arguing that he was
unaware of the problem when the sale took place, Johnny demands damages. Franky responds that he assumed
Johnny was aware of the problem given their previous trips together and that, therefore, no damages are
warranted.
3、侵权法
If an accident occurs, the loss to the victim will be $1000. The probability of the accident occurring if no
precautions are taken is .01. Each party acting alone can avoid the accident (i.e., the avoidance measure by each
party is sufficient to reduce the probability of an accident to zero). Suppose that all parties know that the potential
victim's burden of avoidance, Bvictim, is $5 and the potential injurer's burden of avoidance, Binjurer, is $1.
a) Under the contributory negligence rule, will the potential victim have incentive to take precaution? Will the
potential injurer have incentive to take precaution? Explain.
b) Is it efficient for the potential victim to take precaution? Is it efficient for the potential injurer to take precaution?
Explain.
c) If the potential injurer's burden of avoidance, Binjurer, is $100 and the potential victim's burden of avoidance, Bvictim,
is $1 and each party does not assume the other will act carefully, will an excessive amount be spent on accident
avoidance under the contributory negligence rule? Explain.
4、侵权法
On November 29, 1995, President Clinton signed a bill ending the federal 55 mph speed limit and giving the
states the power to set their speed limits. Suppose that a committee in the New Jersey legislature is considering
revision of New Jersey's speed limits and that the committee has asked you to provide testimony regarding the
economic issues. Assume that to go from New Brunswick to Atlantic City a driver will have to drive through a
district in which there is an elementary school and then proceed to an interstate highway to reach his destination.
Assume also that the applicable liability rule is strict liability. Assume that the only kind of accidents which can
occur involve a car and a pedestrian.
a) Will the driver operate his car at the efficient speed? Why or why not?
b) Will the efficient speed differ across the school district and the interstate highway? Why or why not?
c) How will your answers to part (a) and (b) change if the court consistently underestimates damages when an
accident occurs?
d) If the driver operates the car at the efficient speed, will there be accidents? If so, who will bear the costs of these
accidents?