UiB : Juridisk Fakultet : eksamen : valgemner

 

Pensum

 

Law and Economics (JUS340)

 

Autumn 2007:

 

Instructions:

This is a two hour (120 minutes) exam (English language). No books, materials or notes are allowed. Please answer all questions and write legibly. The pages mentioned are meant as a maximum if you do not have an exceptionally large handwriting. You can write less and get the full score.

 

Questions:

  1. “Society does not avoid accidents at any cost”. Please explain Guido Calabresi’s statement and the structure of tort law. (22%, two pages)

  2. Economists maintain that the rule of “pacta sunt sevanda” (contracts are to be fulfilled) is not absolute. Please develop the underlying reasoning. (22%, two pages)

  3. Ronald Coase explains the firm in terms of “market” and “hierarchy”. Please elaborate this, and relate it to the business phenomenon of “outsourcing”. (22%, two pages)

  4. Using either the U.S. v Microsoft case or the European Commission v Microsoft case, describe how the court determined the relevant market or markets, whether Microsoft had market power, and the anticompetitive effects if any. Comment critically on that case. (34%, three to four pages)


Autumn 2006:

 

Instructions:

This is a two hour (120 minutes) exam (English language). No books, materials or notes are allowed. Please answer all questions and write legibly. The pages mentioned are meant as a maximum if you do not have an exceptionally large handwriting. You can write less and get the full score.

 

Questions:

  1. Explain the concept of the “hypothetical bargain,” particularly its structure and its relevance for legal analysis! (22%, two pages)

  2. The economist Frank Knight distinguishes between uncertainty and risk. Explain the distinction and its relevance for the basic structure of tort law! (22%, two pages)

  3. The nexus-of-contracts theory is the standard approach for explaining issues of corporate governance. Describe the concept and detail it, especially with reference to the shareholder-manager relationship! (22%, two pages)

  4.  “Market definition is very important in all forms of antitrust analysis, including mergers (involving either unilateral effects or coordinated effects), restraints of trade, and monopolization.” Do you agree or disagree? Discuss! (34%, three to four pages