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8
Jacque
MOBILE HOME TRESPASS
-Right hollow if legal system provides insufficient means to protect it→ halfpenny award does not constitute state protection
-So punitive damages appropriate
-Actual harm occurs w/ every illegal trespass despite lack of physical harm to land b/c of legal right involved (threat of adverse possession)
-Individual and society have significant interests in deterring intentional trespass to land
-People should depend on law for remedy rather than self-help
-Posner- w/out right to exclude, farmer had no incentive to incur costs of farming b/c there is no reasonably assured reward for incurring them → necessary to maximize economic value
-Must police your mark/right to exclude in order to keep brand name’s exclusive use
-Right hollow if legal system provides insufficient means to protect it→ halfpenny award does not constitute state protection
-So punitive damages appropriate
-Actual harm occurs w/ every illegal trespass despite lack of physical harm to land b/c of legal right involved (threat of adverse possession)
-Individual and society have significant interests in deterring intentional trespass to land
-People should depend on law for remedy rather than self-help
-Posner- w/out right to exclude, farmer had no incentive to incur costs of farming b/c there is no reasonably assured reward for incurring them → necessary to maximize economic value
-Must police your mark/right to exclude in order to keep brand name’s exclusive use
