throughout all of these analyses though , I am assuming that the parties will actually negotiate to resolve their dispute once the property right is set . In the moore case , this is almost guaranteed given that there were hundred of million of dollar to be shared . But what about more modest case , like fontainebleu or plah , where the gain from trade may be anywhere from hundred of thousand of dollar to just thousand of dollar ? if ,FOR whatever reasons , the negotiation costs are high the parties may not be able to exploit the gain from trade . what can the court do in these case?
throughout all of these analyses though , I am assuming that the parties will actually negotiate to resolve their dispute once the property right is set . In the moore case , this is almost guaranteed given that there were hundred of million of dollar to be shared . But what about more modest case , like fontainebleu or plah , where the gain from trade may be anywhere from hundred of thousand of dollar to just thousand of dollar ? if ,FOR whatever reasons , the negotiation costs are high the parties may not be able to exploit the gain from trade . what can the court do in these case?
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