University of New Hampshire

School of Law

Valuation and the Law

Valuation has been, and continues to be, an increasingly important element in litigation, administrative proceedings, and basic legal decision-making, as well as informing complex legislative and policy choices. Every civil litigation case seeking damages, by definition, involves a valuation determination. And, for the ninety-plus percent of civil litigation that is settled prior to trial, the sue-or-settle decision requires a valuation calculation, whether explicitly performed or implicitly done. Today's successful attorney, whether engaged in a general civil practice or not, must be able to assist the client in making decisions, and the decision making process can often be improved by the understanding and use of actual or implied valuations.

This course will consist of the group classroom meetings, for which readings will be assigned and various subject matter topics will be discussed. The course subject matter can be divided into three intertwined elements. First, we will examine the fundamental concepts of valuation. Second, the we will deal with the real-world application of the concepts to actual situations - either in a litigation, transactional or decision-making context. In other words, we will explore how valuation is actually used for damage calculations, decision-making and policy guidance in the legal arena. And third, we will critically examine whether the current use of valuation in the law is consistent with current theory and can be improved upon.

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