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We examine the efficiency of the standard breach remedy expectation damages in a setting of bilateral cooperative investment by a buyer and a seller. Contracts may specify a required quality level and an upper bound to the cost of production. We find that it is optimal to write an augmented...
Persistent link: https://www.econbiz.de/10009671789
What information should courts utilize when assessing contract damages? Should they award damages that were rationally foreseeable at the ex ante stage (ex ante expected damages)? Or should they award damages at the ex post level, incorporating new information revealed after contracting (ex post...
Persistent link: https://www.econbiz.de/10013039212
The property rights approach to the theory of the firm is the most prominent application of the incomplete contracting … wealth-constrained and protected by limited liability. It turns out that joint ownership can be optimal, since it avoids … wasteful rent-seeking activities when limited liability rents are necessary to induce high effort. Our results are in line with …
Persistent link: https://www.econbiz.de/10012864429
impact auditor liability, and that attorneys would benefit from a better understanding of juror decision making …
Persistent link: https://www.econbiz.de/10012835669
This paper aims to understand the determinants of lawsuits against auditors in securities class action litigation and the settlement pattern by auditors when the suit is not dismissed. The issues we consider are: (i) when are auditors named as defendants (ii) when do auditors choose to settle...
Persistent link: https://www.econbiz.de/10012968710
This paper studies how legal liability due to negligence can weaken or strengthen an auditor's reputation concerns in … the client market to provide high audit effort. A negligence liability rule relies on auditing standards to provide a … threshold for the level of due care. When the negligence standard is lax, legal liability can weaken the auditor's reputation …
Persistent link: https://www.econbiz.de/10012855966
' exposure to liability risk. This enhanced risk and its negative implications have resulted in an international trend intended … to limit auditors' liability. Currently, auditor liability is limited in approximately thirty-three countries. Liability …; adopting a proportionate liability rule; and permitting association of accountants in a limited liability corporation. Eleven …
Persistent link: https://www.econbiz.de/10013060076
This paper develops a framework for the analysis of gatekeeping in tax enforcement, whereby independent auditors are assigned the duty of certifying taxpayers' reports. The equilibrium of the market for gatekeepers' services is characterized, as well as taxpayers' and auditors' optimal behavior....
Persistent link: https://www.econbiz.de/10012744417
auditor's independence strategy into the examination of auditor's legal liability. Second, the auditors' independence is …
Persistent link: https://www.econbiz.de/10014074722
liability for negligence would improve the rigor and reliability of these audits. The article concludes with a more general … analysis of how the private law norms of duty and reasonable care imposed by civil liability can improve private governance …
Persistent link: https://www.econbiz.de/10014112526