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When investments are nonverifiable, inducing cooperative investments with simple contracts may not be as difficult as previously thought. Indeed, modeling "expectation damages" close to legal practice, we show that the default remedy of contract law induces the first best. Yet, in order to lower...
Persistent link: https://www.econbiz.de/10003850654
The study deals with Huerta de Soto's thesis about the "mistaken doctrine of common law", which is based on the equalization of depositum irregulare and mutuum contracts. He concluded that equalization of these contracts resulted in the creation of business cycles. According to this study,...
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The legal notion of damages requires to compare the actual value of the creditor's assets with the hypothetical value that would have prevailed if the debtor had met his obligation. Moreover, values and causation may be uncertain. If nature's contribution is modelled as a random move then the...
Persistent link: https://www.econbiz.de/10010343941
It has been argued that weaknesses inherent Private Law rules, which contribute to its inability to effectively regulate contracts, are in part, attributed to its generality as well as inflexibility in adapting to individual situations. Whilst self-regulation, a constituent of the standard...
Persistent link: https://www.econbiz.de/10013122399
This paper illustrates the regulatory limits of the mandatory rule in contract law by undertaking an economic analysis of Article 17 of Commercial Agent (Council Directive) Regulation 1993, which aims to benefit the commercial agent by forcing the principal to make a mandatory end payment to the...
Persistent link: https://www.econbiz.de/10013065122
This is the lecture text which I was invited to given at the University of Tasmania. My aim in this lecture is to offer some general observations on what insights law and economics, which is also known as the economic analysis of law, can offer us into contract law. I argue that despite some...
Persistent link: https://www.econbiz.de/10013069596
The bargain theory of exchange, which led to regulations of transactions before the existence of contract law, suffered …
Persistent link: https://www.econbiz.de/10012963202