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recourses. Within this apparent variety lurk two fundamental alternatives. The aggrieved party may (i) 'affirm' the contract and … seek money damages or specific performance; or (ii) 'disaffirm' the contract with the remedy of rescission and restitution …. This simple dichotomy of contract remedies applies broadly in both common law and civil law practice. We show here that …
Persistent link: https://www.econbiz.de/10003909321
achieved by writing a contract that specifies a suffciently high quality level. In contrast, the result by Che and Chung (1999 … hybrid case. We also show that if the quality specified in the contract is too low, 'expectation damages' do not necessarily …
Persistent link: https://www.econbiz.de/10003909281
employment contract. We show that not imposing such an agreement can be beneficial for the principal as the possibility to leave …
Persistent link: https://www.econbiz.de/10010371071
If a seller delivers a good non-conforming to contract, European and US warranty law allows consumers to choose between … use non-conformity as a pretext for getting rid of a contract he no longer wants. We show that this possibility of …
Persistent link: https://www.econbiz.de/10010365843
In this paper, a principal's decision between delegating two tasks or handling one of the two tasks herself is analyzed. We assume that the principal uses both, formal contracts and informal agreements sustained by the value of future relationships (relational contracts) as incentive device. It...
Persistent link: https://www.econbiz.de/10010365874
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
previously thought. Indeed, modeling 'expectation damages' close to legal practice, we show that the default remedy of contract …
Persistent link: https://www.econbiz.de/10010343923
contract that specifies only a fixed quantity and a fixed per-unit price can induce efficient investment if marginal cost is … risk of breaching, the first best becomes attainable with a simple price-quantity contract. …
Persistent link: https://www.econbiz.de/10010383019
be implemented even if the supervisor's preferences are unknown. The corresponding optimal contract is similar to what we …
Persistent link: https://www.econbiz.de/10010365849
In this paper, firms engage in rent seeking in order to be assigned a governmental contract. We analyze how a change in … the contract length affects the firms' rent-seeking behavior. A longer contract leads to more rent seeking at a contract … assignment stage, as the firms value the contract higher. On the other hand, the contract has to be assigned less often, which of …
Persistent link: https://www.econbiz.de/10010365859