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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...
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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...
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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 …
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