Showing 1 - 10 of 12,357
While various liability rules of tort law provide efficient incentives to invest, breach remedies of contract law are …
Persistent link: https://www.econbiz.de/10010263099
This study models producer protection legislation that would grant growers the right to claim damages (PPLD) if their contracts are prematurely terminated. In the absence of contracting frictions that prevent contractors from redesigning contracts to accommodate exogenous policy changes, PPLD...
Persistent link: https://www.econbiz.de/10010277255
strict liability rule for railway accidents by the Prussian Railway Law in 1838. This was a complete break with the whole … in the present-day broad diffusion of the liability rule in the German tort law. …
Persistent link: https://www.econbiz.de/10010319319
If a seller delivers a good non-conforming to the contract, Article 2 of the UCC as well as European warranty law allows consumers to choose between some money transfer and termination. Termination rights are, however, widely criticized, mainly for fear that the buyer resorts to "opportunistic...
Persistent link: https://www.econbiz.de/10010263188
Should the EU introduce an Optional European Contract Law Code and what should it look like? By applying economic theories of federalism and regulatory competition (legal federalism), it is shown why an Optional Code would be a very suitable legal instrument within a two-level European System of...
Persistent link: https://www.econbiz.de/10010265766
When investments are non-verifiable, 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 ?rst best. Yet, in order to...
Persistent link: https://www.econbiz.de/10010270017
of reference used by lawyers, without it, legal theory, in particular in the private law field, will be incomplete while …
Persistent link: https://www.econbiz.de/10010322316
Die Ökonomische Theorie des Haftungsrechts kommt zu dem Ergebnis, daß Haftungsregeln unter bestimmten Bedingungen dazu … gentechnologischen Forschung stark diskutiert. Es wird aufgezeigt, daß eine experimentelle Untersuchung der Ökonomischen Theorie des …
Persistent link: https://www.econbiz.de/10010305432
We analyze the design of legal principles and procedures for court decision-making in civil litigation. The objective is the provision of appropriate incentives for potential tort-feasors to exert care, when evidence about care is imperfect and may be distorted by the parties. Efficiency is...
Persistent link: https://www.econbiz.de/10010273769
determinants for efficiency in credence goods markets. While theory predicts that either liability or verifiability yields … efficiency, we find that liability has a crucial, but verifiability only a minor effect. Allowing sellers to build up reputation … higher efficiency as long as liability is violated. …
Persistent link: https://www.econbiz.de/10010294835