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Judges become ambitious decision makers when they face appellate review. This paper applies a contract theoretic … implemented court accuracy and degrade the contract outcome. Our implications put into perspective the traditional function of … contract output. …
Persistent link: https://www.econbiz.de/10010991229
incomplete contract. It is shown that the efficiency of these solutions is very sensitive to the characteristics of the good or …
Persistent link: https://www.econbiz.de/10005233793
This study investigates contracting mechanisms in situations of opportunistic disputes between organizations. The authors specifically explore the relationships between the formal versus informal nature of opportunism and the formal versus informal nature of contractual governance. They use a...
Persistent link: https://www.econbiz.de/10011258800
We view a contract as a list of outcomes. Ex ante, the parties commit not to consider outcomes not on the list, i ….e., these are "ruled out". Ex post, they freely bargain over outcomes on the list, i.e., the contract specifies no mechanism to … structure their choice; in this sense outcomes on the list are not "ruled out". A "loose" contract (long list) maximizes …
Persistent link: https://www.econbiz.de/10010746644
We consider a bilateral trading problem in which one or both parties makes relationship-specific investments before trade. Without adequate contractual protection, the prospect of later holdups discourages investment. We postulate that the parties can sign noncontingent contracts prior to...
Persistent link: https://www.econbiz.de/10005830502
controlling the contract price is preferable, as that policy can reduce the problems of holdup but still allow contracts to be …
Persistent link: https://www.econbiz.de/10005050327
The decision to request a preliminary injunction—a court order that bans a party from certain actions until their lawfulness are ascertained in a final court ruling at trial—is an important litigation instrument in many areas of the law including antitrust, copyright, patents, trademarks,...
Persistent link: https://www.econbiz.de/10008852775
, being able to remove unfair terms in contracts concluded between consumers and professionals, its content is influenced by …
Persistent link: https://www.econbiz.de/10010936433
sicherstellen können. Der optimale Vertrag ist dabei auf die Fähigkeit der Gerichte zu konditionieren, Vertragsbruch oder …
Persistent link: https://www.econbiz.de/10010991215
social ties and networks do not promote the type of high-trust relations that are central to traditional relational contract …
Persistent link: https://www.econbiz.de/10011120277