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Persistent link: https://www.econbiz.de/10008661951
This chapter surveys major issues arising in the economic analysis of contract law. It begins with an introductory discussion of scope and methodology, and then addresses four main topics that correspond to the major doctrinal divisions of the law of contracts. These divisions include freedom of...
Persistent link: https://www.econbiz.de/10014023515
A party dissatisfied with the contractual performance of a counterparty is typically able to pursue a variety of legal 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...
Persistent link: https://www.econbiz.de/10003909321
Producers or consumers faced with an increase in taxes are usually able to shift parts of it to other levels in the value chain. We examine who is actually bearing the burden of increased energy taxes in the EU-area - consumers or exporters. Traditional tax incidence theory presumes spot...
Persistent link: https://www.econbiz.de/10011399311
In the hold-up problem incomplete contracts cause the proceeds of relation-specific investments to be allocated by ex-post bargaining. The present paper investigates the efficiency of incomplete contracts if individuals have heterogeneous preferences implying heterogeneous bargaining behavior...
Persistent link: https://www.econbiz.de/10010371083
This paper investigates a procurement relationship between a welfare-oriented government and a private supplier. The agents face several versions of the trading good which differ in quality and production costs, and the differences between those items are undescribable ex ante. In presence of...
Persistent link: https://www.econbiz.de/10011539057
In the hold-up problem incomplete contracts cause the proceeds of relation specific investments to be allocated by ex-post bargaining. The present paper investigates the efficiency of incomplete contracts if individuals have heterogeneous preferences implying heterogeneous bargaining behavior...
Persistent link: https://www.econbiz.de/10002812571
We provide a synthesis of the theoretical models that study the use of escape clauses, also known as safeguards, in multilateral and preferential trade agreements. We consider models that explain this type of flexibility based on economic efficiency, political economy shocks, and...
Persistent link: https://www.econbiz.de/10014023452
Employment scholarship focuses too much on laws and not enough on norms. Yet norms capture the complete terms of employment more accurately than most legal contracts. Virtually every aspect of the employment relation that falls outside the realm of contract lawyers - corporate culture, office...
Persistent link: https://www.econbiz.de/10014027940
In an environment in which sellers can reduce the probability of defective delivery through cooperative investment, and in which enforcement of default remedies for breach of contract is imperfect, an optimal performance standard grants buyers the option to reject goods for some but not all...
Persistent link: https://www.econbiz.de/10012940632