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In the early models of incomplete contract neither party used to invest in the subject matter of the contract; those … realize subsequent to a binding contract, a systematic analysis has been attempted to see - first, how the legal remedies can … role than that has been realized. Focus remains on the ex-ante design of the contract, which would serve as an implicit …
Persistent link: https://www.econbiz.de/10012723830
, eds.), surveys major issues arising in the economic analysis of contract law. It begins with an introductory discussion of … contracts. These areas include freedom of contract (i.e., the scope of private power to create binding obligations), formation … of contracts (both the procedural mechanics of exchange, and rules that govern pre-contractual behavior), contract …
Persistent link: https://www.econbiz.de/10014057650
promisee to receive no damages. To give efficient incentives to both parties, we propose a novel contract requiring the … contract "anti-insurance" because it strengthens incentives by magnifying risk, whereas insurance erodes incentives by …
Persistent link: https://www.econbiz.de/10013235946
This article examines some of the principles and assumptions from classical contract theory that underlie many of the … rules of contract law. It then explores the process by which written contracts are created and entered into. Comparing the … realities of the process involved in creating written contracts with the principles and assumptions underlying contract law …
Persistent link: https://www.econbiz.de/10014176313
Contract law and the economics of contract have, for the most part, developed independently of each other. In this … essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize … the economics literature on contract. The title, Contracts between Legal Persons, limits the review to that part of …
Persistent link: https://www.econbiz.de/10009312933
We thank three anonymous referees for thoughtful comments and suggestions which we found very constructive and helpful. We are particularly grateful to the editor, Al Klevorick, for his advice and painstaking guidance through the multiple revision process. We thank Robert Barsky, Susanto Basu,...
Persistent link: https://www.econbiz.de/10010209783
We relate the design of contract law to the process of development. In this paper, contract law defines which private … levels of effort and trading among agents. The solution to this problem requires a social contract which meets two conditions …: (i) an economywide delegate (judge) responsible for the enforcement of the social contract and (ii) a set of non …
Persistent link: https://www.econbiz.de/10010343845
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 law for a setting of cooperative investments. While Che and Chung (1999) have shown that expectation damages perform …
Persistent link: https://www.econbiz.de/10010343972
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