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If a seller delivers a good non-conforming to contract, European and US warranty law allows consumers to choose between some money transfer and termination. Termination rights are, however, widely criticized, mainly for fear that the buyer may use non-conformity as a pretext for getting rid of a...
Persistent link: https://www.econbiz.de/10010365843
We relate the design of contract law to the process of development. In this paper, contract law defines which private agreements are enforceable (i.e. are binding and enforced by courts) and which are not. Specically, we consider an economy where agents face a hold-up problem (moral hazard in...
Persistent link: https://www.econbiz.de/10010343845
How does the prospect of sale affect the seller's incentive to investigate — to acquire socially valuable information about the asset? How do the disclosure rules of contract law influence the investigation decision? Shavell (1994) showed that, if sellers and buyers are symmetrically informed,...
Persistent link: https://www.econbiz.de/10011674107
Naidu and Yuchtman (2013) find that labor demand shocks in 19th-century Britain had an impact on master and servant prosecutions, as breaking an employee contract was a criminal offense until 1875. We first reproduce all regression tables in Naidu and Yuchtman (2013) and then test for robustness...
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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
We consider default rules for instances in which parties to a contract did not allocate the risk of a certain contingency, and both sides could have helped avoid the occurrence of breach of the contract or lessen the damages from it occurring. We compare alternative regimes with a fault-based...
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