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Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the standard is specific performance. The common law solution is ex post efficient. But is it also ex ante efficient? We use experimental methods to test whether knowing that...
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In his influential paper “Contracting Into Liability Rules: Intellectual Property Rights and Collective Rights … superiority of property over liability rules, since Merges demonstrated a seemingly critical asymmetry between the two. Merges … liability rule, but that we weren’t similarly stuck with an inefficiently-allocated property rule.The evidence Merges brought to …
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In the early models of incomplete contract neither party used to invest in the subject matter of the contract; those models primarily kept their focus on analyzing the effect of legal rules on parties' incentives to trade or to breach. The modern models stretched beyond that to include value...
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. With a discussion of different treatments to the concurrent liability of contractual fraud and contract breach in theory … can maximize personal interests. In both theory and practice, there is no specific standard of valid verdict and judges …
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