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Contract law affects behavior not just directly, by ordering damages, but also indirectly, by providing information on … business with the disputants going forward. Contract law thus affects behavior by shaping reputations and facilitating market … discipline. This Article examines contract law’s liability standards, defenses, and remedies doctrines from an information …
Persistent link: https://www.econbiz.de/10014345304
In our paper we consider situations in which the parties are in disagreement about the allocation of a certain risk, and either party could have acted ex-ante to prevent breach, to lower its probability or to insure against it, but neither did so. When the state-of-the-world is revealed there...
Persistent link: https://www.econbiz.de/10013095176
This paper argues that contracts induced by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It...
Persistent link: https://www.econbiz.de/10009425285
This paper argues that contracts induced by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It...
Persistent link: https://www.econbiz.de/10009746174
). New contract language also includes dispute resolution provisions (e.g., jury waivers, forum selection clauses) that are …
Persistent link: https://www.econbiz.de/10011582006
to contract around these restrictions …
Persistent link: https://www.econbiz.de/10014053869
Persistent link: https://www.econbiz.de/10003613204
Persistent link: https://www.econbiz.de/10012899012
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
about the asset? How do the disclosure rules of contract law influence the investigation decision? Shavell (1994) showed …-disclosure rule, which requires disclosure of material information, but only after the contract is concluded. We show that this rule … can be more efficient than both voluntary disclosure and mandatory (pre-contract) disclosure …
Persistent link: https://www.econbiz.de/10011674107