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An Economic Theory of Fiduciary Law
Sitkoff, Robert H. - 2014
This chapter restates the economic theory of fiduciary law, making several fresh contributions. First, it elaborates on … with an economic theory of fiduciary law … earlier work by clarifying the agency problem that is at the core of all fiduciary relationships. In consequence of this …
Persistent link: https://www.econbiz.de/10013061785
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Legal Positions and Institutional Complementarities
Pagano, Ugo - 2002
Legal positions (such as rights, duties, liberties, powers, liabilities and immunities) are linked together by strong institutional complementarities differing from the usual institutional complementarities that have been recently considered by the Economic Literature. Legal positions do not...
Persistent link: https://www.econbiz.de/10014110714
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Legal Positions and Institutional Complementarities
Pagano, Ugo - 2005
Legal positions (such as rights, duties, liberties, powers, liabilities and immunities) are linked together by strong institutional complementarities that differ from the usual institutional complementarities that have been recently considered in economic literature. Legal positions not only...
Persistent link: https://www.econbiz.de/10014065885
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The economic structure of fiduciary law
Sitkoff, Robert - 2011
Persistent link: https://www.econbiz.de/10009511373
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Justifying Fiduciary Remedies
Miller, Paul B. - 2014
Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to … matter of primary right, by virtue of their exclusive claim over fiduciary power as a means derived from their own legal …
Persistent link: https://www.econbiz.de/10013065173
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Expectation damages and bilateral cooperative investments
Gollery, Daniel - 2012
We examine the efficiency of the standard breach remedy expectation damages in a setting of bilateral cooperative investment by a buyer and a seller. Contracts may specify a required quality level and an upper bound to the cost of production. We find that it is optimal to write an augmented...
Persistent link: https://www.econbiz.de/10009671789
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Expectation Damages and Bilateral Cooperative Investments
Göller, Daniel - 2012
We examine the efficiency of the standard breach remedy expectation damages in a setting of bilateral cooperative investment by a buyer and a seller. Contracts may specify a required quality level and an upper bound to the cost of production. We find that it is optimal to write an augmented...
Persistent link: https://www.econbiz.de/10013113958
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Benjamin Klein's Contributions to Law and Economics
Wright, Joshua D. - 2009
economics. I explore the intellectual foundations of Klein's pioneering analysis of the hold-up problem, the theory of the firm …
Persistent link: https://www.econbiz.de/10014047445
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An Information-Production Theory of Contract Law
Shapira, Roy; Jacob, Assaf; Kaplan, Yotam - 2023
Contract law affects behavior not just directly, by ordering damages, but also indirectly, by providing information on how the parties to the dispute behaved. Information from litigation can then help third parties decide whether to do business with the disputants going forward. Contract law...
Persistent link: https://www.econbiz.de/10014345304
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Elder Financial Abuse : Fiduciary Law and Economics
Chen, Ben - 2020
to exploit their position. Presuming the worst from the property manager, American fiduciary law typically imposes … onerous fiduciary duties to minimize conflicts of interest and deter misconduct. Orthodox fiduciary law explicitly aims to … overdeter.This Article argues that orthodox fiduciary law is too strict on most guardians and agents who manage property for the …
Persistent link: https://www.econbiz.de/10012841428