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Government Obligations in Public-Private Partnership Contracts
Verma, Sandeep - 2010
Traditional models of full and open competition are generally applied for ordinary public procurement contracts, whereas special competitive procedures (such as unsolicited proposals) are permissible under various international and domestic frameworks for “Public-Private Partnership” (PPP)...
Persistent link: https://www.econbiz.de/10014044752
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Bayesian Contractual Interpretation
Listokin, Yair - 2010
best interpretation of a contract reflects both the prior likelihood (base rate) of a pair of contracting parties having a … given intention as well as the probability that the contract would be written as it is given that intention. If the base … rate of the intention associated with the simplest reading of the contract is low, then Bayes’ Rule implies that the …
Persistent link: https://www.econbiz.de/10014045775
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Contractual Choice
Masten, Scott E. - 2001
This entry discusses alternative theories of contract choice and design with special emphasis on (i) the interaction … between contract design and contract enforcement and (ii) the explanatory power of alternative theories. After discussing the … primary functions of contract, the entry reviews the assumptions and implications for contract design of the three dominant …
Persistent link: https://www.econbiz.de/10014046405
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Contractual Choice
Masten, Scott E. - 1999
This entry discusses alternative theories of contract choice and design with special emphasis on (i) the interaction … between contract design and contract enforcement and (ii) the explanatory power of alternative theories. After discussing the … primary functions of contract, the entry reviews the assumptions and implications for contract design of the three dominant …
Persistent link: https://www.econbiz.de/10014046406
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Whom Does the Written Contract Protect?
Xiao-wei, Yang; Zhiyong, Dai - 2007
the potential victim of opportunism that insists the contract written down to ask for enforcement help from the third … party when necessary. However, the possible opportunist is passive whether the contract should be written down. When the … victim has the ability to enforce the contract on his own, he also wants a written contract to prove his innocence. But this …
Persistent link: https://www.econbiz.de/10014049388
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Contractual Valuation Mechanisms and Corporate Law
Sharfman, Keith - 2007
"Legal valuation" - the resolution of disputes over the value of legal entitlements - is an inevitable aspect of any legal system. Across time and place and doctrinal boundaries, the problem is the same: each side seeks to have a self-servingly high or low figure assigned to the entitlement in...
Persistent link: https://www.econbiz.de/10014050912
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Freedom of Testation/Freedom of Contract
Hirsch, Adam J. - 2011
This Article argues that lawmakers ought to recategorize inheritance law and contracts law as cognate bodies of doctrine within a larger genus of transfers law. The Article proceeds to examine comparatively the justifications for freedom of contracts and freedom of testation, concluding that...
Persistent link: https://www.econbiz.de/10014195255
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Remedies On and Off Contract
Brooks, Richard R. W.; Stremitzer, Alexander - 2012
Easy availability of rescission followed by restitution has, for centuries, unsettled legal authorities, who fear it as a threat to commercial order or other normative values. Responding to these fears, authorities have limited the ease with which rescission may be elected. Their approach is...
Persistent link: https://www.econbiz.de/10014195986
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The Meaning of Contractual Silence : A Field Experiment
Listokin, Yair - 2010
to the formulation of majoritarian default rules. This paper presents a field experiment that prices consumers’ unstated … iPods was silent regarding the return policy. Although the estimates are extremely imprecise, consumers appear to pay … more than iPods sold “as is” – though again a lack of precision precludes confident inferences. Consumers interpret silence …
Persistent link: https://www.econbiz.de/10014199400
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On and Off Contract Remedies Inducing Cooperative Investments
Brooks, Richard R. W.; Stremitzer, Alexander - 2013
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 (ii) “disaffirm” the contract with the remedy of rescission and restitution …. This simple dichotomy of contract remedies applies broadly in both common law and civil law practice. We show here that …
Persistent link: https://www.econbiz.de/10014199798