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Herein I outline an alternative theory of contract and contract enforcement. This theory is based upon two claims, one … the traditional contextualist and the ascendant neoformalist approaches to contract enforcement undermine this new form of … contract, a new philosophy is needed. A hybrid approach, integrating both formalism and problem-solving judicial intervention …
Persistent link: https://www.econbiz.de/10014055299
contract. This article is intended to help legal practitioners, judges and contracts scholars to better understand these …
Persistent link: https://www.econbiz.de/10014208957
Businesses and sophisticated parties have long used “contract exchanges,” like the Chicago Board of Trade, to obtain a … fair price and protect themselves from market volatility. These contract exchanges have greatly benefitted both their …, including Hotwire and Priceline, brought the power of contract exchanges directly to consumers, allowing regular people to flex …
Persistent link: https://www.econbiz.de/10013118653
This chapter surveys major issues arising in the economic analysis of contract law. It begins with an introductory … law of contracts. These divisions include freedom of contract (the extent of private power to create binding obligations …), formation of contracts (the procedural mechanics of exchange, and the rules that govern pre-contractual behavior), contract …
Persistent link: https://www.econbiz.de/10014023515
Contract today increasingly links entrepreneurial innovations to the efforts and finance necessary to transform ideas … into value. In this Chapter, we describe the match between a form of contract that "braids" formal and informal contractual … contract have emerged first in markets, and that the common law, and the theory of contract, then play catch-up. Between the …
Persistent link: https://www.econbiz.de/10013069012
. We find that the median value of a quantity contract is 10% of net price. The median value would be 25% lower without …
Persistent link: https://www.econbiz.de/10013212967
capitalism is governed. As the governance of production shifts from vertical integration to horizontal contract, a puzzle arises … that firms govern their collaborations through a number of new contract mechanisms, the summation of which is a novel … complementary) explanation of how contract governs inter-firm networks, not by downplaying the importance of hold-ups or by …
Persistent link: https://www.econbiz.de/10012721209
We examine the effect of relationship-specific investment on contract complexity, which has broad implications because … by Romanian firms. Seller relationship-specific investment has a positive effect on contract complexity while buyer …
Persistent link: https://www.econbiz.de/10014047401
to contract around these restrictions …
Persistent link: https://www.econbiz.de/10014053869
In many capital-intensive markets, sellers sign long-term contracts with buyers before committing to sunk cost investments. Ex-ante contracts mitigate the risk of under-investment arising from ex-post bargaining. However, contractual rigidities reduce the ability of firms to respond flexibly to...
Persistent link: https://www.econbiz.de/10014076857