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contracts of transferring property (with sale as main contract), enjoying property (with lease as main contract) and service … contracts (with building contract and agency as main contracts). The footnotes are limited. Yet there are bibliographic …
Persistent link: https://www.econbiz.de/10013127721
Persistent link: https://www.econbiz.de/10014184048
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/10003909321
Contract law and the economics of contract have, for the most part, developed independently of each other. In this … essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize … the economics literature on contract. The title, Contracts between Legal Persons, limits the review to that part of …
Persistent link: https://www.econbiz.de/10009312933
contract that specifies only a fixed quantity and a fixed per-unit price can induce efficient investment if marginal cost is … risk of breaching, the first best becomes attainable with a simple price-quantity contract. …
Persistent link: https://www.econbiz.de/10010383019
If a seller delivers a good non-conforming to contract, European and US warranty law allows consumers to choose between … use non-conformity as a pretext for getting rid of a contract he no longer wants. We show that this possibility of …
Persistent link: https://www.econbiz.de/10010365843
A setting of reliance investments is explored where one of the parties to a contract obtains private information … difficult task to award expectation damages corrrectly to a party with private information who sufffers from breach of contract …
Persistent link: https://www.econbiz.de/10010365891
. We find that it is optimal to write an augmented Cadillac contract that sets one threshold such that it cannot be met …
Persistent link: https://www.econbiz.de/10009671789
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
This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the...
Persistent link: https://www.econbiz.de/10013116026