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Contracts serve an important function: allocation of risks. In achieving this function, contractual parties routinely include a force majeure clause in their contracts to be excused from performance in the face of a supervening event. But what events qualify to excuse performance and how have...
Persistent link: https://www.econbiz.de/10013240680
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
The judgments of English courts regularly state that the principles governing contract interpretation are well … more conservative approach to contract interpretation under which disputes should be resolved primarily on the basis of … finding that the language of the contract is unambiguous is a ruling that absurd consequences will result …
Persistent link: https://www.econbiz.de/10013016661
Sloof et al.'s [2006] elegant study of default breach remedies illustrates both the potential and limitations of experimental law and economics (ELE). Potentially, the rigorous methodology of experimental economics can provide fully controlled tests of relationships among legally significant...
Persistent link: https://www.econbiz.de/10014053730
risk factors. Using a two-period model, the paper examines the dynamic features of the optimal contract under the PPP. The …
Persistent link: https://www.econbiz.de/10014166013
, oftentimes contract forms are chosen that do not fit participant's (owners', contractors') competences and risk capabilities. In … this paper, MIPP order contract forms are evaluated for the most common settings of owners and contractors with respect to … MIPP are laid-out. Focusing on the main order contract, the involved parties are termed, introducing a "standard situation …
Persistent link: https://www.econbiz.de/10010463104
Persistent link: https://www.econbiz.de/10015413197
optimally offers a contract that makes the agent's utility concave in output. If the agent is risk-neutral and protected by … concavity constraint might bind for some outputs but not others. We characterize the unique profit-maximizing contract and show …
Persistent link: https://www.econbiz.de/10012308620
contracting model, absent judicial idiosyncrasies, the parties always write a contract contingent on the state of nature so as to …
Persistent link: https://www.econbiz.de/10014217292
-based contract design idea that responds to the need for business operations flexibility in a pandemic or in other times of systemic …
Persistent link: https://www.econbiz.de/10013288953