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Persistent link: https://www.econbiz.de/10014483596
This paper deals with the risk of opportunism – the usual risk in economic exchanges. The breach of contract is …
Persistent link: https://www.econbiz.de/10014178200
Promises by one party “to indemnify” or “to save harmless” another party take many different forms and appear in many different kinds of contracts. It is clear, however, that not all indemnities possess identical characteristics. So what, then, is the essential characteristic of a...
Persistent link: https://www.econbiz.de/10014179203
to Contract” in Anglo-American law. This repudiation of the legal principle known as sanctity of contract was highly … the nineteenth century, contract reached its apotheosis in the modern business corporation, whose complex webs of consent … “restraint of trade” and “unfair methods of competition.” Consequently, entire categories of contract were banned, while other …
Persistent link: https://www.econbiz.de/10014041706
-fixed price and cost-plus contract forms in acquisition or procurement contracts. The effects and relative magnitudes of quality … and productivity incentives, economic profit, allocation of risk, and the option value of contract changes between the two …
Persistent link: https://www.econbiz.de/10014049126
This paper addresses the role of formal contract law and contract enforcement institutions in economic development. Its … inquiry is consequentialist: whether the existence of a formal contract law and enforcement regime significantly contributes … state to adopt an effective formal contract law and enforcement regime, without also adopting a particular type of political …
Persistent link: https://www.econbiz.de/10014050201
The increasing use of artificial agents such as bots, automated trading systems, and the like, in e-commerce and financial markets, has sparked a lively doctrinal debate in the legal academy and amongst international legislative bodies about the legal standing of the contracts that such agents...
Persistent link: https://www.econbiz.de/10014196134
This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009 …
Persistent link: https://www.econbiz.de/10014201611
Persistent link: https://www.econbiz.de/10014202587
there is a strong positive correlation between legal deterrence of unconscionable contract and disincentive for a party to … trade that should be taken in consideration seriously in designing the legal remedies for unconscionable contract …
Persistent link: https://www.econbiz.de/10014213873