Imperfect Contract Enforcement

Imperfect Contract Enforcement
Author: James E. Anderson
Publisher:
Total Pages: 64
Release: 2002
Genre: Contracts (International law).
ISBN:

Download Imperfect Contract Enforcement Book in PDF, Epub and Kindle

We model imperfect contract enforcement when repudiators and their victims default to spot trading. The interaction between the contract and spot markets under improved enforcement can exacerbate repudiation and reduce contract execution, harming all traders. Improved contract execution benefits traders on the excess side of the spot market by attracting potential counter-parties, but harms them by impeding their exit from contracts found to be unfavorable. Multiple equilibria and multiple optima are possible, with anarchy a local optimum, perfect enforcement a local minimum and imperfect enforcement a global optimum. LDCs exhibit parameter combinations such that imperfect enforcement is optimal from their side of international markets. The model thus rationalizes the internationally varying patterns of imperfect enforceability observable in survey data.

Legal Evolution and Contract Evolution Under Imperfect Enforcement

Legal Evolution and Contract Evolution Under Imperfect Enforcement
Author: Nicola Gennaioli
Publisher:
Total Pages: 55
Release: 2015
Genre: Contracts
ISBN:

Download Legal Evolution and Contract Evolution Under Imperfect Enforcement Book in PDF, Epub and Kindle

We model optimal contracts and the evolution of precedents by introducing imperfect enforcement into a standard incomplete contracts setup. We assume that biased trial courts can refuse to verify novel evidence but are bound to respect precedents, namely to verify evidence that other judges verified in past cases. Despite judicial biases, optimal contracts are innovative (contingent on both precedents and novel evidence). Noisy evidence and judicial biases, however, introduce enforcement risk and cause incentives to be low-powered. The use of innovative contracts is key. Their litigation refines the law and makes it more informative, so enforcement improves. As a result, parties can in turn write more complete contracts, which enable higher- powered incentives and improve welfare. This beneficial mechanism is hampered by judicial bias, which slows down legal evolution and causes enforcement risk to persist for a long time.

Licensing and Innovation with Imperfect Contract Enforcement

Licensing and Innovation with Imperfect Contract Enforcement
Author: Richard Gilbert
Publisher:
Total Pages: 37
Release: 2017
Genre:
ISBN:

Download Licensing and Innovation with Imperfect Contract Enforcement Book in PDF, Epub and Kindle

Licensing promotes technology transfer and innovation, but enforcement of licensing contracts is often imperfect. We model contract enforcement as a game with perfect information but probabilistic enforcement and explore the implications of weak enforcement on the design of licensing contracts, the conduct of firms and market performance. An upstream firm develops a technology that it can license to downstream firms using a fixed fee and a per-unit royalty. Strictly positive per-unit royalties maximize the licensor's profit if competition among licensees limits joint profits. With imperfect enforcement, the licensor lowers variable royalties to reduce cheating. Although imperfect contract enforcement reduces the profits of the licensor, weak enforcement lowers prices, increases downstream innovation, and in some circumstances can increase total economic welfare.

Contract Enforcement

Contract Enforcement
Author: Edward Yorio
Publisher: Wolters Kluwer
Total Pages: 832
Release: 2011-01-01
Genre: Law
ISBN: 145480114X

Download Contract Enforcement Book in PDF, Epub and Kindle

Rev. ed. of: Contract enforcement / Edward Yorio. c1989.

Contract Enforcement, Social Efficiency, and Distribution

Contract Enforcement, Social Efficiency, and Distribution
Author: Steven Y. Wu
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

Download Contract Enforcement, Social Efficiency, and Distribution Book in PDF, Epub and Kindle

We use economic experiments to investigate how different contract enforcement regimes affect efficiency and the distribution of surplus in a vertically coordinated market with buyer concentration. We find that if a third party (e.g., government) perfectly enforces contracts, social efficiency is enhanced. We also find that when third-party enforcement is imperfect, social efficiency will not necessarily decrease because trading partners find ways to self enforce contracts. However, opportunistic behavior by some traders leaves some sellers (growers) with ex post profits below reservation levels. Finally, partial or one-sided third-party enforcement causes significant efficiency losses by constraining subjects' ability to use informal enforcement instruments.

Contract Enforcement, Social Efficiency, and Distribution

Contract Enforcement, Social Efficiency, and Distribution
Author: Steven Y. Wu
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

Download Contract Enforcement, Social Efficiency, and Distribution Book in PDF, Epub and Kindle

We use economic experiments to investigate how different contract enforcement regimes affect efficiency and the distribution of surplus in a vertically coordinated market with buyer concentration. We find that if a third party (e.g., government) perfectly enforces contracts, social efficiency is enhanced. We also find that when third-party enforcement is imperfect, social efficiency will not necessarily decrease because trading partners find ways to self enforce contracts. However, opportunistic behavior by some traders leaves some sellers (growers) with ex post profits below reservation levels. Finally, partial or one-sided third-party enforcement causes significant efficiency losses by constraining subjects' ability to use informal enforcement instruments.

The Role of Formal Contract Law and Enforcement in Economic Development

The Role of Formal Contract Law and Enforcement in Economic Development
Author: Michael J. Trebilcock
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

Download The Role of Formal Contract Law and Enforcement in Economic Development Book in PDF, Epub and Kindle

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 to economic growth in developing countries. We also address the related issue of the extent to which it is possible for a state to adopt an effective formal contract law and enforcement regime, without also adopting a particular type of political regime. Our inquiry further addresses the extent to which political theorizing about the role and structure of private law (in our case, contract law) applies universally, or whether such theorizing is highly contingent on context-specific political, cultural, and social values and practices. As the paper elaborates, two different hypotheses emerge from the literature. One takes the view that strong formal contract law and enforcement mechanisms are indispensable to economic development, while the other contends that much economic development is realizable through informal contracting mechanisms. To test the validity of these two hypotheses, we provide a critical review of existing literature, including literature on two cases of great contemporary development significance: the so-called 'China Enigma' and the 'East Asian Miracle.' In both of these cases, high rates of economic growth have been achieved, often in the absence of strong formal contract law and enforcement regimes. We argue that at low levels of economic development informal contract enforcement mechanisms may be reasonably good substitutes for formal contract enforcement mechanisms, but become increasingly imperfect substitutes at higher levels of economic development involving large, long-lived, highly asset-specific investments or increasingly complex traded goods and services, especially outside repeated exchange relationships. In the case of the 'China Enigma,' for example, even if the lack of effective formal contract enforcement has not been a major impediment to economic development to date (although some commentators contend otherwise), weak rule of law surely carries other significant costs in a more complete conception of development which embodies other non-instrumental values. We conclude that on one of the central questions in contemporary development debates - do good institutions cause growth, or does growth cause good institutions? - the answer, in the context of contract enforcement mechanisms, is a nuanced one.

Contract Enforcement

Contract Enforcement
Author: Albert E. Yorio
Publisher: Aspen Publishers
Total Pages: 256
Release: 2001
Genre: Law
ISBN:

Download Contract Enforcement Book in PDF, Epub and Kindle