منابع مشابه
On the Importance of Default Breach Remedies
Theory predicts that default breach remedies are immaterial whenever contracting costs are negligible. Some experimental studies, however, suggest that in practice default rules do matter, as they may a¤ect parties' preferences over contract terms. This paper presents results from an experiment designed to address the importance of default breach remedies for actual contract outcomes. We …nd th...
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In this essay, I survey the three main remedial categories of the Convention on the International Sale of Goods (CISG) [specific performance, money damages, and goods-oriented remedies such as rejection and cure] from the vantage point of the economic literature on contract remedies, and discuss whether the rules set by the CISG are economically suitable for the particular transactions it gover...
متن کاملAn experimental comparison of reliance levels under alternative breach remedies
Breach remedies serve an important role in protecting relationship-specific investments. The theoretical literature predicts that some commonly used types of breach remedies may protect too well, in the sense that they induce overinvestment. The driving forces behind this result are the complete insurance against potential separation that breach remedies may provide, and the possibility to prev...
متن کاملThe principles Govering Remedies for Breach of Contract According to Expectation Interest In The Modern European law and Iranian law
Freedom of choosing an efficient remedy after the breach of contract, Cumulation of homogeneous remedies and the right to change the selected remedy in modern European contract law have been accepted via the approach of support of the injured party`s expectation interest. The consideration of these principles indicates that the remedies for breach of contract are not concerned in itself and ...
متن کاملStandard Breach Remedies , Quality Thresholds , and Cooperative Investments
When investments are non-verifiable, inducing cooperative investments with simple contracts may not be as difficult as previously thought. Indeed, modeling " expectation damages " close to legal practice, we show that the default remedy of contract law induces the first best. Hence, there is no need for privately stipulated remedies. Yet, in order to lower informational requirements of courts, ...
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ژورنال
عنوان ژورنال: Law and Contemporary Problems
سال: 1989
ISSN: 0023-9186
DOI: 10.2307/1191899