Standard Breach Remedies, Quality Thresholds, and Cooperative Investments

Stremitzer, Alexander (July 2008): Standard Breach Remedies, Quality Thresholds, and Cooperative Investments. SFB/TR 15 Discussion Paper No. 242

Abstract

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. Yet, in order to lower informational requirements of courts, parties may opt for a 'specific performance' regime which grants the breached-against buyer an option to choose 'restitution' if the tender's value falls below some (exogenously given) quality threshold. In order to implement this regime, no more information needs to be verifiable than is implicitly assumed in Che and Hausch (1999).

• Item Type: Paper
• Keywords: breach remedies, imcomplete contracts, cooperative investments
• Faculties: Special Research Fields > Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems; Special Research Fields > Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems > A5 - Unvollständige Vertragsbeziehungen und die Gestaltung von Residualrechten
• Subjects: 300 Social sciences > 330 Economics
• JEL Classification: K12, L22, J41, C70
• Language: English