Advanced Search
MyIDEAS: Login

Contracts in the Shadow of the Law: Optimal Litigation Strategies within Organizations

Contents:

Author Info

  • Aaron Finkle

    (Department of Economics, California State University San Marcos, U.S.A.)

Registered author(s):

    Abstract

    A principal can bring litigation against an agent for overstating the realized production costs. The lawsuit functions much like an audit; the principal's ability to bring suit against the agent can reduce the information rent and increase production efficiency by penalizing the agent misreporting costs. The principal benefits from higher trial awards depending on the ability of the principal to commit to a litigation strategy comprised of a frequency of and expenditure in litigation. While higher awards increase the agent's expected punishment for shirking, they also encourage excessive litigation expenditures by both parties ex post. When the principal can pre-commit to a probability of bringing suit, for large stakes in trial, the principal reduces the probability to maintain a constant expected punishment. Alternatively, if the principal were able to commit ex ante to a probability and intensity of litigation, even when stakes are large, the principal would litigate with certainty but reduce litigation intensity below what is ex post rational.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.ijbe.org/table%20of%20content/pdf/vol9-2/vol9-2-04.pdf
    Download Restriction: no

    File URL: http://www.ijbe.org/table%20of%20content/abstract/Vol.9/No.2/04.htm
    Download Restriction: no

    Bibliographic Info

    Article provided by College of Business, and College of Finance, Feng Chia University, Taichung, Taiwan in its journal International Journal of Business and Economics.

    Volume (Year): 9 (2010)
    Issue (Month): 2 (August)
    Pages: 131-155

    as in new window
    Handle: RePEc:ijb:journl:v:9:y:2010:i:2:p:131-155

    Contact details of provider:
    Postal: 100 Wenhwa Road, Seatwen, Taichung
    Web page: http://www.ijbe.org/
    More information through EDIRC

    Related research

    Keywords: litigation; principal-agent model; evidence production;

    Find related papers by JEL classification:

    References

    References listed on IDEAS
    Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
    as in new window
    1. Gutierrez, M., 2000. "An Economic Analysis of Corporate Directors' Fiduciary Duties," Papers 0014, Centro de Estudios Monetarios Y Financieros-.
    2. Alfredo Garcia & James Reitzes & Juan Benavides, 2005. "Incentive Contracts for Infrastructure, Litigation and Weak Institutions," Journal of Regulatory Economics, Springer, vol. 27(1), pages 5-24, September.
    3. Katz, Avery, 1988. "Judicial decisionmaking and litigation expenditure," International Review of Law and Economics, Elsevier, vol. 8(2), pages 127-143, December.
    4. Albert Choi & Chris Sanchirico, . "Should Plaintiffs Win What Defendants Lose?: Litigation Stakes, Litigation Effort, and the Benefits of 'Decoupling'," Scholarship at Penn Law upenn_wps-1000, University of Pennsylvania Law School.
    5. Anke S. Kessler, 2004. "Optimal Auditing in Hierarchical Relationships," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 160(2), pages 210-, June.
    6. Aghion, Philippe & Tirole, Jean, 1997. "Formal and Real Authority in Organizations," Journal of Political Economy, University of Chicago Press, vol. 105(1), pages 1-29, February.
    7. Gutierrez, Maria, 2003. " An Economic Analysis of Corporate Directors' Fiduciary Duties," RAND Journal of Economics, The RAND Corporation, vol. 34(3), pages 516-35, Autumn.
    8. Finkle, Aaron & Shin, Dongsoo, 2007. "Conducting inaccurate audits to commit to the audit policy," International Journal of Industrial Organization, Elsevier, vol. 25(2), pages 379-389, April.
    9. Farmer, Amy & Pecorino, Paul, 1999. " Legal Expenditure as a Rent-Seeking Game," Public Choice, Springer, vol. 100(3-4), pages 271-88, September.
    Full references (including those not matched with items on IDEAS)

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:ijb:journl:v:9:y:2010:i:2:p:131-155. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Yi-Ju Su).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.