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Having the cake and eating it too: efficient penalty clauses in Common and Civil contract law

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  • Hatzis, Aristides N.

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  • Hatzis, Aristides N., 2002. "Having the cake and eating it too: efficient penalty clauses in Common and Civil contract law," International Review of Law and Economics, Elsevier, vol. 22(4), pages 381-406, December.
  • Handle: RePEc:eee:irlaec:v:22:y:2002:i:4:p:381-406
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    References listed on IDEAS

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    1. Chung, Tai-Yeong, 1992. "On the Social Optimality of Liquidated Damage Clauses: An Economic Analysis," Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(2), pages 280-305, April.
    2. Yeon-Koo Che & Tai-Yeong Chung, 1999. "Contract Damages and Cooperative Investments," RAND Journal of Economics, The RAND Corporation, vol. 30(1), pages 84-105, Spring.
    3. Steven Shavell, 1980. "Damage Measures for Breach of Contract," Bell Journal of Economics, The RAND Corporation, vol. 11(2), pages 466-490, Autumn.
    4. Georgakopoulos, Nicholas L., 1997. "Predictability and legal evolution," International Review of Law and Economics, Elsevier, vol. 17(4), pages 475-489, December.
    5. Klein, Benjamin, 1980. "Transaction Cost Determinants of "Unfair" Contractual Arrangements," American Economic Review, American Economic Association, vol. 70(2), pages 356-362, May.
    6. Aghion, Philippe & Bolton, Patrick, 1987. "Contracts as a Barrier to Entry," American Economic Review, American Economic Association, vol. 77(3), pages 388-401, June.
    7. Samuel A. Rea, Jr., 1984. "Efficiency Implications of Penalties and Liquidated Damages," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 147-168, January.
    8. Stole, Lars A, 1992. "The Economics of Liquidated Damage Clauses in Contractual Environments with Private Information," Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(3), pages 582-606, October.
    9. Miceli, Thomas J., 1997. "Economics of the Law: Torts, Contracts, Property, Litigation," OUP Catalogue, Oxford University Press, number 9780195103908.
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    Cited by:

    1. Chiara Fumagalli & Massimo Motta & Thomas Rønde, 2009. "Exclusive Dealing: The Interaction between Foreclosure and Investment Promotion," Working Papers 2009.120, Fondazione Eni Enrico Mattei.
    2. Albert Breton & Pierre Salmon, 2005. "Bijural services as factors of production," Working Papers hal-01544851, HAL.
    3. Ian A. MacKenzie & Markus Ohndorf & Charles Palmer, 2012. "Enforcement-proof contracts with moral hazard in precaution: ensuring 'permanence' in carbon sequestration," Oxford Economic Papers, Oxford University Press, vol. 64(2), pages 350-374, April.
    4. Anastassios Karayiannis & Aristides Hatzis, 2012. "Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens," European Journal of Law and Economics, Springer, vol. 33(3), pages 621-643, June.
    5. Bryane Michael (Linacre College), "undated". "Drafting Implementing Regulations for International Anti-Corruption Conventions," QEH Working Papers qehwps150, Queen Elizabeth House, University of Oxford.
    6. Ian A. MacKenzie & Markus Ohndorf & Charles Palmer, 2010. "Enforcement-proof contracts with moral hazard in precaution: ensuring �permanence� in carbon sequestration," GRI Working Papers 27, Grantham Research Institute on Climate Change and the Environment.

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