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 affect 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 find that default rules do have an influence. The reason for this is not that contract proposals and/or responses are biased towards the default, but rather that parties often disagree over what the best contract is and therefore end up with the default.
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Volume (Year): 163 (2007)
Issue (Month): 1 (March)
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- William P. Rogerson, 1984. "Efficient Reliance and Damage Measures for Breach of Contract," RAND Journal of Economics, The RAND Corporation, vol. 15(1), pages 39-53, Spring.
- Steven Shavell, 1984. "The Design of Contracts and Remedies for Breach," The Quarterly Journal of Economics, Oxford University Press, vol. 99(1), pages 121-148.
- Ernst Fehr & Susanne Kremhelmer & Klaus M. Schmidt, 2008.
"Fairness and the Optimal Allocation of Ownership Rights,"
Royal Economic Society, vol. 118(531), pages 1262-1284, August.
- Ernst Fehr & Susanne Kremhelmer & Klaus M. Schmidt, "undated". "Fairness and the Optimal Allocation of Ownership Rights," IEW - Working Papers 224, Institute for Empirical Research in Economics - University of Zurich.
- Fehr, Ernst & Kremhelmer, Susanne & Schmidt, Klaus M., 2005. "Fairness and the Optimal Allocation of Ownership Rights," CEPR Discussion Papers 5369, C.E.P.R. Discussion Papers.
- Fehr, Ernst & Kremhelmer, Susanne & Schmidt, Klaus M., 2005. "Fairness and the Optimal Allocation of Ownership Rights," Discussion Papers in Economics 727, University of Munich, Department of Economics.
- Fehr, Ernst & Kremhelmer, Susanne & Schmidt, Klaus M., 2004. "Fairness and the Optimal Allocation of Ownership Rights," Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems 11, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
- Fehr, Ernst & Kremhelmer, Susanne & Schmidt, Klaus M., 2008. "Fairness and the optimal allocation of ownership rights," Munich Reprints in Economics 20626, University of Munich, Department of Economics.
- Ernst Fehr & Susanne Kremhelmer & Klaus Schmidt, 2005. "Fairness and the Optimal Allocation of Ownership Rights," CESifo Working Paper Series 1467, CESifo Group Munich.
- Charles A. Holt & Susan K. Laury, 2002. "Risk Aversion and Incentive Effects," American Economic Review, American Economic Association, vol. 92(5), pages 1644-1655, December.
- Schwab, Stewart, 1988. "A Coasean Experiment on Contract Presumptions," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 237-268, June.
- Steven Shavell, 1980. "Damage Measures for Breach of Contract," Bell Journal of Economics, The RAND Corporation, vol. 11(2), pages 466-490, Autumn.
- Sloof, Randolph & Leuven, Edwin & Oosterbeek, Hessel & Sonnemans, Joep, 2003. " An Experimental Comparison of Reliance Levels under Alternative Breach Remedies," RAND Journal of Economics, The RAND Corporation, vol. 34(2), pages 205-222, Summer. Full references (including those not matched with items on IDEAS)
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