Contract Damages and Investment Dynamics
The present article provides an economic analysis to examine how contract damages affects both breach and investment decisions over time. Unlike the standard static model, this article studies a model in which, upon signing a contract, a seller invests over two periods, and a buyer may breach at the end of each period. The dynamic structure of the model allows us to investigate investment dynamics under alternative contract damages. First, under expectation damages, the seller has an incentive to invest only in the first period (front-loading of investment). Second, under reliance damages, a similar front-loading of investment occurs, and the degree of front-loading is excessive relative to the expectation damages. Third, under restitution damages, the seller has an incentive to invest only in the second period. We also examine efficiency properties of new hybrid measures of damages in which damages depend on the timing of breach.
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- James Dearden & Dorothy Klotz, 1996. "Investment timing and efficiency in incomplete contracts," Review of Economic Design, Springer;Society for Economic Design, vol. 2(1), pages 369-378, December.
- Oliver Hart & John Moore, 1998.
"Foundations of incomplete contracts,"
LSE Research Online Documents on Economics
19354, London School of Economics and Political Science, LSE Library.
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- Oliver Hart & John Moore, 1998. "Foundations of Incomplete Contracts," Harvard Institute of Economic Research Working Papers 1846, Harvard - Institute of Economic Research.
- Aaron S. Edlin & Stefan Reichelstein, 1995.
"Holdups, Standard Breach Remedies, and Optimal Investment,"
NBER Working Papers
5007, National Bureau of Economic Research, Inc.
- Edlin, Aaron S & Reichelstein, Stefan, 1996. "Holdups, Standard Breach Remedies, and Optimal Investment," American Economic Review, American Economic Association, vol. 86(3), pages 478-501, June.
- 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.
- Mahoney, Paul G, 1995. "Contract Remedies and Options Pricing," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 139-163, January.
- 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.
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