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Double-Sided Moral Hazard, Efficiency Wages and Litigation

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  • Gürtler, Oliver
  • Kräkel, Matthias

Abstract

We consider a double-sided moral hazard problem where each party can renege on the signed contract since there does not exist any verifiable performance signal. It is shown that ex-post litigation can restore incentives of the agent. Moreover, when the litigation can be settled by the parties the pure threat of using the legal system may suffice to make the principal implement first-best effort. As is shown in the paper, this .finding is rather robust. In particular, it holds for situations where the agent is protected by limited liability, where the parties have different technologies in the litigation contest, or where the agent is risk averse.

Suggested Citation

  • Gürtler, Oliver & Kräkel, Matthias, 2007. "Double-Sided Moral Hazard, Efficiency Wages and Litigation," Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems 214, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
  • Handle: RePEc:trf:wpaper:214
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    References listed on IDEAS

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    More about this item

    Keywords

    double-sided moral hazard; efficiency wage; litigation; contest; settlement;

    JEL classification:

    • D86 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Economics of Contract Law
    • J33 - Labor and Demographic Economics - - Wages, Compensation, and Labor Costs - - - Compensation Packages; Payment Methods
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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