Download or read book Equity Opportunism and the Design of Contractual Relations written by Scott E. Masten and published by . This book was released on 1987 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Safety Valve Model of Equity as Anti opportunism written by Kenneth Ayotte and published by Cambridge University Press. This book was released on 2023-08-31 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity can be defined as the use of a more flexible, morally judgmental, and subjective mode of legal decision making that roughly corresponds with historical equity. This Element presents a simple contracting model that captures the role of equity as a safety valve, and shows how it can solve problems posed by opportunists–agents with unusual willingness and ability to take advantage of necessary imperfections in the law. In this model, a simple but imperfect formal legal regime is able to achieve first best in the absence of opportunists. But when opportunists are added, a more flexible regime (equity), can be preferred. However, equity is also vulnerable to being used opportunistically by the parties it intends to protect. Hence, the Element shows that it is often preferable to limit equity, reserving it for use only against those who appear sufficiently likely to be opportunists.
Download or read book Contract Law and Economics written by Gerrit de Geest and published by Edward Elgar Publishing. This book was released on 2010-10 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.
Download or read book Handbook of Strategic Alliances written by Oded Shenkar and published by SAGE. This book was released on 2006 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers research on strategic alliances, and serves to lay out a research agenda on collaborative strategy and alliance management. This book covers the theoretical foundations that guide work on inter-firm collaboration, ranging from sociological perspectives to real options theory to diverse traditions within organizational economics.
Download or read book The Economics of Contracts written by Eric Brousseau and published by Cambridge University Press. This book was released on 2002-10-17 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2002 survey of economics of contracts appealing to scholars in economics, management and law.
Download or read book The New Institutional Economics written by Eirik Grundtvig Furubotn and published by Mohr Siebeck. This book was released on 1991 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Economics of Adaptation and Long term Relationships written by Dean Victor Williamson and published by Edward Elgar Publishing. This book was released on 2019 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do institutions matter in economic theory? Or is the economic analysis of institutions a distraction from the most important action? Indeed, does Vernon Smith’s notion of the “institution-free core” of formal economic theory encompass that most important action? To explore this question, this book opens with an informal tour of the economics of system design out of which an economics of adaptation ultimately emerged. The book then offers explorations, via the application of the economics of adaptation in both law and economics relating to how parties manage relationships within the firm, within the context of long-term contracts, and, most vividly, within the context of antitrust conspiracy.
Download or read book Economic Innovations in Public Utility Regulation written by Michael A. Crew and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is distilled from articles presented at two seminars held at Rutgers -- The State University of New Jersey on October 25, 1991, and May 1, 1992, entitled 'Economic Innovations in Public Utility Regulations'. These contributions represent the best new research on various topics in public utility regulation, including topics in antitrust law, the environmental impact of public utility regulation, incentive regulation, price-cap regulation, and contractual relationships.
Download or read book Journal of Economic Literature written by and published by . This book was released on 1992 with total page 1394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Thirsting for Efficiency written by M. Shirley and published by Elsevier. This book was released on 2002-04-18 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: One billion people in the world lack safe drinking water and almost 2 billion lack adequate sanitation services. As a result millions suffer and die every year from water and sanitation related diseases. Poor management and inefficient investment are often responsible for this situation, and countless past attempts at reform have accomplished little. Recently some developing countries have tried to reverse years of mismanagement of their water and sewerage systems by auctioning contracts to private operators. Why do countries that have tolerated mismanagement for decades develop a thirst for efficiency? What are the results of their efforts to change? What determines success or failure? This book fills a gap in the literature by systematically answering these important questions. It does so by analyzing reforms in six developing country capitals -- Buenos Aires, Argentina; Lima, Peru; Mexico City, Mexico; Santiago, Chile; Abidjan, Cote d'Ivoire; and Conakry, Guinea - and the United States in the 19th century.It not only assesses economic factors, but also explores the roles of laws, politics and norms. It provides an economic theory of water that encompasses institutional, political and economic aspects of reform.
Download or read book Institutions and Economic Theory written by Eirik Grundtvig Furubotn and published by University of Michigan Press. This book was released on 2000 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive introduction to and critical assessment of the theory and applications of the New Institutional Economics.
Download or read book Journal of Institutional and Theoretical Economics written by and published by . This book was released on 1990 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bibliography of Law and Economics written by B. Bouckaert and published by Springer Science & Business Media. This book was released on 2013-04-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Download or read book Journal of Institutional and Theoretical Economics written by and published by . This book was released on 2007 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity written by Irit Samet and published by Oxford University Press. This book was released on 2018-12-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
