Incomplete Contracts with Asymmetric Information: Exclusive Versus Optional Remedies

Ronen Avraham and Zhiyong Liu

American Law and Economics Review, 2006, vol. 8, issue 3, pages 523-561

Abstract: Scholars have been debating for years the comparative advantage of damages and specific performance. Yet, most work has compared a single remedy contract to another single remedy contract. But contract law provides the non-breaching party with a variety of optional remedies to choose from in case of a breach, and parties themselves regularly write contracts which provide such options. In this article, we start filling this gap by studying multi-remedy contracts. Specifically, we compare a contract that grants the non-breaching party an option to choose between liquidated damages and specific performance with an exclusive remedy contract, which restricts the non-breaching party's remedy to liquidated damages only. Copyright 2006, Oxford University Press.

Date: 2006

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