Breach Remedies Including Hybrid Investments

Daniel Göller () and Alexander Stremitzer ()
Additional contact information
Daniel Göller: University of Bonn

No 282, Discussion Papers from SFB/TR 15 Governance and the Efficiency of Economic Systems, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich

Abstract: We show that parties in bilateral trade can rely on the default common law breach remedy of ‘expectation damages’ to induce simultaneously first-best relationship-specific investments of both the selfish and the cooperative kind. This can be achieved by writing a contract that specifies a suffciently high quality level. In contrast, the result by Che and Chung (1999) that ‘reliance damages’ induce the firstbest in a setting of purely cooperative investments, does not generalize to the hybrid case. We also show that if the quality specified in the contract is too low, ‘expectation damages’ do not necessarily induce the ex-post effcient trade decision in the presence of cooperative investments.

Keywords: breach remedies; incomplete contracts; hybrid investments; cooperative investments; selfish investments (search for similar items in EconPapers)
JEL-codes: K12 L22 J41 C70 (search for similar items in EconPapers)
Date: 2009-10
View list of references

Downloads: (external link)
http://www.sfbtr15.de/dipa/282.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: http://EconPapers.repec.org/RePEc:trf:wpaper:282

Access Statistics for this paper

More papers in Discussion Papers from SFB/TR 15 Governance and the Efficiency of Economic Systems, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich
Contact information at EDIRC.
Series data maintained by Claudia Jung ().