Option Contracts and Renegotiation - a Solution to the Hold-Up Problem

Option Contracts and Renegotiation - a Solution to the Hold-Up Problem

Author: Georg Nöldeke

Publisher:

Published: 2004

Total Pages: 0

ISBN-13:

DOWNLOAD EBOOK

In this article, we analyze the canonical hold-up model of Hart and Moore under the assumption that the courts can verify delivery of the good by the seller. It is shown that no further renegotiation design is necessary to achieve the first best: simple option contracts, which give the seller the right to take the delivery decision and specify payments depending on whether delivery takes place, allow implementation of efficient investment decisions and efficient trade.


Buyer-Option Contracts Restored

Buyer-Option Contracts Restored

Author: Thomas Patrick Lyons

Publisher:

Published: 2014

Total Pages:

ISBN-13:

DOWNLOAD EBOOK

Quot;Buyer-optionquot; contracts, in which the buyer selects the product variant to be traded and chooses whether to accept delivery, are often used to solve holdup problems. We present a simple game that focuses sharply on subgames in which the buyer proposes inefficient actions in order to improve his bargaining position. We argue for one of several alternative ways to model this situation. We then apply that modeling choice to recent models of the foundations of incomplete contracts and show that a buyer-option contract is sufficient to induce first-best outcomes.


Can Blockchain Solve the Hold-up Problem in Contracts?

Can Blockchain Solve the Hold-up Problem in Contracts?

Author: Richard Holden

Publisher: Cambridge University Press

Published: 2021-11-18

Total Pages: 94

ISBN-13: 100902017X

DOWNLOAD EBOOK

A vexing problem in contract law is modification. Two parties sign a contract but before they fully perform, they modify the contract. Should courts enforce the modified agreement? A private remedy is for the parties to write a contract that is robust to hold-up or that makes the facts relevant to modification verifiable. Provisions accomplishing these ends are renegotiation-design and revelation mechanisms. But implementing them requires commitment power. Conventional contract technologies to ensure commitment – liquidated damages – are disfavored by courts and themselves subject to renegotiation. Smart contracts written on blockchain ledgers offer a solution. We explain the basic economics and legal relevance of these technologies, and we argue that they can implement liquidated damages without courts. We address the hurdles courts may impose to use of smart contracts on blockchain and show that sophisticated parties' ex ante commitment to them may lead courts to allow their use as pre-commitment devices.


Option Contracts and Renegotiation in Complex Environments

Option Contracts and Renegotiation in Complex Environments

Author: Eric Bennett Rasmusen

Publisher:

Published: 2006

Total Pages: 0

ISBN-13:

DOWNLOAD EBOOK

Hart & Moore (1999) construct a model to show that contracts perform poorly when the state of the world is unverifiable and renegotiation cannot be ruled out. They implicitly assume that one player can extort payment from another by threatening to take an inefficient action which hurts both of them. Without this assumption, a simple buyer option contract can implement the first-best even as complexity becomes severe. The model is a good illustration of the need to be careful with the ideas of one party has all the bargaining power and one party can make a take-it-or-leave-it offer.


The Economics of Contracts

The Economics of Contracts

Author: Eric Brousseau

Publisher: Cambridge University Press

Published: 2002-10-17

Total Pages: 604

ISBN-13: 9780521893138

DOWNLOAD EBOOK

A 2002 survey of economics of contracts appealing to scholars in economics, management and law.


An Elementary Approach to the Hold-Up Problem with Renegotiation

An Elementary Approach to the Hold-Up Problem with Renegotiation

Author: Urs Schweizer

Publisher:

Published: 2002

Total Pages: 0

ISBN-13:

DOWNLOAD EBOOK

This paper propagates a non-differentiable and general approach to the hold-up problem with renegotiation. A simple condition is provided which necessarily must hold for an investment profile to be sustainable by a message contingent contract. A direction of investment is called non-harmful if the other party would never suffer from an increase in investments by the first party. The effcient investment profile fails to be sustainable as soon as, for one party at least, there exists a non-harmful direction of investment.


Firms, Contracts, and Financial Structure

Firms, Contracts, and Financial Structure

Author: Oliver Hart

Publisher: Clarendon Press

Published: 1995-10-05

Total Pages: 244

ISBN-13: 0191521728

DOWNLOAD EBOOK

This book provides a framework for thinking about economic instiutions such as firms. The basic idea is that institutions arise in situations where people write incomplete contracts and where the allocation of power or control is therefore important. Power and control are not standard concepts in economic theory. The book begins by pointing out that traditional approaches cannot explain on the one hand why all transactions do not take place in one huge firm and on the other hand why firms matter at all. An incomplete contracting or property rights approach is then developed. It is argued that this approach can throw light on the boundaries of firms and on the meaning of asset ownership. In the remainder of the book, incomplete contacting ideas are applied to understand firms' financial decisions, in particular, the nature of debt and equity (why equity has votes and creditors have foreclosure rights); the capital structure decisions of public companies; optimal bankruptcy procedure; and the allocation of voting rights across a company's shares. The book is written in a fairly non-technical style and includes many examples. It is aimed at advanced undergraduate and graduate students, academic and business economists, and lawyers as well as those with an interest in corporate finance, privatization and regulation, and transitional issues in Eastern Europe, the former Soviet Union, and China. Little background knowledge is required, since the concepts are developed as the book progresses and the existing literature is fully reviewed.


Contract Law and Economics

Contract Law and Economics

Author: Gerrit de Geest

Publisher: Edward Elgar Publishing

Published: 2010-10

Total Pages: 497

ISBN-13: 1849806640

DOWNLOAD EBOOK

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.