<link rel="stylesheet" href="styles.f3b1fba60ec7970c.css">

Publication:
Verifiability and contract enforcement: a model with judicial moral hazard

Loading...
Thumbnail Image

Departments

Item type:Organizational Unit,

School / College / Institute

Program

Organization Authors

Co-Authors

Date

Language

Embargo Status

N/A

Journal Title

Journal ISSN

Volume Title

Alternative Title

Abstract

I model the litigation of a contract containing a variable not observable by courts, hence nonverifiable, unless the rational and self-interested judge exerts effort. He values the correct ruling but dislikes effort. Judicial effort is discretionary. I show that effort cost is inconsequential-"always breach" is equilibrium for any effort cost. But there exists another equilibrium where a small breach rate is achieved even with significant effort costs. Maximal remedies for breach are not optimal. Because effort is discretionary, low effort cost increases breach. Pretrial negotiations can have a substantial negative impact on verifiability under arbitrarily small deviations from full rationality.

Source

Publisher

Oxford University Press (OUP) inc

Citation

item.page.haspartof

Source

Journal of Law Economics and Organization

item.page.ispartofseries

item.page.edition

DOI

10.1093/jleo/18.1.67

item.page.datauri

item.page.link

Rights

N/A

Copyrights Note

Rights and licensing

N/A

Endorsement

Review

Supplemented By

Referenced By

Related Patent

Related Goal

Item type:Goal, Access status: Open Access ,
16 - Peace, Justice and Strong Institutions
Compassion and a strong moral compass is essential to every democratic society.Yet, persecution, injustice and abuse still runs rampant and is tearing at the very fabric of civilization. We must ensure that we have strong institutions, global standards of justice, and a commitment to peace everywhere.
Google Scholar
Scholar'da Ara ↗
6
Görüntülenme
0
İndirme
Altmetric
Dimensions
PlumX Metrikleri
BIP! Indicators