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Contract Enforcement and Productive Efficiency

Contract Enforcement and Productive Efficiency
Author: Nicholas Ryan
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:

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Weak contract enforcement may reduce the efficiency of investment in developing countries. I study how contract enforcement affects efficiency in procurement auctions for the largest power projects in India. I gather data on bidding and ex post contract renegotiation and find that the renegotiation of contracts in response to cost shocks is widespread, despite that bidders are allowed to index their bids to future costs like the price of coal. Connected firms choose to index less of the value of their bids to coal prices and, through this strategy, expose themselves to cost shocks to induce renegotiation. I use a structural model of bidding in a scoring auction to characterize equilibrium bidding when bidders are heterogeneous both in cost and in the payments they expect after renegotiation. The model estimates show that bidders offer power below cost due to the expected value of later renegotiation. The model is used to simulate bidding and efficiency with strict contract enforcement. Contract enforcement is found to be pro-competitive. With no renegotiation, equilibrium bids would rise to cover cost, but markups relative to total contract value fall sharply. Production costs decline, due to projects being allocated to lower-cost bidders over those who expect larger payments in renegotiation.


Contract Enforcement, Social Efficiency, and Distribution

Contract Enforcement, Social Efficiency, and Distribution
Author: Steven Y. Wu
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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We use economic experiments to investigate how different contract enforcement regimes affect efficiency and the distribution of surplus in a vertically coordinated market with buyer concentration. We find that if a third party (e.g., government) perfectly enforces contracts, social efficiency is enhanced. We also find that when third-party enforcement is imperfect, social efficiency will not necessarily decrease because trading partners find ways to self enforce contracts. However, opportunistic behavior by some traders leaves some sellers (growers) with ex post profits below reservation levels. Finally, partial or one-sided third-party enforcement causes significant efficiency losses by constraining subjects' ability to use informal enforcement instruments.


Contract Enforcement, Social Efficiency, and Distribution

Contract Enforcement, Social Efficiency, and Distribution
Author: Steven Y. Wu
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

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We use economic experiments to investigate how different contract enforcement regimes affect efficiency and the distribution of surplus in a vertically coordinated market with buyer concentration. We find that if a third party (e.g., government) perfectly enforces contracts, social efficiency is enhanced. We also find that when third-party enforcement is imperfect, social efficiency will not necessarily decrease because trading partners find ways to self enforce contracts. However, opportunistic behavior by some traders leaves some sellers (growers) with ex post profits below reservation levels. Finally, partial or one-sided third-party enforcement causes significant efficiency losses by constraining subjects' ability to use informal enforcement instruments.


How Private Contract Enforcement Mechanisms Can Succeed Where Public Institutions Fail

How Private Contract Enforcement Mechanisms Can Succeed Where Public Institutions Fail
Author: Hamish R. Gow
Publisher:
Total Pages: 0
Release: 2003
Genre:
ISBN:

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The enforcement of contracts is necessary for efficient exchange and investment in economic activities. Contracts can be enforced through a variety of mechanisms, both public and private. However, in many developing and transitional countries these public institutions are either absent or ineffective in ensuring contract enforcement. Under such conditions, private enforcement mechanisms may provide a suitable replacement for public enforcement institutions. This may be done externally through a third party or internally through self-enforcing agreements. This paper analyzes the use of "self-enforcing" arrangements or "internal" private enforcement mechanisms. Using a case study of an agri-business in a transition economy - Juhocukor a.s., a Slovakian sugar processor - we show that the use of "internal" private contract enforcement mechanisms can have a significant positive effect on output and efficiency for both partners to the exchange transaction in an environment characterized by the absence or ineffectiveness of public enforcement institutions.


Contract Enforcement

Contract Enforcement
Author: Edward Yorio
Publisher: Aspen Publishers
Total Pages: 642
Release: 1989
Genre: Law
ISBN:

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Use the power of the courts to your advantage to grant equitable, non-monetary relief in contract enforcement when you follow the incomparable guidance of Yorio and Thel. With current, detailed information for today's practitioner, Contract Enforcement covers every aspect of the availability and inherent limitations of equitable remedies in such contract areas as: Real estate Sale of goods Intangible personality Construction contracts Covenants not to compete Wills and other property agreements Employment agreements Franchise agreements International trade You will find in-depth analysis of the policies that underlie contract remedies, As well as clear explanations of the practical consequences of those policies in contract litigation. The effect on availability of equitable relief of such factors as: Right to a jury trial Legal limits on contract damages Disgorgement of profits and agreed remedies are also examined Throughout the book, you'll find concise analysis of all significant specific performance cases, legislation, and commentary.


Essays in Contract Design Under Incomplete Enforcement

Essays in Contract Design Under Incomplete Enforcement
Author: Paula Cordero-Salas
Publisher:
Total Pages: 185
Release: 2011
Genre:
ISBN:

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Abstract: This dissertation applies relational contract theory to study the optimal incentive provision in situations when formal enforcement is too costly. Essay one considers a theoretical redistribution of bargaining power among business partners who trade repeatedly and that traditionally hold asymmetric power to negotiate contract terms. I included a bargaining process in a relational contracts model to analyze the economic consequences of shifting bargaining power under different enforcement regimes. The model predicts that as the agent's bargaining power increases, her incentive payments decrease even though her total compensation increases. Thus, efficiency wage contracts are more likely to be observed than contingent performance contracts in markets where agents have bargaining power. In contexts where enforcement is weak, a transfer of bargaining power can erode market efficiency in a dynamic relational contracting environment. If principals lose power coupled with the absence of enforcement, they may find the short-term gains of reneging on contractual promises more attractive than long-term benefits of faithfully executing a contract where they hold less power. As a consequence trade is more likely to break down. In this case, the agent is better off exercising less bargaining power than she has. Nonetheless, the model also predicts that such a collapse in good-faith execution of contracts in the light of such a power shift may not occur if some minimum payment for contract participation is enforced. Essay two provides experimental evidence on the theoretical predictions from essay one. I implement an experimental design that adjusts the bargaining power of sellers (agents) and the enforceability of the contract. I find that the vast majority of contracts take the form of efficiency wage contracts instead of contingent performance contracts when enforcement is partially incomplete and sellers have more bargaining power than buyers. The total contracted and actual compensation increase with the bargaining power of the sellers. However, sellers' profits are found to increase only if a part of the total payment is third-party enforceable. In this case, observed surplus and efficiency are lower than predictions. When no part of a contract is third-party enforceable, more cooperative relationships emerge, exhibiting higher quality provision resulting in higher surplus and efficiency while rent sharing is lower. The result is explained by the stronger buyer's deviation, confirming predictions from essay one. Essay three considers the application of relational contracts as a mechanism for the reduction of carbon emissions from deforestation and forest degradation (REDD). I compared the structure of the optimal relational contract in the presence of purely self-interested participants to the optimal structure when participants are motivated by other preferences including altruism, spite, inequality aversion or warm-glow concerns. I find that the optimal contract structure only differs from the benchmark case of self-interested agents when seller preferences are different than only profit-maximizing preferences or if either party is inequality averse. Moreover, I also show that the presence of other regarding preferences increases or decreases the likelihood of cooperation in the long-term relationship relative to the case of self-interested participants.


Contract Enforcement and the Allocation of Capital

Contract Enforcement and the Allocation of Capital
Author: Jiaren Pang
Publisher:
Total Pages: 40
Release: 2013
Genre:
ISBN:

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This paper provides empirical evidence that contract enforcement matters for the flow of investment or allocation of capital. Using the estimated investment elasticities as the measure of capital allocation efficiency, we find that better contract enforcement is associated with more efficient allocation of capital, and this effect is more pronounced in industries which are more contract intensive. The results are robust to possible endogeneity, omitted variables bias, and outliers.


Evaluating the Performance of a Governmental Structure

Evaluating the Performance of a Governmental Structure
Author: Stephen L. Mehay
Publisher:
Total Pages: 88
Release: 1974
Genre: Police
ISBN:

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"Submitted to the National Science Foundation by the Institute of Government and Public Affairs, University of California, Los Angeles."--T.p.