Courts of Law and Unforeseen Contingencies

We study a contracting model with unforeseen contingencies inwhich the court is an active player. Ex ante, the contractingparties cannot include the risky unforeseen contingencies inthe contract they draw up. Ex post, the court observes whetheran unforeseen contingency occurred and decides whether to voidor uphold the contract. If the contract is voided by the court,the parties can renegotiate a new agreement ex post. There aretwo effects of a court that voids contracts. The parties' incentivesto undertake relationship-specific investment are reduced, andthe parties enjoy greater insurance against the unforeseen contingenciesthat the ex ante contract cannot account for. In this context,we fully characterize the optimal decision rule for the court.The behavior of the optimal court is determined by the trade-offbetween the need for incentives and the gains from insurancethat voiding in some circumstances offers to the agents.     

Courts,scheduled damages,and medical malpractice insurance

We study how the functioning of the judicial system affects the availability and affordability of medical liability insurance, as proxied by the number of insurers and the premiums paid. We use two unique datasets collected in Italy from 2000 to 2010. Using the first dataset—insurance contracts for hospitals—we estimate the average treatment effect of schedules on insurers and premiums paid, conditional on judicial efficiency and proxied by different measures. Our identification rests on the partial overlap between healthcare districts and judicial districts, meaning that the caseload of a court and malpractice events at the healthcare provider level are not perfectly correlated. On average, the adoption of schedules does not produce any significant effect on insurers or on premiums paid. However, adopting schedules has a robust and significant effect on the number of insurers, but only in inefficient courts. We further investigate these findings using a second dataset comprising 17,578 malpractice insurance claims. We find evidence of a composition effect among claims that is triggered by higher levels of judicial inefficiency: As a court’s inefficiency increases, the likelihood for a case to not be decided on the merits decreases and the levels of reserve and recovery per claim decrease.     

SOCIALLY OPTIMAL CRIMINAL COURT WAITING TIMES: A PARTIAL INVESTIGATION

Criminal courts provide a forum for conducting prosecutions with a guilty plea or a trial. Since queues are used as the basis for rationing scarce court facilities delays are inevitable, however courts are invariably criticised as being inefficient as a consequence. This focus on court delay defined as the time elapsing between the listing of the case in the court list and its final disposition is misleading. Rather, attention should be drawn to the considerably longer period between the initiation of proceedings and the conclusion of the case. In the case of defendants not granted bail, this pre-trial delay confers both costs and benefits on society and this observation can be used to ascertain socially optimal pre-trial waits.     

Entitling the Pollutee: Liability versus Standard under Private Information

This paper considers and compares two different legal means -- full liability and standard – to reduce and to regulate pollution at a local level accounting for private information about benefits and costs. The familiar polluter pays principle makes the polluter liable for any damage. Since the courts lack information about the true damage the pollutee can and presumably will overstate this damage. Nevertheless, voluntary arrangements bypassing the courts exist (e.g., for Coasean reasons). However, such out-of court arrangements fail to improve in many cases the inefficient allocation of pollution due to agency costs. Given these unsatisfactory consequences of the polluter pays principle even after allowing for contracts around the law, we propose a modification of standards: the pollutee is entitled that a certain standard is satisfied, yet can trade this right for financial compensations. Contracts induced by this legal rule are countervailing (the optimal mechanism switches between subsidies and payments and first best efficiency holds at both ends) and this characteristic allows such a privatized standard to track the first best quite well and (often) better than the polluter pays principle. This relative ranking under private information is the opposite of the one that holds under uncertainty (here liability dominates the standard).JEL classification: D62, D82     

Quality distortions in vertical relations

This paper examines how delivery tariffs and private quality standards are determined in vertical relations that are subject to asymmetric information. We consider an infinitely repeated game where an upstream firm sells a product to a downstream firm. In each period, the firms negotiate a delivery contract comprising the quality of the good as well as a non-linear tariff. Assuming asymmetric information about the actual quality of the product and focusing on incentive compatible contracts, we show that from the firms’ perspective delivery contracts lead to more efficient contracts and thus higher overall profits the lower the firms’ outside options, i.e. the higher their mutual dependency. Buyer power driven by a reduced outside option of the upstream firm enhances the efficiency of vertical relations, while buyer power due to an improved outside option of the downstream firm implies less efficient outcomes.     

LONG‐TERM AND SHORT‐TERM CONTRACT IN A MIXED MARKET*

With a two‐period mixed oligopolistic framework, this paper analyses the interaction between the length of incentive contracts and market behaviour. Assuming an environment in which firms choose either a long‐term or short‐term contract, we examine how contracts differ between public and private firms. The results show that the contracts would differ completely among firms; public firm prefers to make a short‐term contract while private firm makes a long‐term contract.     

Determinants of adaptation costs in procurement: an empirical estimation on Italian public works contracts

It is widely agreed that rules governing public procurement should be designed to achieve value for money. However, in the public works sector, ‘…?the good being procured is usually complex and hard to be exactly specified ex ante, …?[and] alterations to the original project might be needed after the contract is awarded. This may result in considerable discrepancies between the lowest winning bid and the actual costs that are incurred by the buyer’ (Bajari et al., 2006). There is now a wide body of literature focusing on cost escalation during the execution of contracts and their estimates reveal that it can be often quite large. This article is aimed at offering an empirical test of the determinants of adaptation costs in the public works procurement. Using a detailed data set on Italian public works contracts, we run an empirical analysis, grounded on the main conclusions reached in the literature, to test for the main drivers of adaptation costs.     

How German Labor Courts Decide: An Econometric Case Study

Abstract. Courts are an important element in the institutional framework of labor markets, often determining the degree of employment protection. German labor courts provide a vivid example in this regard. However, we know relatively little about court behavior. A unique dataset on German labor court verdicts reveals that social and other criteria like employee characteristics, the type of job, local labor market conditions and court composition influence court decisions. At least as striking is that workers' chances to win depend on where and when their cases are filed. This generates considerable ex ante uncertainty about outcomes.     

Authoritarian transparency: China's missing cases in court disclosure

The question whether authoritarian regimes use transparency initiatives to improve public governance or only to perform window dressing remains open. To address it, we examine a recently promulgated transparency policy in China that mandates public access to all judicial opinions. We find that local courts fail to disclose more than 60% of their opinions in corporate litigation cases, measured against a baseline of publicly listed firms’ disclosure of their litigation, as required and enforced by the securities regulations. Instead of upholding judicial fairness, local courts disclose cases selectively, displaying favoritism and responding to private incentives. Courts are more likely to suppress the publication of their opinions when the firm involved in the litigation is state-owned or is the defendant in its home court, especially in the year before the promotion of the provincial party secretary. We also find that firms whose cases are disclosed by the courts undergo adverse economic consequences, signaling that they have fallen out of favor with the government.     

Deliveries on Commodity Futures Contracts

Deliveries on futures contracts are widely thought to be relatively insignificant in amount; indeed sizeable deliveries are taken to indicate problems in a futures market. In fact, deliveries on five of the largest, physical delivery, futures markets in the US average approximately 10 per cent of the maximum open interest in each delivery month. Analysis also demonstrated the value of the timing and location options often provided by contract specifications. One implication is that measures of market performance like hedging effectiveness are sensitive to the imbedded options' effects on prices     

公共采购合同订立程序的归结与思考

明确公共采购合同订立程序及相关事项,有助于提高公共采购合同的签约效率,有助于推进订立工作的法治化进程。公共采购合同订立,一般经过信息发布、供应商遴选、合同草案起草、合同审定、合同签订、合同签章、合同生效和备案等步骤。     

Courts,contracts, and interference

This paper shows that the possibility of interference in court proceedings, or more generally jamming other agents’ messages, has significant consequences for the form of optimal contracts and the flexibility of decisions that can be made inside firms. Our approach offers a new view of authority, basing it on the ability of parties to have their say in court. Interference gives authority a role in worlds where it is traditionally absent in contract theory, like simple employment relationships without specific investments.     

Backing out of private pension provision: lessons from Germany

Financing pensions in the EU is a challenge. Many EU countries introduced private pension schemes to compensate declining public pension levels due to reforms made necessary by demographic change. In 2001, Germany introduced the Riester pension. Ten years after introduction the prevalence rate of this voluntary private pension scheme approximates 37 %. However, numerous criticisms raise doubts that the market for Riester products is transparent. Using the 2010 German SAVE survey, this article investigates terminated and dormant Riester contracts on a household level for the first time. Respectively 14.5 and 12.5 % of households who own or have owned a Riester contract terminated or set dormant their contract. We find that around 45 % of terminated or dormant Riester contracts are caused at least partly by product-related reasons, which is significantly higher than for endowment life insurance contracts. The uptake of a new contract after a termination is more likely if a termination is product-related. Nevertheless, after a termination 73 % of households do not sign a new contract, which can have serious long-term consequences for old-age income. Households with low income, low financial wealth or low pension literacy are more likely to have terminated or dormant contracts. Low income and low financial wealth households also have the lowest prevalence rate of Riester contracts and are at higher risk of old-age poverty.     

不完全契约理论:一个综述

标准的契约理论或委托-代理理论假定契约是完全的,然而现实中的契约是不完全的。契约的不完全会导致事前的最优契约失效,当事人在面临被“敲竹杠”的风险时会做出无效率的专用性投资。经济学家们在研究如何最大程度地减少由于契约不完全所导致的效率损失时,发展了一个新兴的不完全契约理论。本文以一个基本模型为基点,围绕专用性投资效率问题,从司法干预、赔偿、治理结构、产权以及履约等多个视角,全面地介绍了不完全契约理论的产生、发展、应用以及面临的挑战和未来的前景。     

AUCTIONS,EX POST COMPETITION AND PRICES: THE EFFICIENCY OF PUBLIC‐PRIVATE PARTNERSHIPS*

ABSTRACT ** : Using an original database concerning 1102 French local public authorities in 2001, we explore the relationships between prices charged by private operators in water contracts and ex post competition. We show that prices charged in contracts in which operators are in a monopoly situation throughout the duration of the contract, are not affected by a ‘competition effect’ between private operators. However, a competition effect between private operators and public management appears to be crucial in explaining prices combined with a ‘termination effect’, reflecting the fact that the contract is close to being renewed, and hence re‐auctioned.     

Moral hazard,competition and contract design: empirical evidence from managerial,franchised and entrepreneurial businesses in Norway

Agency theory emphasizes the role of ownership, control and incentives in encouraging managers to improve efficiency. Owners often tie managers to contracts that reduce conflict of interest between owners and managers. The differences between alternative business ownership structures have been investigated. According to theory, we expect managers with an outcome-dependent dealer contract to be more efficient than managers with a more integrated and less performance based employee dealer contract. We also analyse how competitive pressure might reduce the moral hazard problem and therefore affect contract design. Berle and Means (The Modern Corporation and Private Property, Macmillan, New York, 1932) long ago stated that the market mechanism could constrain the agency problem. Even so, this problem has scarcely been investigated empirically. This paper also considers the contractual effect of potential monitoring costs, education and relationship age in a model tested on data from 175 dealer contracts in a multinational oil company.     

Performance Standards and Incentive Pay in Agency Contracts

When the presence of limited liability restricts a principal from imposing monetary fines on an agent in case of poor performance, the principal might use other kinds of punishment threats to deter the agent from shirking. We show that under the optimal contract in this case, the principal sets a performance standard and punishes the agent if the standard is not met, but rewards the agent on a profit-sharing basis if the standard is significantly exceeded. The optimal choice of performance standards for such contracts is discussed. It is shown that punishment threats, although inefficient, often help the principal to discipline the agent.
JEL classification : D 82     

Under what conditions may social contracts arise? Evidence from the Hanseatic League

Social contractarians commonly take social contracts to be solely hypothetical and refrain from elaborating on the factors that influence the feasibility of the formation of social contracts. In contrast, this paper aims at providing a discussion of the conditions affecting the feasibility of social contracts. I argue that the more aligned the preferences of group members for public goods are, the more the individuals share similar social norms, and the smaller the group is the more feasible a genuine social contract becomes. I provide evidence in support of my contention from the medieval Hanseatic League. At the Hanseatic Kontor in Novgorod, one of the four major trading posts of the Hanseatic League in cities outside of Germany, German merchants agreed to live under the rule of a constitution that gave rise to a political authority for the Kontor society.     

Incentive Contracts for Natura 2000 Implementation in Forest Areas

The implementation of nature conservation policy is often based on contracts between public authorities and landowners. In this article, we model incentive contracts in forest areas in the presence of adverse selection and moral hazard when the conservation outcome is uncertain ex ante but observable ex post. The results show that agents who are likely to achieve a higher level of conservation should be offered a contract where transfers depend on the final outcome, with a bonus for a high ecological level of the forest. When conservation measures are correlated with forest management, we show that the contractual measures involve distorted transfers. We analyse the payment mechanisms used in France and Denmark in the context of the Natura 2000 policy. These mechanisms result in overcompensation and under-performance since they do not take the problem of moral hazard and natural variability into account.     

Courts and Firm Investments in Real Property

The legal environment and rule of law are important for business, but existing studies often treat rule of law holistically. This article examines the role of courts, specifically the speed of court decisions, the enforcement of edicts, and the impartiality of decision-making as perceived by firms of various sizes, and the impact this has on firm investments in real property. The article analyzes a panel of 6,300 firms from 27 countries in the period from 2002 to 2009 to find that (i) firm size affects perceptions positively, while (ii) paying bribes affects perceptions negatively. At the same time, (iii) a firm’s connections to the government have no apparent impact. More importantly, while all three components have a positive correlation with the amount firms invest in land and machinery, the speed of courts has the greatest significance and the highest marginal effect. Firms perceiving courts to be quick invest nearly four times as much as the average real property investment. This finding suggests that policymakers should focus on reducing backlogs in the court system, perhaps by encouraging more arbitration or staffing more clerks.