More is Less

More is Less

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Summary

Why are contracts incomplete? Asymmetric information theories also have limitations. This Element offers an explanation based on contracts as 'reference points' showing if parties have different views about the division of surplus, an incomplete contract can be superior if including a contingency would lead to divergent reference points.

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More is Less by Maija Halonen-Akatwijuka

Why are contracts incomplete? Transaction costs and bounded rationality cannot be a total explanation since states of the world are often describable, foreseeable, and yet are not mentioned in a contract. Asymmetric information theories also have limitations. We offer an explanation based on 'contracts as reference points'. Including a contingency of the form, 'The buyer will require a good in event E', has a benefit and a cost. The benefit is that if E occurs there is less to argue about; the cost is that the additional reference point provided by the outcome in E can hinder (re)negotiation in states outside E. We show that if parties agree about a reasonable division of surplus, an incomplete contract is strictly superior to a contingent contract. If parties have different views about the division of surplus, an incomplete contract can be superior if including a contingency would lead to divergent reference points.
SKU Unavailable
ISBN 13 9781009396073
ISBN 10 1009396072
Title More is Less
Author Maija Halonen-Akatwijuka
Series Elements In Law Economics And Politics
Condition Unavailable
Binding Type Paperback
Publisher Cambridge University Press
Year published 2024-05-23
Number of pages 34
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.