eBook - PDF

Can Blockchain Solve the Hold-up Problem in Contracts?

Name: Can Blockchain Solve the Hold-up Problem in Contracts?
ISBN: 9781009020374

Richard Holden,

Anup Malani,

English
PDF
Available on iOS & Android

eBook - PDF

Can Blockchain Solve the Hold-up Problem in Contracts?

Richard Holden,

Anup Malani,

About this book

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.

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Yes, you can access Can Blockchain Solve the Hold-up Problem in Contracts? by Richard Holden,Anup Malani in PDF and/or ePUB format, as well as other popular books in Economics & Economic Policy. We have over one million books available in our catalogue for you to explore.