Behaviorally efficient remedies: An experiment

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Authors: Christoph Engel, Lars Freund
Cited by: 0
References: 30

Abstract

Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the standard is specific performance. The common law solution is ex post efficient. But is it also ex ante efficient? We use experimental methods to test whether knowing that non-fulfilment will only give a right to damages deters mutually beneficial trade. The design excludes aversion against others willfully breaking their promises, and fairness concerns. We find that there is indeed less trade if specific performance is not guaranteed, provided the preference for the traded commodity is sufficiently pronounced.

Fields of Study & Subjects

Law Economics and Judicial Systems Legal and Constitutional Studies Legal principles and applications

Publication details

Journal / source
International Review of Law and Economics
Publisher
Elsevier BV
Volume
85
Pages
106321–106321
Publication date
8 January 2026
Language
EN