This paper will analyze the doctrine of culpa in contrahendo, including statutory provisions and case law adopted in different jurisdictions in which this theory has been applied. In doing so, this paper will provide a general description of the culpa in contrahendo doctrine, and then it will introduce the legal perspective of a judge facing a case of pre-contractual liability in Chile. Finally...

Historically, water and sanitation service providers in lowincome countries have struggled to accommodate rapid urban expansion, and particularly to serve the poor in peri-urban areas. One way to approach these challenges is to develop alternative approaches to service delivery, incorporating innovative institutional and contractual arrangements, and involving partnerships between communities, ...

This paper distinguishes between governance structure and contractual form. The basic premise is that researchers often confuse these two concepts when they develop or empirically test models within the transaction cost framework. In the paper I utilize a simple principal-agent model to show that transaction cost factors affect both contractual form and governance structure, but not identically...

Pacific Economic Bulletin Volume 21 Number 2 2006 © Asia Pacific Press This article assesses the magnitude of expected financial gains and the nature of incentives that a performance payment based contractual system may offer in a segmented sugar industry such as Fiji’s. A performance payment system (PPS), such as the Atherton system, could give all industry stakeholders incentives to improve p...

copyright is characterized by the concept of originality. despite its very importance in the formation of a work with its effects and consequences and despite some research previously done in this area, yet, further study seems necessary. one of the reasons for this is, perhaps, the relative and subjective concept of originality and its flexible nature. this research attempts to define the idea...

Thinking about contingencies, designing covenants and seeing through their implications is costly. Parties to a contract accordingly use heuristics and leave it incomplete. The paper develops a model of bounded rationality and examines its consequences for contractual design. It is argued that cognition is a natural source of adverse selection in contractual relationships, that contracts may be...

In numerous economic scenarios, contracting parties may not have a clear picture of all the relevant aspects. While confronted with these unawareness issues, the strategic decisions of the contracting parties critically depend on their sophistication. A contracting party may be unaware of what she is entitled to determine. Therefore, she can only infer some missing pieces via the contract offer...

Real-world business relationships have an essentially cooperative nature. However, when modeling contractual norms using normative multi-agent systems, it is typical to give norms a strict and domain independent semantics. We argue that in B2B contract enactment cooperation should be taken into account when modeling contractual commitments through obligations. We introduce an approach to model ...