It takes the average reader 1 hour and 35 minutes to read Can Blockchain Solve the Hold-up Problem in Contracts? by Richard Holden
Assuming a reading speed of 250 words per minute. Learn more
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.
Can Blockchain Solve the Hold-up Problem in Contracts? by Richard Holden is 94 pages long, and a total of 23,876 words.
This makes it 32% the length of the average book. It also has 29% more words than the average book.
The average oral reading speed is 183 words per minute. This means it takes 2 hours and 10 minutes to read Can Blockchain Solve the Hold-up Problem in Contracts? aloud.
Can Blockchain Solve the Hold-up Problem in Contracts? is suitable for students ages 10 and up.
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