An edition of Consent and exchange (2007)

Consent and exchange

Consent and exchange
Oren Bar-Gill, Oren Bar-Gill
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Last edited by MARC Bot
December 19, 2020 | History
An edition of Consent and exchange (2007)

Consent and exchange

"In some cases, the law permits a party that unilaterally provides a benefit to another party to recover the estimated value of this benefit. Despite calls for expanding the set of cases to which such a restitution rule applies, the law commonly applies a mutual consent rule under which a party providing another with a benefit cannot obtain any recovery without securing the advance consent of the beneficiary to the transaction. We provide an efficiency rationale for the undesirability of broad use of the restitution rule by identifying significant adverse ex ante effects of the rule that are avoided by the consent requirement. Even assuming that courts' errors in estimating buyer benefits would be unbiased, a restitution rule would strengthen sellers' hand by providing them with a put option that they may but do not have to use. As a result, the restitution rule would encourage inefficient market entry by low-quality sellers that would not contribute to any efficient transactions but would be able to extract payments from buyers seeking to avoid an exchange with them. Furthermore, the restitution rule would discourage efficient market entry by some or all potential buyers of a good or service. Beyond the restitution rule, we extend our analysis to show that similar adverse effects can also arise from other "pricing" rules that provide buyers or sellers with call or put options to force an exchange at a judicially-determined price.Keywords: ownership, exchange, restitution, property"--John M. Olin Center for Law, Economics, and Business web site.

Publish Date
Publisher
Harvard Law School
Language
English

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Edition Availability
Cover of: Consent and exchange
Consent and exchange
2007, National Bureau of Economic Research
in English
Cover of: Consent and exchange
Consent and exchange
2007, Harvard Law School
electronic resource / in English
Cover of: Consent and exchange
Consent and exchange
2007, Harvard Law School
in English

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Book Details


Edition Notes

Title from PDF file as viewed on 7/6/2007.

Includes bibliographical references.

Also available in print.

System requirements: Adobe Acrobat Reader.

Mode of access: World Wide Web.

Published in
Cambridge, MA
Series
Discussion paper -- no. 590, Discussion paper (John M. Olin Center for Law, Economics, and Business : Online) -- no. 590.

Classifications

Library of Congress
K487.E3

The Physical Object

Format
[electronic resource] /

Edition Identifiers

Open Library
OL31800737M
LCCN
2007617790

Work Identifiers

Work ID
OL11715025W

Work Description

"In some cases, the law permits a party that unilaterally provides a benefit to another party to recover the estimated value of this benefit. Despite calls for expanding the set of cases to which such a restitution rule applies, the law commonly applies a mutual consent rule under which a party providing another with a benefit cannot obtain any recovery without securing the advance consent of the beneficiary to the transaction. We provide an efficiency rationale for the undesirability of broad use of the restitution rule by identifying significant adverse ex ante effects of the rule that are avoided by the consent requirement. Even assuming that courts' errors in estimating buyer benefits would be unbiased, a restitution rule would strengthen sellers' hand by providing them with a put option that they may but do not have to use. As a result, the restitution rule would encourage inefficient market entry by low-quality sellers that would not contribute to any efficient transactions but would be able to extract payments from buyers seeking to avoid an exchange with them. Furthermore, the restitution rule would discourage efficient market entry by some or all potential buyers of a good or service. Beyond the restitution rule, we extend our analysis to show that similar adverse effects can also arise from other "pricing" rules that provide buyers or sellers with call or put options to force an exchange at a judicially-determined price.Keywords: ownership, exchange, restitution, property"--John M. Olin Center for Law, Economics, and Business web site.

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December 19, 2020 Created by MARC Bot Imported from Library of Congress MARC record