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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                                  1. Introduction; 2. The Hold-up Problem, its Impact and Mechanism Design; 3. Possible Solutions to the Hold-up Problem; 4. Background on Blockchain and Smart Contracts; 5. How Smart Contracts on Blockchain Can Help Reduce Contractual Hold-up; 6. Conclusion; Appendix A: Addressing Hold-up with Options Contracts (Noldeke and Schmidt 1995); Appendix B: Moore-Repullo Revelation Mechanism.
                                
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                                                          We show how blockchain as a new contracting technology can improve contracting outcomes without the involvement of courts.
                                                      
 
                                              Product details
ISBN
                    
            9781009001397
      
                  Published
                     2021-11-18 
                  Publisher
                    Cambridge University Press
                  Weight
                     100 gr
                  Height
                     229 mm
                  Width
                     151 mm
                  Thickness
                     4 mm
                  Age
                     G, 01
                  Language
                    
  Product language
              Engelsk
          Format
                    
  Product format
              Heftet
          Number of pages
                     75