Citation

The Specifics of Performance: An Empirical Study of Specific Performance Decrees

Abstract | Word Stems | Keywords | Association | Citation | Similar Titles



Abstract:

Contracts are breached every day, oftentimes leaving bitter feelings between the parties. The law aims to rectify the wrong of the breach by offering a few remedies. One of those remedies, and the focus of attention of this paper, is the remedy of specific performance. Under many systems of law specific performance is the default remedy for breach.
Much ink has been spilt in the theoretical analysis of this remedy. Some try to justify it in deontological terms while others push for and against it from the perspective of economic efficiency. However important those views are, they lack – and usually admit so – empirical data.
Through the paradigm of law in action this research aims to take a fresh look into the ways contracts are preformed after litigation. The research is built on a two-tiered analysis: first, a comprehensive content analysis of court cases reveals the characteristics of judgments awarding specific performance. Second, a set of interviews with parties after litigation explores the obstacles and hurdles parties face in achieving performance of the court order.
Some of the economic analyses suggest that the parties will bargain around the court order rather than perform it. The interviews provide data on the frequency of such bargains and when those fail, on the frequency and quality of the performance of the court orders. The latter question offers a look into the under-explored scenarios where failure to negotiate results in (coerced) cooperation. The research aims at evaluating the problematic nature of semi non-consensual co-operations.
Convention
Submission, Review, and Scheduling! All Academic Convention can help with all of your abstract management needs and many more. Contact us today for a quote!
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

Association:
Name: The Law and Society Association
URL:
http://www.lawandsociety.org


Citation:
URL: http://citation.allacademic.com/meta/p303893_index.html
Direct Link:
HTML Code:

MLA Citation:

Arbel, Yonatan. "The Specifics of Performance: An Empirical Study of Specific Performance Decrees" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2014-11-29 <http://citation.allacademic.com/meta/p303893_index.html>

APA Citation:

Arbel, Y. , 2009-05-25 "The Specifics of Performance: An Empirical Study of Specific Performance Decrees" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado <Not Available>. 2014-11-29 from http://citation.allacademic.com/meta/p303893_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Contracts are breached every day, oftentimes leaving bitter feelings between the parties. The law aims to rectify the wrong of the breach by offering a few remedies. One of those remedies, and the focus of attention of this paper, is the remedy of specific performance. Under many systems of law specific performance is the default remedy for breach.
Much ink has been spilt in the theoretical analysis of this remedy. Some try to justify it in deontological terms while others push for and against it from the perspective of economic efficiency. However important those views are, they lack – and usually admit so – empirical data.
Through the paradigm of law in action this research aims to take a fresh look into the ways contracts are preformed after litigation. The research is built on a two-tiered analysis: first, a comprehensive content analysis of court cases reveals the characteristics of judgments awarding specific performance. Second, a set of interviews with parties after litigation explores the obstacles and hurdles parties face in achieving performance of the court order.
Some of the economic analyses suggest that the parties will bargain around the court order rather than perform it. The interviews provide data on the frequency of such bargains and when those fail, on the frequency and quality of the performance of the court orders. The latter question offers a look into the under-explored scenarios where failure to negotiate results in (coerced) cooperation. The research aims at evaluating the problematic nature of semi non-consensual co-operations.


Similar Titles:
An Inventory and Critique of Performance Measures Used in Empirical Research in Public Management and Policy Studies

Collective action problems in gated communities: an empirical study of the performance of institutions for collective decision making.

What I Like About You: A Study of the Specific Aspects of the President's Persona that Lead to Approval of his Job Performance

Empirical Study of the Academic Performance of Chinese Universities before and after 985 Project


 
All Academic, Inc. is your premier source for research and conference management. Visit our website, www.allacademic.com, to see how we can help you today.