@techreport{NBERw4915, title = "Cadillac Contracts and Up-Front Payments: Efficient Investment Under Expectation Damages", author = "Aaron S. Edlin", institution = "National Bureau of Economic Research", type = "Working Paper", series = "Working Paper Series", number = "4915", year = "1994", month = "November", URL = "http://www.nber.org/papers/w4915", abstract = {This paper shows that up-front payments can play a crucial role in providing efficient investment incentives when contracts are incomplete. They can eliminate the overinvestment effect identified by Rogerson [1984] and Shavell [1980] when courts use an expectation damage remedy. This method extends to complex contracting situations if parties combine up-front payments with what we call 'Cadillac' contracts (contracts for a very high quality or quantity). This combination provides efficient investment incentives in complex contracting problems when an expectation damage remedy is accompanied by a broad duty to mitigate damages. This indicates that an expectation remedy is well-suited to multidimensional, but one-sided, investment problems, in contrast to specific performance, which Edlin and Reichelstein [1993] showed is well-suited to two-sided, but unidimensional, investment problems.}, }