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Contracts

Authors
  • avatar
    Name
    Yunho Kim
    Twitter
  • In this article we discuss about the notion of contract, which requires understanding of Nash Equilibrium. If you are not familier with nash equiilbrium, please refer to this article.

Contracts

  • Contract is an agreement about behavior that is intended to be enforced. Contracts are intended to be executed, but might not always be excecuted.

  • The following is one example of procedure that contracts can be enforced.

  1. Players form a contract.
  2. They play the underlying game (called production).
  3. An external enforcer (court, arbitrator, etc. ) observes the outcome of the underlying game and compels transfers.
  • There are two types of enforcement : self-enforcement and external enforcement.

  • Self enforcement is when the nash equilibrium is already the desired result. For an example, there is the pareto coordination game.

AB
A2, 20, 0
B0, 01, 1
  • In this case, if players talk to each other to choose A, that contract will be executed without and external enforcement.

  • In contrast, external enforcement is when external entity has to compel in order to make players play the desired strategy.

Example : production game

  • The underlying game is,
IN
Iz1,z2z_1, z_2y1,x2y_1, x_2
Nx1,y2x_1, y_21, 1
  • I indicates invest, and N indicates not invest. The situation where both are investing is the desired result, but players might devicate from this strategy profile.
  • Assume that I, I is the most efficient outcome. So, following conditions must be true.
z1+z2>y1+x2z_1 + z_2 > y_1 + x_2 z1+z2>x1+y2z_1 + z_2 > x_1 + y_2
  • In this case, assume that individuals have incentive to deviate from intended strategy (I, I). We can make a contract here like below.
IN
Iz1,z2z_1, z_2y1+β,x2βy_1 + \beta, x_2 - \beta
Nx1+α,y2αx_1 + \alpha, y_2 - \alphaγ,γ\gamma, -\gamma
  • Note that α,β,γR\alpha, \beta, \gamma \in R. i.e. they can also be negative numbers.

  • For the contract to be enforced, it should make playing I be benifical than playing N for both players.

z1x1+αz_1 \geq x_1 + \alpha z2x+2βz_2 \geq x+2 - \beta
  • Contract obeying the conditions above can be enforced.

Two important issues:

  1. Trying to achieve and "efficient outcome", the payoffs must be transferable.
  2. Verifiability constrants : The external enforcer may not be able to verify exactly what happened in the underlying game.
  • Full verifiability: A setting in which the external enforcer (e.g. the court) is able to perfectly differentiate between all of the different outcomes of the underlying game.

  • Limited verifiability: A setting in which the external enforcer is NOT able to perfectly differentiate between all of the different outcomes of the underlying game.

Example

IN
I8,88, 84,4-4, 4
N10,210, -20,00, 0
  • The efficient outcome is when (I, I) is played, but unfortunately (I, I) is not the nash equilibrium.
  • Assume there is limited verifiability.
IN
I8,88, 84+α,4α-4 + \alpha, 4 - \alpha
N10+α,2α10 + \alpha, -2 - \alpha0+α,0α0 + \alpha, 0 - \alpha
  • For (I, I) to be the nash equilibrium, two conditions must be satisfied.

810+αα28 \geq 10 + \alpha \Rightarrow \alpha \leq -2

84αα48 \geq 4 - \alpha \Rightarrow \alpha \geq -4

  • There are many α\alpha satisfing both conditions, for example α=3\alpha = -3. But in other cases, there might be no α\alpha that satisfies both conditions.

Contracting with Court-Imposed Breach Remedies

  • The parties specify just how they want to coordinate in the underlying game. If a breach occurs, the external enforcer compels a transfer according to a legal rule. Three common ones:
  1. Expectation damages : make the plaintiff (harmed party) as well off as he/she would have been had no breach occurred.

  2. Reliance damages : return the plaintiff to a payoff that would have occurred with no contract (zero).

  3. Restitution damages : return the defendant (offending party) to a payoff that would have occurred with no contract (zero).