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Binding and Non-Binding Contracts: A Theoretical Appraisal

  • Elena D’Agostino und Maurizio Lisciandra ORCID logo EMAIL logo
Veröffentlicht/Copyright: 17. Oktober 2017
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Abstract

The article investigates the equilibrium conditions in the choice between legally binding contracts, which are costly to verify and enforce, and non-binding contracts, which simply rely on trust as an enforcement mechanism, in both one-shot and repeated interactions. The returns to effort appear to have an important effect on reputational behavior. The theoretical investigation is accompanied by numerical simulations of the welfare impact of the introduction of a legal system that allows for binding contracts. We find that contract-enforcing institutions mainly produce benefits when effort is particularly valuable, but turn out to be less effective otherwise and even detrimental for a subset of parameters. Finally, reputation unleashes its welfare-enhancing properties especially if non-binding agreements take place when the counterparty’s reliability is very unpredictable.

JEL Classification: C70; D02; D03; D86; K12

Acknowledgements:

Both authors contributed equally to each section of the article. The authors are thankful for comments by Oliver Gürtler, Georg von Wangenheim, and the seminar participants at the Italian Economic Association Meeting in Matera, the Italian Society of Law and Economics Meeting in Lugano, and the INFER 2014 Annual Conference in Pescara. The usual disclaimer applies.

Proof

[Proposition 1] In a separating equilibrium, S would be able to infer B’s type by the signal (viz., the contract) she sends. Suppose a separating equilibrium exists such that UHNBUPBUSNB. offers an UHNB=y(eNB)pNBy(eNB)=USNB contract and pNB\gt0 offers a S contract. The following condition should hold:

(1)B

Transitivity implies that NB. By assumption, however, H, thus, B, which contradicts condition (1). Thus, S would profitably deviate from a NB contract by proposing an A contract. Now suppose that a separating equilibrium exists such that S offers a NB contract and S offers an B contract. NB knows that H never fulfills the promise, so he will reject any offer of an NB contract. Thus, λpNB would profitably offer a λ(0,1) contract. The same reasoning excludes any separating equilibrium for the two types of principal offering an A contract with different levels of price and/or effort.

Suppose that S proposes an NB contract by paying an installment H with S before that H supplies the required effort, in order to signal her type and discourage S to propose an NB contract. A will eventually pay the price promised, whereas y(eNB)pNB\gty(eB)(1+c)pB\gty(eNB)λpNB. would lose the installment if she wants to signal to be an -type. Therefore, the signal is credible if it is sufficiently high to discourage λ\lt1 from proposing an P contract in equilibrium and paying the installment. Assume that B will provide the effort requested after having received the installment, then the following condition must hold:

2A

This condition never holds Bp12e2..

Proof

[Proposition 2] Consider an equilibrium where both types of P offer a P contract. UPB will accept a e contract if it satisfies his participation constraint:

(3)eB=β1+c12β

pB=12β1+c22β

has full bargaining power, so that substituting eq. (3) holding as an equality into UPB=2β2β1+cβ2βand UAB=0.’s utility function, NB, and maximizing with respect to A, we obtain S and P.

Thus, players’ utility will be:

B

This equilibrium exists because any deviation to an B contract is always rejected by A since he would believe that this deviation would come from type B. NB cannot also profitably deviate to any other S contract because she would get a lower payoff. Thus, the P equilibrium is always utility-maximizing. Hence, the following strategy combination and beliefs form a perfect Bayesian equilibrium in pure strategies:

  1. B accepts any pB,eB contract satisfying condition (3), and rejects any P contract believing that comes from NB;

  2. A offers the utility-maximizing NB contract (p12αe2.).

Consider now an equilibrium where both types of H offer a B contract. S will accept the H contract if and only if:

(4)UHNB

Since UHNB=eβ12αe2\gt2β2β1+cβ2β=UPB., according to Proposition (1) if e,p(e) has no incentive to deviate to a NB contract, then it must also be true for NB. Therefore, substituting (4) as an equality into NB’s utility function, eNB,pNB, we can exclude that such a deviation is profitable if and only if:

(5)UHNB

Any couple (eNB=(αβ)12β) satisfying condition (5) is an equilibrium because no deviation to another pNB=12αβ2ββ22β contract can occur. This class of S equilibria is non-empty if and only if condition (5) is satisfied at least for the UHNB=2β2αββ2β, USNB=αββ2βand UANB=0. contract (UHNB) that maximizes NB. This utility-maximizing equilibrium exists with α\gt11+c=α_ and α\gtα_. Thus, since A will always renege on her promise, players’ utility will be:

(6)NB

Finally, substituting H from eq. (6) into condition (5), we find that the class of equilibria in α contracts is non-empty if and only if NB.

Hence, if S, the following strategy combination and beliefs form a perfect Bayesian equilibrium in pure strategies:

  1. A accepts any B contract satisfying condition (4), believing that it comes from P with probability NB, and rejects any other H contract believing that it comes from B. pB,eB would also accept every FB contract satisfying condition (3).

  2. A offers an P contract satisfying condition (4) and condition (5) that is fulfilled only by P, or the FB contract (A).

Proof

[Lemma 1] Suppose that a non-maximizing FB contract is proposed in equilibrium in a certain period α=1. UHNB is sure to be paid because any e would fulfill the contract. Nevertheless, S can profitably deviate to offering the utility-maximizing t contract, which t=T would be willing to accept. The utility-maximizing B equilibrium can be easily derived from Proposition 2 substituting t+1 into P and maximizing with respect to T.

Proof

[Lemma 2] The proofs of both parts (a) and (b) follow straightforward from the fact that α(0,1) has no interest to maintain reputation in period B if pB,eB, or if a NB contract is offered from period FB onwards.

Proof

[Proposition 3] This proof is provided by taking into account exclusively the αα_’s utility-maximizing contracts as defined in Corollary 1 and Lemma 1.

(a) Consider a backward induction procedure. Starting from period P, regardless of the value of NB, consider the αα_ equilibrium (UHNBUHB). As shown in Proposition 2 and Lemma 2, no deviation to the A or NB contracts occurs. The same reasoning applies to all periods S. We now prove that this equilibrium is unique if B. Consider then a putative equilibrium, where T proposes an T1 contract. If S then A, thus NB would reject an FB contract because it would only come from αα_. Consequently, only the t contract applies in A. Consider now period B. Due to Lemma 2, pB,eB will always renege on her promise, therefore NB would refuse the FB or S contracts. A similar reasoning applies to all P. Thus, the equilibrium is unique.

Hence, if B the following strategy combination and beliefs form a perfect Bayesian equilibrium in pure strategies. In every period pB,eB:

  1. FB accepts the t\ltT contract (NB) and rejects the NB or A contracts believing that come from B;

  2. S offers the α>α_ contract (S).

(b) Consider the equilibrium where the FB contract is offered in each period until t+1 and the S contract is offered thereafter. Since breaking an FB contract would be punished by t by accepting only tUPFB+(Tt1)UPNB+USNB\gt(t1)UPFB+USFB+(Tt)UPB. contracts, then from Proposition 2α has no profitable deviation to breaking the contract in any period because β2+2β2(Tt)11+cβ2β2β2(Tt1)+12ββ\ltα\ltβ2+2β2(Tt1)11+cβ2β2β2(Tt2)+12ββ\lt1..

Then, two conditions must hold. First, t has a profitable deviation to breaking the T2 contract in t=1. Second, αβ2+2β2(T1)11+cβ2β2β2(T2)+12ββ. has no profitable deviation to breaking the t=T1 contract in A. Thus, it must be

(7)FB

and

(8)S

Conditions (7) and (8) hold contemporaneously if FB falls in the following interval:

(9)t=T1

The endpoints of the interval are increasing in β2+2β211+cβ2β2ββ\ltα\lt1. and t=T2 intervals exist with the lower endpoint for T1 equal to:

α>α

Finally, if α, condition (7) does not apply because in no circumstance does t accept the α\ltα\lt1 contract in the last period due to Lemma 2. Condition (8) applies, meaning that 1 should have no profitable deviation to breaking the FB contract in α\gtα. Therefore, condition (8) holds if:

tt

As expected, the lower endpoint of this interval is equal to the upper endpoint of the interval in condition (9) when A. It follows that FB equilibria exist as pFB,eFB, with B monotone and increasing in pB,eB, and each equilibrium corresponds to different intervals of NB, which do not intersect with each other.[27]

Hence, if FB the following strategy combination and beliefs form a perfect Bayesian equilibrium in pure strategies.

In every period pFB,eFB:

  1. t\gtt accepts the A contract (NB) or the pNB,eNB contract (B), and rejects the pB,eB contract believing that it comes from FB;

  2. S offers and fulfils the P contract (NB).

In every period pNB,eNB:

  1. S accepts the T contract (α_\ltαα) or the t contract (FB), and rejects the NB contract believing that it comes from α\gtα_.

  2. P offers the B contract (NB) and fulfils it except for type NB in period A.

(c) If B then no S exists satisfying condition (8); thus, the T contract is never offered in equilibrium, but the NB equilibrium is still feasible. From Proposition 2, the inequality α_\ltαα implies that t has no profitable deviation to the A contract nor to another NB contract. Finally, since any breaking of the pNB,eNB contract would be punished by B by accepting only pB,eB contracts, it is easy to show that FB has no profitable deviation to breaking the contract in any period but S (see Lemma 2). Consequently, there exists an equilibrium in which the P contract applies in each period.

Hence, if NB the following strategy combination and beliefs form a perfect Bayesian equilibrium in pure strategies.

In every period pNB,eNB:

  1. S accepts the T contract (pNB,eNB) or the B contract (pB,eB), and rejects the FB contract believing that it comes from S.

  2. P offers the NB contract (pNB,eNB) and fulfils it except except for type S in period T.

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Published Online: 2017-10-17

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