LS 145 Disc_Week 10_Handout_Solved (1)
.pdf
keyboard_arrow_up
School
University of California, Berkeley *
*We aren’t endorsed by this school
Course
145
Subject
Management
Date
Feb 20, 2024
Type
Pages
10
Uploaded by HighnessMagpiePerson1028
LS 145 Discussion Section, Fall 2023, Week 10 Quizzes 12, 13 Review GSI: Cristina Violante 1 Default Rules
Consider the following scenario: Andrea wants to buy Bethany’s used laptop, but there is a risk that it could be defective. A would like for B to issue a warranty. B is hesitant to bring the question of a warranty into the negotiation. •
Negotiating a warranty will cost the parties $20
in transaction costs. •
Should the laptop be defective, the dispute will cost $400
to fix. •
The probability of a defect is 3%
. 1.
Does it pay for Andrea to ask Bethany for a warranty? No. The expected monetary loss ($12) is less than the transaction costs that would be required to negotiate the warranty ($20). We know that the expected monetary loss is $12 because: EML = p
1
O
1
(+ p
2
O
2 + p
3
O
3
+ p
4
O
4
… ) EML = .03 * $400 EML = $12 2.
If the transaction costs were only $10, would it pay off to deliberately leave a gap in the contract? No, now it no longer makes sense to leave a gap in the contract, because the transaction costs to negotiate the warranty are less than the expected monetary loss (EML is still $12). The parties should determine this term of the contract ex ante
. Remember, when determining whether to leave a gap in the contract, refer to this rule: If allocating a risk > allocating a loss * its probability (EMV), then leave the contractual gap. If allocating a risk ≤ allocating a loss * its probability (EMV), then fill the contractual gap. 3.
If the probability of a defect is 5%, as opposed to 3%, does it pay for A to ask for a warranty? Yes, Andrea should ask for a warranty. EML is now $20 (.05 * $400). As long as transaction costs are less than or equal to $20, it is worth filling this contractual gap and getting the warranty.
LS 145 Discussion Section, Fall 2023, Week 10 Quizzes 12, 13 Review GSI: Cristina Violante 2 Now, further assume that: •
Andrea would be willing to pay up to $75 for Bethany’s warranty. •
Bethany would sell the warranty to Andrea for at least $25. •
The law has a default rule of caveat emptor, or “as is,” so, without the warranty, Bethany is not liable if there is a defect. 4.
If transaction costs are still $20, does it pay to negotiate the allocation of the loss (i.e., to “contract around” the default “as is” rule through the use of a warranty)? Yes, even with $20 in transaction costs, the parties save $50 in risk bearing costs ($75-$25) through negotiating the allocation of the loss in advance. 5.
What is the net surplus value generated by the warranty agreement between A and B? The parties save $50 in risk bearing costs (A’s risk premium – B’s risk premium = $75 – $25 = $50). Net surplus = Value generated – Transaction costs Net surplus = $50 – $20 Net surplus = $30 6.
What if the default rule was latent defect, instead of “as is?” Would any surplus value be generated, and, if so, how much? Yes, surplus value would be generated. Because the default rule is latent defect, the liability now lies with the superior risk bearer, Bethany, instead of with the inferior risk bearer, Andrea. The parties no longer have to negotiate the allocation of the risk in advance, so they save the transaction costs required to do so ($20). Now, continue to assume a latent defect rule, but also assume that transaction costs are now zero. Per the latent defect rule, B will have to pay damages to A if the laptop contains a defect that could not have been discovered by a reasonably thorough inspection before the sale. 7.
By how much would Bethany have to reduce the price of the laptop so that Andrea would sign a release to free Bethany from liability for defects? We learned above that A’s risk premium is $75, because that is how much that A was willing to pay for a warranty from B when the default rule was “as is.” This means that Andrea is indifferent between (1) losing $75 and not bearing the risk, and (2) having $75 and bearing the risk. Now that the default rule is the opposite (“latent defect” instead of “as is”), we can say that Andrea would require at least $75 to bear the risk associated with the laptop. Before, she was
LS 145 Discussion Section, Fall 2023, Week 10 Quizzes 12, 13 Review GSI: Cristina Violante 3 willing to pay up to $75 to get rid of the risk, so now she would need at least $75 to be incentivized to bear it. Bethany needs to reduce the price of the laptop by $75 to get Andrea to sign the release. 8.
What is the maximum discount that Bethany is willing to give to incentivize Andrea to sign the release? We learned above that Bethany’s risk premium is $25. This means that she is indifferent between (1) receiving $25 and bearing the risk, and (2) not receiving $25 and not bearing the risk. When the default rule was “as is,” this meant that Bethany was willing to bear the risk for at least $25. Now that the default rule is the opposite, “latent defect,” Bethany will not offer anything more than $25 to incentivize Andrea to release her from liability. The maximum discount B will offer is $25. 9.
Will the parties be able to negotiate a signing of the release? No. Andrea needs a discount of at least $75 to be incentivized to sign, but Bethany is only willing to offer a discount of up to $25.
LS 145 Discussion Section, Fall 2023, Week 10 Quizzes 12, 13 Review GSI: Cristina Violante 4 Remedies – Seller’s Breach
Remember the following three kinds of damages: Expectation damages Leaves injured party indifferent between performance and breach Actual loss + expected profit Reliance damages Leaves injured party indifferent between no contract and breach Actual loss Opportunity costs damages Leave injured party indifferent between breach and performance of the best alternative contract Actual loss + expected profit under the second-best alternative contract Consider the following scenario: •
Jane promises to sell a table to Stacy for $25, to be paid upon delivery. •
In anticipation of having Jane’s table, Stacy contracts to refurbish the table and then sell it to Derek for $30. •
Jane breaches. •
To avoid defaulting on the contract with Derek, Stacy buys a different table for $35 to refurbish. •
Stacy sues Jane. 1.
What are Stacy’s expected profits? $30 - $25 = $5 in expected profit 2.
What are Stacy’s actual losses? $35 for different table - $30 for refurbished table = $5 3.
What are Stacy’s expectation damages? Expectation damages = Actual loss + Expected profit Expectation damages = $5 + $5 Expectation damages = $10 4.
What are Stacy’s reliance damages? Reliance damages = Actual loss = $5
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Related Questions
The duty of restoration is to protect adults that enter into contracts with children.
Question 21 options:
True
False
Minors are liable on certain contracts that are seen as necessaries of life...ie a contract for health insurance.
Question 22 options:
True
False
Consideration requires a bargained for exchange of value from both parties.
Question 23 options:
True
False
There does not need to be any exchange of words for there to be an implied contract.
Question 24 options:
True
False
When an illegal contract is executed upon, the court normally will leave the parties where it finds them even if partial performance has occurred.
Question 25 options:
True
False
arrow_forward
Question 16
What a party said when entering into a contract is a subjectíve fact.
True
False
Question 17
Iggy and Jen sign a contract by which Iggy agrees to deliver and install a gas fireplace on October 15 in exchange for
Jen's promise to pay the $500 price within ten days of the install date. The delivery and installation of the fireplace and
the payment of the price are examples of
conditions precedent.
concurrent conditions.
O conditions subsequent.
O implied conditions.
arrow_forward
There does not need to be any exchange of words for there to be an implied contract.
Question 24 options:
True
False
When an illegal contract is executed upon, the court normally will leave the parties where it finds them even if partial performance has occurred.
Question 25 options:
True
False
A person who has injested drugs or alcohol will automatically have the choice to make void any contract entered into while under the influence.
Question 6 options:
True
False
arrow_forward
A person who has injested drugs or alcohol will automatically have the choice to make void any contract entered into while under the influence.
Question 6 options:
True
False
Consideration could be a party's willingness to refrain from doing an illegal act.
Question 7 options:
True
False
Internet service providers are protected from liability (contractual or otherwise) for any and all content transmitted over their networks.
Question 8 options:
True
False
There is no single definition of what constitutes an unconscionable contract which courts will refuse to enforce.
Question 9 options:
True
False
A contract entered with a minor is a void contract.
Question 10 options:
True
False
arrow_forward
Acceptance to an offer must be done expressly by stating your acceptance to the offer.
Question 1 options:
True
False
Quasi contract is recognized as occurring under order of a court due to concerns of unjust enrichment.
Question 2 options:
True
False
A preexisting duty to do something may be sufficient consideration for a contract to exist.
Question 3 options:
True
False
Contracts of adhesion, where a consumer has no ability to negotiate, is an unconscionable contract.
Question 4 options:
True
False
An exculpatory contract that releases the other from liability is always illegal.
Question 5 options:
True
False
A person who has injested drugs or alcohol will automatically have the choice to make void any contract entered into while under the influence.
Question 6 options:
True
False
Consideration could be a party's willingness to refrain from doing an illegal act.
Question 7 options:…
arrow_forward
Copyright © by Co-Bus Software, inc Copying, distributing, or Sid party wete posting expressly prohibited and constates copyrighvation
the world's highest in Europe-Africa in Years 11-15, but is the highest in the world in the Asia
Pacific region in Years 16-20.
O highest in North America and Europe-Africa during the Year 11-15 period but is highest in the
Asia-Pacific and Latin America regions during Years 16-20.
O higher in the Asia-Pacific and Latin America regions than in the North America and Europe-
Africa regions in Years 11-15; the same is true in Years 16-20.
O 12-14% annually in all 4 regions during the Year 11-Year 15 period and 10-12% annually in all
4 regions during the Year 16-Year 20 period.
O 10-12% annually in all four regions during Years 11-15.
3
6655
arrow_forward
QUESTION 8
Failure on the part of the creditor to perform on time due to his own fault results in a form of breach of contract known as
O a. Mora creditoris/default of the creditor
Ob. positive mal-performance
OC. rendering performance impossible/prevention of performance
Od. repudiation
e. Mora debitoris/default of the debtor
Click Save and Submit to sme and subrir Chet save la
allanstwers.
Search for anything
FUITSU
EGO
ECO
F10
arrow_forward
The fraud-on-the-market theory creates a presumption of securities fraud based on plaintiff's reliance on defendant company's misrepresentations which affected the market price of the company's shares.
Question 20 options:
True
False
arrow_forward
A prenuptial contract must be in writing.
Question 16 options:
True
False
Some offers will never expire unless expressly withdrawn by the offeror.
Question 17 options:
True
False
The Statute of Frauds covers contracts that require performance within 6 months or longer of execution.
Question 18 options:
True
A guaranty type contract, where a 3rd party guarantees the payment for another, must be in writing.
Question 19 options:
True
False
Consideration has to be a negotiated benefit or detriment to both Parties to be valid support of the contract.
Question 20 options:
True
False
The duty of restoration is to protect adults that enter into contracts with children.
arrow_forward
Q.3.1 Using an example, explain the meaning of ‘proxy.’
Q.3.3 Sipho Pretorius, a former director of Southern Airlines, was declared a delinquentdirector by the High Court. Explain the effect of such a declaration of delinquency.
arrow_forward
Q20
arrow_forward
QUESTION 15
Jim. Jim is able to sel the chairs to another buyer, John for a lesser amount because of the falling market. If Jim then sues George for damage, which of the folowing
generally cannot
be recovered?
Oa Punitive damages to punish intantional contract breaches.
Ob incidental damages associate with a breach of contract, such as the cost of resale.
Oc Compensatory damages to put Jim in the same position he would have been but for the breach by George, measured by the difference between the contract
price with George and the amount paid by John.
Od Consequential damages if Jim can prove lost opportunity cost suffered as a result of the breach, such as lost opportunity costs for lost profits, etc, if such
damages were foreseeable by George at the time the contract was made.
arrow_forward
QUESTION 44
Which of the following represents the basic distinction between a bilateral contract and a unilateral contract
a. The rights under a bilateral contract are assignable, whereas rights under a unilateral contract are not assignable.
b. Only one promise is involved ifthe contract is unilateral but two promises if the contract is bilateral.
c. Specific performance is available if the contract is unilateral whereas it is not if the contract is bilateral.
d. The Statue of Frauds applies to a bilateral contract but not to a unilateral contract.
arrow_forward
9. In many countries, a computer-scanned image of a signed contract is legal.
True
False
arrow_forward
Question 4
A ruling in a tort case that is designed to compensate a plaintiff for their loss is known as:
Punitive
Locked Out
Locked In
Compensatory
5.A ruling in a tort case that is designed to compensate a plaintiff for their loss is known as:
Negotiation
Arbitration
Mediation
Retaliation
arrow_forward
Question 11 options:
True
False
In order to agree to an offer, the offeree must know of the offer.
Question 12 options:
True
False
An advertisement is an offer for a sale of an item by express contract.
Question 13 options:
True
False
Any modifications to the offer by the offeree, modifies the offer and makes it a counter offer.
Question 14 options:
True
False
Uniform Commercial Code covers contracts relevant to sale or lease of goods.
Question 15 options:
True
False
arrow_forward
A quasi contract:
Question 3 options:
A)
is a fictional contract.
B)
may be considered an obligation imposed by law where there has been no express agreement.
C)
is based upon equitable principles.
D)
None of the selections are true.
E)
All of the selections are true.
arrow_forward
Question 6 options:
True
False
Consideration could be a party's willingness to refrain from doing an illegal act.
Question 7 options:
True
False
Internet service providers are protected from liability (contractual or otherwise) for any and all content transmitted over their networks.
Question 8 options:
True
False
There is no single definition of what constitutes an unconscionable contract which courts will refuse to enforce.
Question 9 options:
True
False
A contract entered with a minor is a void contract.
Question 10 options:
True
False
arrow_forward
Question#2
A) Differentiate between Contract Vs Agreement
B) Differentiate between Civil Vs Criminal Law
C) Draw a chart of different types of contract in details.
Note:- Donot Copy paste from internet Sources, it will be better if you write in your own words
arrow_forward
Michael Jordan specially orders a 10 foot mattress from Sleepy's without a written agreement. This
contract is not enforceable. 3. Explain your answer to question 2.
arrow_forward
Q5b) Please provide detail write up for the following business law question
Dudu has purchased some wooden utensils from Lodo. However, he discovers some crackson the utensils after few days of usage. Advise Dudu as to whether he is entitled to anyrefund from Lodo.
arrow_forward
Question 3
Buyer and seller enter into a clear contract. The buyer refuses to purchase for a reason not excused by a contingency. Which statement is correct?
A - The seller is entitled to damages the buyer caused, which are taken from either the earnest money deposit or the 20% down payment.
B - The original buyer gets the earnest money deposit back as soon as there is a new offer.
C - The seller has the right to terminate the contract and keep the earnest money deposit.
D - The seller has the right to keep 20% of the down payment on property.
arrow_forward
QUESTION 19
An apprenticeship contract is one whereby a firm owner undertakes to provide full vocational training to another person who has completed at
least:
O a. 14 years of age
O b. 16 years of age
O c. 18 years of age
Od. 12 years of age
QUESTION 20
Which of the following clauses is not included in the (MOA) of a company?
Oa Capital clause
Ob. Object clause
c. Registered office clause
d. General meetings clause
QUESTION 21
The minimum amount of capital for an LLC is 5 million AED. ( )
True
False
QUESTION 22
Which of the following clauses is included in the (AOA) of a company?
O a Capital clause
b.Object clause
c. Registered office clause-
Od. General meetings clause
arrow_forward
QUESTION 1
You have been consulted by Marie who is an Australian resident adult individual taxpayer entity and a real estate agent employed by Adelaide property firm Supreme Properties. Her employment duties involve selling homes on behalf of clients, including conducting open inspections of those homes.
Marie moved to Adelaide from Sydney, New South Wales, at the beginning of July 2022 after the breakdown of her marriage. She has custody of their two children, Harry aged 4 years and Larry aged 2 years, who Marie places in child care during some week days and on weekends while she works.
During the income year ended 30 June 2023, Marie received and derived the following:
(1) Wages totalling $100,000 and commissions of $20,000 that Marie received from her employer Supreme Properties. The commissions were received by Marie on 15 June 2023 and were calculated as a percentage of the total value of properties sold by her during the year, and were paid as an incentive to employees of the…
arrow_forward
SEE MORE QUESTIONS
Recommended textbooks for you
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON
Related Questions
- The duty of restoration is to protect adults that enter into contracts with children. Question 21 options: True False Minors are liable on certain contracts that are seen as necessaries of life...ie a contract for health insurance. Question 22 options: True False Consideration requires a bargained for exchange of value from both parties. Question 23 options: True False There does not need to be any exchange of words for there to be an implied contract. Question 24 options: True False When an illegal contract is executed upon, the court normally will leave the parties where it finds them even if partial performance has occurred. Question 25 options: True Falsearrow_forwardQuestion 16 What a party said when entering into a contract is a subjectíve fact. True False Question 17 Iggy and Jen sign a contract by which Iggy agrees to deliver and install a gas fireplace on October 15 in exchange for Jen's promise to pay the $500 price within ten days of the install date. The delivery and installation of the fireplace and the payment of the price are examples of conditions precedent. concurrent conditions. O conditions subsequent. O implied conditions.arrow_forwardThere does not need to be any exchange of words for there to be an implied contract. Question 24 options: True False When an illegal contract is executed upon, the court normally will leave the parties where it finds them even if partial performance has occurred. Question 25 options: True False A person who has injested drugs or alcohol will automatically have the choice to make void any contract entered into while under the influence. Question 6 options: True Falsearrow_forward
- A person who has injested drugs or alcohol will automatically have the choice to make void any contract entered into while under the influence. Question 6 options: True False Consideration could be a party's willingness to refrain from doing an illegal act. Question 7 options: True False Internet service providers are protected from liability (contractual or otherwise) for any and all content transmitted over their networks. Question 8 options: True False There is no single definition of what constitutes an unconscionable contract which courts will refuse to enforce. Question 9 options: True False A contract entered with a minor is a void contract. Question 10 options: True Falsearrow_forwardAcceptance to an offer must be done expressly by stating your acceptance to the offer. Question 1 options: True False Quasi contract is recognized as occurring under order of a court due to concerns of unjust enrichment. Question 2 options: True False A preexisting duty to do something may be sufficient consideration for a contract to exist. Question 3 options: True False Contracts of adhesion, where a consumer has no ability to negotiate, is an unconscionable contract. Question 4 options: True False An exculpatory contract that releases the other from liability is always illegal. Question 5 options: True False A person who has injested drugs or alcohol will automatically have the choice to make void any contract entered into while under the influence. Question 6 options: True False Consideration could be a party's willingness to refrain from doing an illegal act. Question 7 options:…arrow_forwardCopyright © by Co-Bus Software, inc Copying, distributing, or Sid party wete posting expressly prohibited and constates copyrighvation the world's highest in Europe-Africa in Years 11-15, but is the highest in the world in the Asia Pacific region in Years 16-20. O highest in North America and Europe-Africa during the Year 11-15 period but is highest in the Asia-Pacific and Latin America regions during Years 16-20. O higher in the Asia-Pacific and Latin America regions than in the North America and Europe- Africa regions in Years 11-15; the same is true in Years 16-20. O 12-14% annually in all 4 regions during the Year 11-Year 15 period and 10-12% annually in all 4 regions during the Year 16-Year 20 period. O 10-12% annually in all four regions during Years 11-15. 3 6655arrow_forward
- QUESTION 8 Failure on the part of the creditor to perform on time due to his own fault results in a form of breach of contract known as O a. Mora creditoris/default of the creditor Ob. positive mal-performance OC. rendering performance impossible/prevention of performance Od. repudiation e. Mora debitoris/default of the debtor Click Save and Submit to sme and subrir Chet save la allanstwers. Search for anything FUITSU EGO ECO F10arrow_forwardThe fraud-on-the-market theory creates a presumption of securities fraud based on plaintiff's reliance on defendant company's misrepresentations which affected the market price of the company's shares. Question 20 options: True Falsearrow_forwardA prenuptial contract must be in writing. Question 16 options: True False Some offers will never expire unless expressly withdrawn by the offeror. Question 17 options: True False The Statute of Frauds covers contracts that require performance within 6 months or longer of execution. Question 18 options: True A guaranty type contract, where a 3rd party guarantees the payment for another, must be in writing. Question 19 options: True False Consideration has to be a negotiated benefit or detriment to both Parties to be valid support of the contract. Question 20 options: True False The duty of restoration is to protect adults that enter into contracts with children.arrow_forward
- Q.3.1 Using an example, explain the meaning of ‘proxy.’ Q.3.3 Sipho Pretorius, a former director of Southern Airlines, was declared a delinquentdirector by the High Court. Explain the effect of such a declaration of delinquency.arrow_forwardQ20arrow_forwardQUESTION 15 Jim. Jim is able to sel the chairs to another buyer, John for a lesser amount because of the falling market. If Jim then sues George for damage, which of the folowing generally cannot be recovered? Oa Punitive damages to punish intantional contract breaches. Ob incidental damages associate with a breach of contract, such as the cost of resale. Oc Compensatory damages to put Jim in the same position he would have been but for the breach by George, measured by the difference between the contract price with George and the amount paid by John. Od Consequential damages if Jim can prove lost opportunity cost suffered as a result of the breach, such as lost opportunity costs for lost profits, etc, if such damages were foreseeable by George at the time the contract was made.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON