Opportunism and contracts

N°21b – Synthèse (8 p.) – Negotiation
Opportunism and contracts
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Assymetrical information, exploitative use of warranties, conflicts of interest, etc. How to protect yourself from opportunisic behavior in business relations?

What are the main types of opportunistic risk?
– Unequal access to information, which enables one party to take advantage of the information lacking the other party. This can lead to a phenomenon known as adverse selection.
– Moral risk, which consists of neglecting to take precautionary measures because one is insured.
– Agents who have interests that are in conflict with those of the principal.
– Free riders, who unduly profit from the efforts of others.
– Hold-ups, in which a position of strength is used to expropriate a portion of the benefits generated by partner investments.

What vehicles can help prevent opportunistic behavior?
There are three main types of vehicles:
– Vertical integration, which is a radical way to prevent hold-ups.
– Hostages, which prevent many forms of opportunism. Potential benefits and a good reputation are two particularly effective hostages.
– The compensation system is another way to reconcile the interests of the various parties to a transaction.

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