By Venkataraman
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Additional info for Automated Versus Floor Trading An Analysis Of Execution Costs On The Paris And New York Exchanges
Example text
No uncertainty, benefits if gets paid for bearing the risk. No uncertainty, loses if pays the other party for risk transfer. …does not know it but the event will occur. Uncertainty, loses unless gets paid for bearing the risk. No uncertainty, benefits unless pays the other party for risk transfer. …does not know it but the event will not occur. Uncertainty, benefits if gets paid for bearing the risk. Uncertainty, loses if pays the other party for risk transfer. In contract law, knowledge about whether the event will or will not occur can trigger a de facto obligation not to benefit from such a piece of superior information (see Volume I).
This is because the vendor is the main “obligor” or “debtor” under an agreement for the sale of goods after the buyer has paid up. Derogating from the law. The firm should of course really derogate from the law. However, many common contract practices do not have the intended effect. 5) will not always exclude the application of dispositive provisions of contract law. Dispositive provisions of contract law apply to the extent that parties have not agreed otherwise and can therefore complement the “entire agreement”.
The party using the pre-formulated contract terms is naturally tempted to choose terms that best suit its own interests. For many reasons, pre-formulated contract terms can be one-sided. First, a contract party tends to be “boundedly rational” and price only certain circumstances. 70 Second, differences relating to investment in information enable the firm to benefit from asymmetric information about the legal framework. Where the firm uses pre-formulated contract terms, the firm has made an up-front investment in legal drafting and analysis.