Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches

The legal literature distinguishes between the liquidated damage and the penalty clauses in contracts, and holds that penalties designed for the prevention of breach are excessive compared to the liquidated damages. In an efficient supply chain contract, the penalty must satisfy the participation an...

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Main Authors: Arijit Mitra, Sumit Sarkar
Format: Article
Language:English
Published: Pompea College of Business 2022-11-01
Series:American Business Review
Subjects:
Online Access:https://digitalcommons.newhaven.edu/americanbusinessreview/vol25/iss2/3/
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author Arijit Mitra
Sumit Sarkar
author_facet Arijit Mitra
Sumit Sarkar
author_sort Arijit Mitra
collection DOAJ
description The legal literature distinguishes between the liquidated damage and the penalty clauses in contracts, and holds that penalties designed for the prevention of breach are excessive compared to the liquidated damages. In an efficient supply chain contract, the penalty must satisfy the participation and incentive compatibility constraints of the signatories. Considering loss-averse players, we have calculated optimal penalties in a supply chain contract and compared those with the liquidated damages. Two possible breaches are considered – a breach in quality of the delivery and a breach in the process. In the absence of any penalty, a process breach reduces the supplier’s delivery risk and cost of delivery. Determining the parametric conditions for efficient contracts, numerically we show the effects of various variables on the zone of efficient contract. We show that the optimal penalties need not be excessive compared to the liquidated damages.
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spelling doaj.art-a94175733da1424d900810d975c45f5d2022-12-22T04:38:59ZengPompea College of BusinessAmerican Business Review0743-23482689-88102022-11-0125227029210.37625/abr.25.2.270-292Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible BreachesArijit Mitra0Sumit Sarkar1Xavier Institute of Management Bhubaneswar (XIMB)XLRI-Xavier School of ManagementThe legal literature distinguishes between the liquidated damage and the penalty clauses in contracts, and holds that penalties designed for the prevention of breach are excessive compared to the liquidated damages. In an efficient supply chain contract, the penalty must satisfy the participation and incentive compatibility constraints of the signatories. Considering loss-averse players, we have calculated optimal penalties in a supply chain contract and compared those with the liquidated damages. Two possible breaches are considered – a breach in quality of the delivery and a breach in the process. In the absence of any penalty, a process breach reduces the supplier’s delivery risk and cost of delivery. Determining the parametric conditions for efficient contracts, numerically we show the effects of various variables on the zone of efficient contract. We show that the optimal penalties need not be excessive compared to the liquidated damages.https://digitalcommons.newhaven.edu/americanbusinessreview/vol25/iss2/3/contractliquidated damageloss-aversionpenaltysupply chain
spellingShingle Arijit Mitra
Sumit Sarkar
Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches
American Business Review
contract
liquidated damage
loss-aversion
penalty
supply chain
title Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches
title_full Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches
title_fullStr Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches
title_full_unstemmed Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches
title_short Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches
title_sort efficient supply chain contracting with loss averse players in presence of multiple plausible breaches
topic contract
liquidated damage
loss-aversion
penalty
supply chain
url https://digitalcommons.newhaven.edu/americanbusinessreview/vol25/iss2/3/
work_keys_str_mv AT arijitmitra efficientsupplychaincontractingwithlossaverseplayersinpresenceofmultipleplausiblebreaches
AT sumitsarkar efficientsupplychaincontractingwithlossaverseplayersinpresenceofmultipleplausiblebreaches