Legal remedies fail to achieve optimal outcomes in selfish investment contracts.
The article explores how contracts between parties with private information and selfish investments can lead to inefficient outcomes. Real-world contracts are often simple and incomplete, leading to renegotiation. Breach remedies like expectation damages may not achieve the best outcome, but liquidated damages could. Both parties tend to over-invest under different types of remedies, and courts use subjective and objective methods to determine breach. Overall, achieving the best outcome is challenging in this setup.