LAW 900

Contract Design

Business & Tax Law

This course applies economic concepts to the practice of structuring contracts. It consists in discussing the economics underlying business transactions and applying those concepts to focused case studies that illustrate the economic concepts that we study.Transactions are agreements between two or more parties to work together to create and allocate value. They can take a range of forms that include: the sale of an asset: the formation and running of a business; initial public offerings (IPOs); debt financings; buyouts; sales out of bankruptcy; leases; construction contracts, movie financing deals, etc.Deals occur, and value is created, when deal professionals design structures that make value more ascertainable, constrain future misbehavior by participants and limit the potential costs of long-term commitment by preventing the parties from taking advantage of counterparty’s sunk investments. If problems like these are not adequately addressed, the deal may not happen. But if the terms of the deal can be designed to respond to such problems, the transaction is more likely to be viable and the potential gains from it achievable.

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