• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    The Empirical Case for Specific Performance: Evidence from the IBP-Tyson Litigation

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    The_Empirical_Case_for_Specifi ...
    Size:
    1.267Mb
    Format:
    PDF
    Download
    Author
    Listokin, Yair
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/4948
    Abstract
    Contract scholars debate the relative merits of specific performance and damages, but few studies assess remedies from an empirical perspective. This article examines the stock market response to an unusual specific performance award granted to IBP, Inc. in material adverse charge (MAC) clause litigation against Tyson Foods, Inc. The combined value of Tyson and IBP rose after specific performance was granted, implying that specific performance created value. This result contrasts with other papers indirectly showing large decreases in combined market value after damages remedies are awwarded. These results suggest that, from a postbreach perspective, the common law's preference for damages may be misplaced. The article identifies a number of settings, such as certain types of MAC clause controversies, wherein the use of specific performance rather than damages should be encouraged.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.