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How contracts and enforcement explain transaction outcomes

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  • Mooi, Erik A.
  • Gilliland, David I.

Abstract

This study considers the influence of contracts on enforcement and the subsequent performance impact of aligned and misaligned enforcement. We define enforcement as a corrective action aimed at remedying problems occurring in the transaction. First we explain the role of contracts and show that at the component level, contracts can both increase and decrease enforcement. Building on an alignment perspective and accounting for the endogeneity of enforcement, we use these contractual components and variables related to enforcement to predict the occurrence of enforcement. We use such predictions to show that aligned enforcement results in higher performance. We also show that the performance impact of misaligned enforcement is relatively greater for transactions where enforcement is not expected. We conduct the study using a unique dataset reporting on 971 business transactions across a wide range of industries.

Suggested Citation

  • Mooi, Erik A. & Gilliland, David I., 2013. "How contracts and enforcement explain transaction outcomes," International Journal of Research in Marketing, Elsevier, vol. 30(4), pages 395-405.
  • Handle: RePEc:eee:ijrema:v:30:y:2013:i:4:p:395-405
    DOI: 10.1016/j.ijresmar.2013.04.003
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    3. Pietro De Giovanni, 2016. "Coordination in a distribution channel with decisions on the nature of incentives and share-dependency on pricing," Journal of the Operational Research Society, Palgrave Macmillan;The OR Society, vol. 67(8), pages 1034-1049, August.
    4. Alex Scott & Christopher W. Craighead & Chris Parker, 2020. "Now You See It, Now You Don't: Explicit Contract Benefits In Extralegal Exchanges," Production and Operations Management, Production and Operations Management Society, vol. 29(6), pages 1467-1486, June.
    5. Jeff S. Johnson & Ravipreet S. Sohi, 2016. "Understanding and resolving major contractual breaches in buyer–seller relationships: a grounded theory approach," Journal of the Academy of Marketing Science, Springer, vol. 44(2), pages 185-205, March.

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