Problematic Relations: Franchising and the Law of Incomplete Contracts

Abstract

Commitments to take or refrain from taking certain actions are indispensable elements in most forms of interaction and exchange. Even the purest form of spot-market transaction rests on commitments: the commitment of the state to value a piece of paper in future exchanges, and the commitment of the individual not to steal back what has been sold. As transactions spread out over time and become more complex, however, more is needed to ground the exchange than the mere stability of currency and property: The solidity of contract is also required.