@TechReport{iza:izadps:dp2367, author={Muehlheusser, Gerd}, title={Regulating Damage Clauses in (Labor) Contracts}, year={2006}, month={Oct}, institution={Institute of Labor Economics (IZA)}, address={Bonn}, type={IZA Discussion Paper}, number={2367}, url={https://www.iza.org/index.php/publications/dp2367}, abstract={We analyze the role of damage clauses in labor contracts using a model in which a worker may want to terminate his current employment relationship and work for another firm. We show that the initial parties to a contract have an incentive to stipulate excessive damage clauses, which leads to ex post inefficiencies. This result is due to rent seeking motives a) between the contracting parties vis-à-vis third parties and b) among the contracting parties themselves. We then show that, by imposing an upper bound on the amount of enforceable damages, a regulator can induce a Pareto improvement; in some cases even the first best can be achieved.}, keywords={asymmetric information;breach of contract;penalty doctrine;damage clauses;labor contracts}, }