The last decade has seen a growth of new approaches in contract theory that go beyond the traditional models of complete and incomplete contracting to incorporate some of the most prominent psychological biases when modeling the behavior of contracting partners. Many of the traditional contracting models have been expanded to incorporate behavioral dimensions such as loss aversion, time inconsistency, or over-optimism, which allows researchers to more realistically explain the observed contracting behavior in the economy.
1The property rights and incomplete contracting literature has only very recently started to embrace these new extensions. One of the central building blocks of incomplete contracting theories is the assumption that parties to a contract will always engage in ex post efficient renegotiation in the case of (un)foreseen shocks (Hart and Moore 1988, 1990). As long as the valuation of the good is higher for the buyer than the seller, mutually beneficial trade should occur. However, the risk that contracting partners will extract surplus in renegotiations (hold up) leads to underinvestment ex ante, especially when investments are relationship-specific. While these models have been very influential, several recent theories have raised doubts about whether it is a reasonable assumption that ex post renegotiation will always reach efficient outcomes. Hart and Moore (2008) and Hart (2009) argue that contracts act as a reference point for the feelings of entitlement of contracting parties. They show that rigid contracts (fixed price) work well in normal times. However, when a 1 See Koszegi (2014) for an excellent overview of these new theories.