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Ackerman, David T. "International contracts a quantitative analysis of transnational contract formation." Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/8.
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Globalization is the promise of the future, and it presents, quite literally, a world of opportunities not available in the past. International collaborations in science, research, and business now enjoy increased probabilities of success, in part, because of the advance in technology and the possibility of instantaneous communications. The convenience, simplicity and affordability of technology are helping to make the world accessible to almost everyone. With new availability of international concerns and the growth of global partnerships in all areas of interest, an increased need arises for agreements that memorialize collaborators' commitments, responsibilities and obligations. There is a corresponding concern that the agreements be enforceable across national and international lines should anything go wrong. There is no collaboration, partnership or venture that will not be touched in some way by the law. Whose law governs and how rules and regulations of different nations will be applied are of escalating concern. Empirically examining the state of international contract law is the overarching focus of my research. Adopting a research methodology involving both quantitative and qualitative techniques, I am investigating whether any consistency exists between attorneys of different practice sectors (academic, government, corporate and private) considering choice of law, enforcement of contract provisions, and the inclusion of preventative measures of international contracts. My results contribute to the future success of international collaborations of all concerns by empirically identifying the need for increased education on various dispute resolution options, as well as the effect cultural awareness has on the drafting of international contracts.ID: 030476559; System requirements: World Wide Web browser and PDF reader.; Mode of access: World Wide Web.; Accepted in partial fulfillment of the requirements for honors in the major in Legal Studies.; Thesis (B.A.)--University of Central Florida, 2011.
B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Zeng, Shuo. "Topics of Principal-Agent Contracts: Contract Analysis and Pooling Principals." Diss., The University of Arizona, 2015. http://hdl.handle.net/10150/577498.
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Consider companies who rely on revenue generating equipment that fails from time to time. Assume that a company owns one unit of equipment, whose maintenance and repair services are outsourced to a qualified service provider. We assume that the company (the principal) outsources the maintenance and repair services using performance based contracts. Such contractual relationships fall into economics' principal-agent framework. The owners of the revenue generating units are referred to as principals, and the service provider as the agent. We address the following questions: What are the optimal contracting strategies for a principal and an agent? Can the agent benefit from pooling the service demands from multiple principals? This dissertation contains two main bodies of work contained in chapters 2-7 and chapters 8-13 respectively. In the first part of this dissertation (chapters 2-7) we examine the contractual options between a single principal and a single agent. The contractual options of a principal and an agent are modeled as a Markov process with an undetermined time horizon. For a risk neutral principal we identify the conditions under which a principal contracts with a risk-neutral, risk-averse, or risk-seeking agent and derive the principal's optimal offer and the agent's service capacity response. In essence, we provide an extensive formulating analysis of principal-agent contracts given any exogenous parameter values. That is, we derive mathematical formulas for the optimal contract offers and the agent's optimal service capacity. It turns out that a small number of formulas cover a large spectrum of principal-agent conditions. In the second part of this dissertation (chapters 8-13), in a counter distinction to the vast literature in economics on principal-agent contractual interplay and its predominant concern with the principal, here we focus on the agent. In the case of performance based service contracts it is known that the principal extracts all the economic surplus and the agent breaks even. But this is not the case for an agent of good standing contracting with multiple principals. We show that an agent who contracts a collection of principals with interdependent failure characteristics does better than break-even - such an agent realizes a profit rate that is convexly increasing in the number of principals. The corresponding cooperative game assessing each principal's contribution to the agent's profit is convex and its easily computable Louderback's value seems always to be in its core. In chapter 14 we present the outline of a future study that compares several different options of contract structure faced by the principal and the agent, because the optimal contracting strategies for the principal and the agent may not necessarily be the same under different contract structures. We discuss briefly the agent's and the principal's behavior under different forms of performance based contract, which serves as a starting point for future extensions of this dissertation. To summarize, this dissertation provides practical mathematical results and important managerial insights into the principal-agent contract in equipment repair services industry.
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Williams, Gail Antoinette. "Contract as organisation : an economic analysis of the joint contracts tribunal's standard form of building contract 1980." Thesis, University of Newcastle Upon Tyne, 1992. http://hdl.handle.net/10443/624.
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The objective of this thesis is to consider whether the institutionalist hypothesis that the choice of organisational form functions to limit the transaction costs of organising productive activities explains a major standard-form contract which is used in building production. I approach this task by demarcating three models of contract which represent different points along a "contracting continuum". Each of the three governance structures - classical contract, relational contracting and the firm - represents a distinct patterning of resource co-ordination and each generates its own configuration of transaction costs. Thus the contracting continuum provides a basis for comparing the cost-reducing strengths and weaknesses of governance structures that vary with respect to their characterisation of relations between economic actors, and of the form and substance of both planning and implementation of decisions. The second part of the thesis focuses on the standardform building contract and its location along the contracting continuum. This part of the thesis addresses the question of "transactional fit" between the building contract and the activity which it purports to regulate. The analysis proceeds by identifying sources of transaction costs in the context and in the practices of building production and examining the governance implications of the contractual responses to such costs. 11 In its conclusions the thesis attempts to evaluate the contribution of institutional analysis our understanding of legal conceptions of contract. By using an industry-wide standard-form contract as a focus, I hope to illustrate some of the strengths and also the limitations of this approach. Building contracts have received little academic attention in the UK., and transaction cost analysis of governance structures is a young science which has been pursued with more enthusiasm by economists than by lawyers. As yet there has been little attempt to relate substantive aspects of the lawyer's understanding of contract to the "new institutional economics". It is hoped that this thesis will make a contribution to that exercise.
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Marquardt, Gerdis. "Economic analysis of contract choice, feelings of entitlement and contract enforcement in relationships governed by incomplete contracts." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23573.
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The first chapter of this thesis considers a contractual principal-agent relationship in an unstable environment. The players are uncertain whether repeated interaction is possible. I examine the role that the deliberate choice of an incomplete (non-verifiable and unenforceable) contract plays in signalling stability and trust. In this model, contractors may privately observe shocks that force them to end the relationship after the current period. Complete (verifiable) contracts, which are assumed to be feasible, ensure cooperation in compliance with the contract. With incomplete contracts, the players make themselves vulnerable to exploitation by their partners. But if cooperation occurs notwithstanding, the contractors update their beliefs about each other’s willingness to interact again. When the agent observes that her partner and herself are able to continue the relationship, she undertakes a non-contractible, mutually beneficial investment. The second chapter is based on the theory by Hart and Moore (QJE, 2008) that regards contracts as reference points for feelings of entitlement. Parties’ ex post performance depends on whether they receive what they feel entitled to, which is assumed to be the best possible outcome permitted by the contract. Consequentially, there exists a trade-off between contractual flexibility (agreement on a price interval) and rigidity (agreement on a single price). Hart and Moore do not analyse the role that third party contract enforcement plays for parties’ feelings of entitlement, shading on performance and contract choice. I demonstrate that Hart and Moore’s results rely on a number of assumptions that can be challenged when incorporating litigation into the model. They assume that trade is voluntary but renegotiation is prohibited. I argue that either trade is voluntary but renegotiation is possible or courts compel parties to trade according to the contract. In the former scenario, fixed price contracts may not act as reference points and the parties feel entitled to the best possible outcomes from renegotiation. In the latter scenario, contracts may act as reference points because of the option of contract enforcement. However, potential flexibility incorporated in the contract is lost. The third chapter provides an experimental examination of the effect of contract enforcement on contractors’ reference points for feelings of entitlement. Previous experiments by Fehr, Hart and Zehnder (AER 2011) analyse and support the theory by Hart and Moore (QJE, 2008) that contracts are reference points. Both theory and experiments ignore the role of contract enforcement for contractors’ feelings of entitlement. I replicate and confirm Fehr, Hart and Zehnder’s baseline experiment. I also run an additional treatment in which buyers can offer sellers more or less favourable prices than specified in the contract, whereas sellers can request enforcement of contracts as written. I find that contract enforcement matters, without being invoked, for sellers’ punishment behaviour through feelings of entitlement. Without explicit contract enforcement, flexible contracts (agreement on a price range instead of a single price) leave sellers feel entitled to the best possible price permitted by the contract. However, buyers rarely offer such a price which leads to disappointment and punishment. With the option of contract enforcement, sellers feel entitled to the price which the court would enforce, even if it is equally unfavourable than in the no court treatment. The presence of the court provides an outside validation for which prices are reasonable and thereby limits disappointment and punishment.
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Sieke, Marcel. "Supply chain contract management a performance analysis of efficient supply chain contracts." Köln Kölner Wiss.-Verl, 2008. http://d-nb.info/989792722/04.
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Younesi, Hamid. "Preserving the contractual equilibrium of international petroleum contracts : a relational contract analysis." Thesis, University of York, 2017. http://etheses.whiterose.ac.uk/18874/.
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The viability of long-term investment contracts is dependent on the effective and efficient distribution of risk and reward between the parties, while retaining the potential for flexibility in the face of future pressures for alteration. Petroleum contracts as long-term state contracts have complex economic and legal aspects, and their performance depends upon a durable relationship between the investor, whether foreign or domestic, and the host government. Such contracts cannot be seen as discrete commercial transactions or isolated agreements. Hence, the sustained contractual relationship for petroleum transactions is based on the ability to accommodate changing expectations in changing circumstances, and on the ongoing balance and adjustment of contractual rights and obligations in changed framework. International energy investment agreements are very vulnerable and exposed to a range of actions or inactions by public authorities (government or state agencies) which could considerably affect the profitability of a project. Amongst the principal reasons for the risk of expropriation is that the host state seeks to obtain a greater share of the return from a successful operation, by raising taxes or tightening other provisions in the investment contract without necessarily taking over ownership of the investment or to drive the investor out of business. As a result, the business relationship between the foreign oil company and host government resembles a model of an ‘obsolescing bargain’, (OBM). The thesis explores the role of the contractual equilibrium and bargaining positions and their interactions with contractual clauses in a relational model of relationship to reduce and manage risk of expropriation in international energy investment transactions. The thesis examines the classical and the relational theories of contract and their response to contractual obligations, and then suggests an adaptive contractual mechanism to maintain the equilibrium of the contract in order to protect the contracting parties’ interests and resolve disputes.
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Bastola, Jatan, Kenneth E. Findley, and Nathan T. Woodward. "Analysis of contract source selection strategy." Thesis, Monterey, California: Naval Postgraduate School, 2015. http://hdl.handle.net/10945/45810.
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Approved for public release; distribution is unlimitedThe Department of Defense (DOD) spends billions acquiring weapons systems, supplies, and services. The contract management process has to be executed diligently to ensure the government is receiving the highest return on investment. The process has six steps, two of which relate to the source selection strategy: solicitation planning and source selection. Once the acquisition team determines whether to use a lowest price technically acceptable (LPTA) or Tradeoff source selection strategy, they evaluate proposals to determine which offer presents the best value to the government. The purpose of this research is to explore potential relationships between the source selection strategy (LPTA or Tradeoff) and resultant contract outcomes. This research uses data collected from contract files and related documentation from two major systems commands (Naval Air Systems Command and Naval Sea Systems Command) to show the implication of the LPTA and Tradeoff source selection strategies. The findings suggest that an LPTA source selection strategy has a significantly shorter lead-time to contract award. The findings should be viewed with caution, however, as the sample size consisted of only six LPTA contracts. This report concludes with two recommendations to improve further research on choosing a source selection strategy and contract outcomes.
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Lara, Luis F. "Analysis of the Medium Tactical Vehicle Replacement (MTVR) Contractor Logistics Support (CLS) contract." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2001. http://handle.dtic.mil/100.2/ADA401453.
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Lui, Qiao. "Anticipatory breach of contract : A critical analysis." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530051.
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Parsons, Robert Douglas. "Armed Services Board of Contract Appeals: analysis of sustained decisions on DOD supply contract disputes." Thesis, Monterey, California : Naval Postgraduate School, 1986. http://hdl.handle.net/10945/18617.
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The purpose of this thesis is to identify deficiencies in the Federal Government's acquisition process through an analysis of ASBCA decisions for the period 1981 through 1985. The study focused upon Department of Defense contract default terminations whose conversion to terminations for the convenience of the Government resulted from Board decisions. The essence of the study was to determine if meaningful conclusions could be drawn from the analysis that could be used to improve the acquisition process. Using this research methodology several deficiencies were found, such as, actions and inactions by the acquisition team that waived the Government's right to subsequently pursue a default termination, lack of communications and basic contract knowledge, inadequate training, and a general misunderstanding of the substantial compliance aspects in contracts requiring first article units. Additional research is required, however this study concluded that analysis of sustained ASBCA appeals could be a useful technique for making improvements to the acquisition process.
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Ryan, Edmund Christopher. "An economic analysis of the standard construction contract." Thesis, King's College London (University of London), 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.412586.
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Aghamohammadi, Parisa. "THEORETICAL ANALYSIS OF CONTRACT CHANGE IN CONSTRUCTION PROJECTS." 京都大学 (Kyoto University), 2014. http://hdl.handle.net/2433/192172.
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Porter, Douglas P. "An analysis of the feasibility of outsourcing contract administration functions within the Defense Contract Management Command." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1998. http://handle.dtic.mil/100.2/ADA350397.
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Thesis (M.S. in Management) Naval Postgraduate School, June 1998.Thesis advisor(s): Janice M. Menker, Sandra M. Desbrow. "June 1998." Includes bibliographical references (p. 99-103). Also available onlinle.
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Jackson, Carl J. "Analysis of the 314th contracting squadrons contract management capability using the Contract Management Maturity Model (CMMM)." Monterey, Calif. : Naval Postgraduate School, 2007. http://bosun.nps.edu/uhtbin/hyperion-image.exe/07Dec%5FJackson%5FMBA.pdf.
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"Submitted in partial fulfillment of the requirements for the degree of Master of Business Administration from the Naval Postgraduate School, December 2007."Advisor(s): Rendon, Rene G. ; Hudgens, Bryan. "December 2007." "MBA professional report"--Cover. Description based on title screen as viewed on January 10, 2008. Includes bibliographical references (p. 45-46). Also available in print.
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Arvanitis, D. "Collaboration and contract management in the context of offshore oil and gas contracts : an English law analysis." Thesis, City, University of London, 2017. http://openaccess.city.ac.uk/19174/.
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This thesis provides an English law analysis on collaboration and contract management in the context of offshore upstream oil and gas contracts in light of the Maximising Economic Recovery [hereinafter ‘MER’] Strategy. The predominant subject of the thesis is the impact on offshore contracting of the MER Strategy. The thesis firstly considers that the Strategy is not merely another statute to regulate the offshore sector – its impact is of paramount importance because it sets a comprehensive framework for the coming decades until the cessation of operations in the North Sea. The MER Strategy seeks to address the field ‘maturity’ in the North Sea, which causes high extraction costs and questions the current business and contracting model. Secondly, the thesis focuses on the contracting model and relationship among operators and contractors, i.e. oil and gas companies and the supply chain. This niche area of contract law has been in the spotlight of academics and practitioners for many years, and abundant literature exists focusing on so-called ‘risk allocation’ clauses. However, the thesis approaches the subject in an original manner: looking beyond the traditional legal standpoint, it introduces the element of ‘contract and commercial management’ and focuses on the potential of ‘collaboration’. It argues that these two elements are key to the future of offshore contracting in light of the MER Strategy. The explanation of where these two terms ‘sit’ from an academic, practical and taxonomic standpoint is not an easy task. Contract and commercial management is a management-based discipline that goes beyond certain limitations imposed on the role of contract, championed by ‘strict’ school of thoughts on contract law. It perceives the contract to be mainly a device of ‘problem solving’ rather than ‘failure management’. Collaboration is a notion with great potential for contracting in general – and offshore contracting in particular – which nevertheless brings with it substantial challenges that need to be addressed. Collaboration is a crucial concept in the MER Strategy, and the thesis seeks to ascertain its meaning both within and beyond the context of the Strategy. Most importantly, the thesis explores the legal meaning and ramifications of collaboration, since although it is not a legal term of art, it is ‘reflected’ on existing doctrinal notions.
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Lembrick, George A. "A management case analysis of the Defense Contract Management Command's Process Oriented Contract Administration Services (PROCAS) program." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1993. http://handle.dtic.mil/100.2/ADA276247.
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Jeffers, Dina T. "Contract specialist turnover rate and contract management maturity in the National Capital Region Contracting Center an analysis /." Monterey, Calif. : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/JAP/2009/Dec/09Dec%5FJeffers.pdf.
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"Submitted in partial fulfillment of the requirements for the degree of Master of Science in Contract Management from the Naval Postgraduate School, December 2009."Advisor(s): Rendon, Rene G. ; Sears, George A. "December 2009." "Joint applied project"--Cover. Description based on title screen as viewed on January 28, 2010. Author(s) subject terms: Turnover, Contract Management, Contract Management Maturity Model, Procurement Planning, Solicitation Planning, Solicitation, Source Selection, Contract Administration, Contract Closeout, National Capital Region Contracting Center. Includes bibliographical references (p. 61-65). Also available in print.
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Ibrahim, Uzaimah. "Commodity futures contract; An analysis in Islamic commercial law." Thesis, University of Wales Trinity Saint David, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503606.
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Carrington, Vicki J. "Analysis of Army Contracting Command contract specialist vacancy announcements." Monterey, California. Naval Postgraduate School, 2010. http://hdl.handle.net/10945/10558.
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Joint Applied ProjectThis thesis reviewed the current external Contract Specialist vacancy announcements of the Department of the Army - Army Contracting Command, and compared them to vacancy announcements from other government agencies and private industry. Content analysis was used to systematically identify requirements for knowledge, skills and abilities for the entry-, mid- and supervisory-level Contracting Specialist positions in Army Contracting Command. The following recommendations are made: 1) Specify exactly what minimum skills/abilities/experience are required for each positions; 2) Incorporate knowledge of the Federal Acquisition Regulations as needed for mid- and supervisory levels; 3) Add professional certifications are desired; 4) Utilize the benefits package as a motivator to attract applicants; and 5) Recommend ACC revise and update the introductory statement on the announcements to include what and how it is exciting to be an Army Civilian. Army Contracting Command can ensure successful contracting outcomes to meet mission requirements by providing applicants with the right information and the right motivation.
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Regner, Tobias. "The economics of information goods : a contract theory analysis." Thesis, University of Bristol, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.409827.
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McCoy, Kathleen Marie LCDR. "Design and analysis of US Navy shipbuilding contract architecture." Thesis, Massachusetts Institute of Technology, 2015. http://hdl.handle.net/1721.1/100110.
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Thesis: Nav. E., Massachusetts Institute of Technology, Department of Mechanical Engineering, 2015.Thesis: S.M. in Engineering and Management, Massachusetts Institute of Technology, Engineering Systems Division, System Design and Management Program, 2015.
Cataloged from PDF version of thesis.
Includes bibliographical references (pages 92-95).
Contracting for US Navy ship procurement is complex due several factors such as budgetary and political concerns, sole or near sole source environments, and long lead-time construction. In the current climate of shrinking budgets, it is especially important to set programs up for financial success. One potential area for cost management improvement in acquisition programs is with the initial contract and incentive structure. If shipbuilding contracts could be described in engineering architectural terms, then perhaps that architecture could provide better clarity of contract options. Further, if contracting can be described as an engineering architecture, then perhaps that architecture could be optimized for a given result. These are the central questions of this thesis. To answer them, interviews were conducted with several experienced individuals from both industry and the government. Additionally, past shipbuilding contracts in both the US and Canada were examined. These insights were then used to form a contract architecture concept in accordance with the Tradespace engineering paradigm. From the concept definition came the design vector definition which included variables such as shareline definition, incentives, and contracted profit percentage. The tradespace was then populated by manipulating the design vector parameters. The Palisade tool [at]Risk was used to conduct the design vector manipulation and tradespace population. [at]Risk is an excel plug in that allows uncertain variables to be defined by probability distributions. The tradespace of contract outcomes was then evaluated against utilities such as cost, profit, and risk. Although the factors affecting the contracting environment are complex, and not all are modeled, quantitative modeling allows the architect to roughly evaluate different approaches, vice just basing the contract on past models. It also gives the government the ability to check whether shipbuilder furnished predicted costs are reasonable for a given contract structure.
by Kathleen Marie McCoy.
Nav. E.
S.M. in Engineering and Management
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Namdar, Zangeneh Mohammad. "An analysis of petroleum contract renegotiation under changed circumstances." Thesis, University of Dundee, 2016. https://discovery.dundee.ac.uk/en/studentTheses/46262581-39f5-4856-8d36-51c527d54dcd.
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Renegotiation is an integral feature of upstream petroleum contracts, given their vulnerability to unforeseen supervening events. The underlying assumptions or expectations upon which the parties enter into contracts change over time due to the special character of these agreements. In petroleum contracts, the conflicting interests of the parties are a major source of instability. While the investor is understandably concerned about the stability of its investment in order to recover its costs and attain a minimum rate of return, the State, as a sovereign entity with the public interest on top of its agenda, prefers contractual flexibility and seeks economic development through the investment. The need for renegotiation of petroleum contracts derives from the necessity of introducing flexibility into petroleum agreements, while maintaining contractual stability. The principles of pacta sunt servanda and rebus sic stantibus are at the heart of any discussion of contractual adjustment. While the importance of the sanctity of the contract always has to be underlined, yet the rigid insistence on the contractual stability in the field of upstream petroleum agreements may lead to explosive reactions by the host State. Therefore, renegotiation of such contracts subsequent to change of circumstances resulting in a breach of the parties’ legitimate expectations is essential if the contract is to survive the turbulent times of the future. Many, if not the majority of petroleum contracts, do not seem to contain contractual adjustment provisions, mostly because the investor is fearful that those clauses will be used as a lever by the State party to impose unilateral changes in the investment’s underlying circumstances. However, even in the absence of adjustment mechanisms in the agreement, the petroleum industry practice has shown that renegotiation is still happening outside the parties’ express will. Renegotiation outside the contract, however, may impose the contract to high risk of instability, and therefore, must be qualified. While the necessity of renegotiation of petroleum contracts has been highlighted in this dissertation, it is argued that renegotiation practices outside the contract will be effectively qualified through establishing or finding a duty to renegotiate by recourse to the general principles of law. Finding an implicit or inherent obligation to renegotiate petroleum contracts based on the general principles of law will keep the rights and obligations of the contracting parties, as set out in the contract, consistent with the economic interests of the parties throughout the duration of the contract. Although the principle of protection of legitimate expectations may well be perceived as a source for an inherent or implied renegotiation duty in the field of petroleum contracts, but major municipal laws in the world seem to still adhere to the principle of the sanctity of contracts and narrowly interpret and apply the principle of rebus sic stantibus. That is because the approaches of the prominent national legal systems in the world have been influenced by the rules originally designed to govern contractual relationships between parties with equal bargaining powers in purely private and commercial contracts. This will lead to the conclusion that inserting contractual adjustment clauses in petroleum contracts may be the best way for the parties to ensure contractual adjustment(s) during the performance of the contract in the event that change of circumstances will lead to disturbance of economic equilibrium of the contract.
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Emurwon, Brian Kwame. "Sentimental damages in English contract law : a critical analysis." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12609.
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Includes bibliographical references.This dissertation's primary hypothesis is that the angst-spawning confusion plaguing this area of law stems from a feckless amalgamation of parallel, if not competing, notions of loss. Let me explain. When a promisee seeks judicial relief for breach, the court habitually applies two deeply-ingrained presumptions of fact whose status has been unconsciously elevated to rules of law.10 These judicial presumptions are that: 1. The promisee's concern is loss of performance and not loss of promise; and (After confining the matter to loss of performance) 2. The promisee's performance interest is essentially pecuniary value (profit) and not non-pecuniary value (utility). The Addis case illustrates the sad result of focusing on performance in a situation where the predominant loss caused by breach is promissory in character (Presumption 1). Farley, on the other hand, promotes the commercial agenda by perpetuating the notion that financial loss is the premier interest of contract as law (Presumption 2). This dissertation tests the above hypothesis by evaluating the prohibition on mental distress damages.
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Ozcan, Fatma Rana. "Category-Based Analysis of Smart Contracts." University of Cincinnati / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1563872670303612.
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Longomo, Eric Enkele. "Flexibility analysis on a supply chain contract : deterministic and stochastic settings." Thesis, University of Portsmouth, 2017. https://researchportal.port.ac.uk/portal/en/theses/flexibility-analysis-on-a-supply-chain-contract(150656e6-31d2-40e1-8a5e-9b59639e8b5f).html.
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This thesis is based on the application of flexibility analysis on a supply chain contract. The work was implemented using a practical case exploring a relationship between a car manufacturer (buyer) and a parts supplying company (supplier). Commonly, such contracts are ratified for a fixed duration - typically three years. A nominal order quantity (or initial capacity reservation) and a variation rate controlling the potential adjustments with respect to the nominal quantity for each period are imposed on the supplier when signing the contract. The supplier guarantees to meet the firm order should it fall within the range agreed upon, and charges a unit price of the product linear in the variation rate in order to protect himself from risks. The buyer in return is required to order the minimum quantity in each period defined by the nominal quantity and variation rate in the contract. The overall goal throughout the course of this PhD was to analyse this Quantity Flexibility (QF) contract at the strategic (or contracting) level. The prime focus - from the buyer’s perspective - was to develop a policy that determines the optimal nominal order quantity (Q) and variation rate (β) underpinning the contract that ensures the actual order quantity satisfies the actual demand as much as possible in each period and the total cost, including purchasing cost, inventory holding and backlogging costs, is minimised over the contract length. The approach taken in this study is aimed at solving the problem in two different settings. One is called the deterministic setting, where the demands are considered as deterministic and the other is called stochastic setting, where the demands are stochastic and stationary. For the deterministic setting, a parametric Linear Programming (pLP) model is developed from the buyer/retailer’s perspective to help analyse the optimal combination of values of β and Q. In the pLP model, the decision variables are the actual order quantity in each period, represented by vector x and β and Q are treated as the parameters. For each combination of values of β and Q, the optimal value of the vector x can be found by solving the corresponding Linear Programming (LP) model to optimality. However, the number of the combinations of the values of β and Q could be unlimited. To explore the optimal combination of values of β and Q, the convexity of the optimal value of the pLP model has been examined. Due to the fact that the optimal combination of values of β and Q cannot be analytically found due to mathematical intractability, this thesis numerically evaluates the best combination of β and Q to draw some managerial insights based on the findings. For the stochastic setting, this thesis analyses the long-run behaviour of the system when the signed contract is executed and calculates the mathematical expectation of per-period total purchasing, inventory holding and backlogging costs, as a function of the contracting parameters β and Q. The optimal values of these parameters are calculated through simulation of various demand patterns. For this purpose, we consider the basic case with zero lead time and a very simple order policy during the execution of the contract. These assumptions are nevertheless reasonable in the context of a car manufacturer and a supplier delivering Just-In-Time (JIT) parts using a QF contract. The evolution of the inventory position can be modelled with a Markov chain and the long-run behaviour of the system can then be analysed by considering the steady-state. Due to mathematical intractability, the steady-state is estimated through simulation. Our models differ from the previous similar works found in the literature where the QF mechanism is implemented in a way that in the models used in these works the nominal quantity (Q) and the flexibility parameter (β) are: analysed separately, coupled with other forms of coordinative drives, or computed using approximate methods and heuristics that are unable to firmly guarantee global optimum solutions.
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Kocher, Ronald Jay. "An analysis of Defense Contract Management Command Springfield's supplier base." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1998. http://handle.dtic.mil/100.2/ADA359697.
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Thesis (M.S. in Management) Naval Postgraduate School, December 1998."December 1998." Thesis advisor(s): David V. Lamm, David A. Smith. Includes bibliographical references (p. 159-160). Also available online.
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Martin, Eric D. "An efficiency analysis of Defense Logistics Agency Contract Administration Offices." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1999. http://handle.dtic.mil/100.2/ADA366213.
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Thesis (M.S. in Operations Research) Naval Postgraduate School, June 1999."June 1999". Thesis advisor(s): Lyn R. Whitaker, Linda Nozick. Includes bibliographical references (p. 61-62). Also available online.
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Lin, Robert E. "An analysis of the Department of Defense deregulated electricity contract." Thesis, Springfield, Va. : Available from National Technical Information Service, 1998. http://handle.dtic.mil/100.2/ADA352399.
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Hui, Ken, and 許亦鈞. "Court decisions on building contract disputes: a Coasian empirical analysis." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B40988193.
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Hui, Ken. "Court decisions on building contract disputes a Coasian empirical analysis /." Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/B40988193.
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Li, Alexander. "The U.S. Social Contract with Pakistan: A Theoretical Analysis of U.S. Drone Use in Relation to Sovereignty." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2024.
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This thesis explores the U.S.-Pakistani relationship in the War on Terror in an effort to better understand the U.S.-Pakistani power dynamic. In particular, this thesis analyzes the United States’ relationship with Pakistan via a Hobbesian understanding of social contract theory: a state’s right to sovereignty. It then utilizes this framework to analyze the U.S. use of drones on Pakistani soil. This paper suggests a protectionist model has been adopted by the United States, thereby making these drone strikes violations of the social contract. As a result, this paper argues that because of this, the United States will have to uphold the state’s responsibility to protect in order to maintain their social contracts with other states.
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Smith, Stephen A. "The common law of restraint of trade : a theoretical analysis." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358569.
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De, Barros Cruz Julio Cesar. "Effects of Endogenous Risks in Contract Design : A Theoretical and Empirical Analysis of the Optimal Contract Design in the Swedish Construction Industry." Thesis, KTH, Fastigheter och byggande, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-298069.
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The architecture, engineering and construction industry faces challenges when dealing withprocurement contract design and risk-handling. The optimal contracting practices have beenworldwide studied in areas of contract theory which studies how the optimal incentivemechanism (“contracts”) can be designed to encourage the parties to behave more efficiently.The parties usually consist of a principal and an agent, where the principal hires an agent todeliver goods or services. However, the complexity of contract theory calls for a morepracticable approach in an attempt to understand the procurement problem in the industry andincrease knowledge-sharing between projects. The purpose of this study is to propose a model based on contract theory that can be used inpractice to investigate the effects of project endogenous risks in three different types ofprocurement contracts: fixed-price, time and material, and incentive. Thus, this study usesquantitative methods with the aim to explain the current procurement problem in the Swedisharchitecture, engineering, and construction industry, compare theory and practice, andcontribute to knowledge about the linkage between endogenous risks, optimal risk sharing andcontract design. The conclusions from this study are that the current contracting practices in the industry arenot aligned with the optimal contract design described by the theory. The theory in this researchshowed that, given endogenous project risks, the optimal incentives vary in the agent’saversion to risk resulting in a non-monotone relationship between optimal contract power andproject risk. Further, a contract becomes optimal and efficient when cost savings and qualityincentives are aligned. However, the analysis of real-world projects presented no clearrelationship between contract power and project risk, i.e. some projects with fixed-pricecontracts or time and material contracts presented the same risk level. Hence, this researchproposes a method for computing the optimal incentive contract which can be used in manycases where the other two types of contract are currently being used. Based on the theory, theoptimal incentive contract may add valuable benefits for both parties involved since it aims toefficiently share the project risk between them while providing the agent the right incentivesto work more efficiently to reduce costs and deliver high-quality services or goods.Byggbranschen står inför utmaningar när det gäller kontraktsdesign och riskhantering. Deoptimala upphandlingsmetoderna har studerats över hela världen inom områden avkontraktsteori som i sin tur studerar hur den optimala incitamentsmekanismen ("kontrakt") kanutformas för att uppmuntra parterna att agera mer effektivt. Parterna består vanligtvis av enprincipal och en agent, där principalen anställer en agent för att leverera varor eller tjänster.Men komplexiteten i kontraktsteori kräver ett mer praktiskt tillvägagångssätt i ett försök attbättre förstå upphandlingsproblemet i byggbranschen samt att öka kunskapsutbytet mellanprojekt. Syftet med denna studie är att föreslå en modell baserad på kontraktsteori som kan användas ipraktiken för att undersöka effekter av endogena risker i tre olika typer avupphandlingskontrakt: fastpris, rörligt pris (time and material) och incitament. Denna studieanvänder därmed kvantitativa metoder i syfte att förklara det aktuella upphandlingsproblemeti den svenska byggbranschen, jämföra teori och praktik, och bidra till utökad kunskap omsambandet mellan endogena risker, optimal riskdelning och kontraktsdesign. Slutsatsen från denna studie är att den nuvarande upphandlingspraxisen i branschen inte är ilinje med den optimala kontraktsdesignen som beskrivs av teorin. Teorin i denna studie visaratt, förutsatt endogena projektrisker, så varierar de optimala incitamenten med agentensriskaversion vilket resulterar i ett icke-monoton förhållande mellan optimal kontraktsdesignoch projektrisk. Dessutom blir ett kontrakt optimalt och effektivt när kostnadsbesparingar ochkvalitetsincitament är i linje med varandra. Men analysen av verkliga projekt visar inget tydligtsamband mellan kontraktsdesign och projektrisk, det vill säga en del projekt med fastpris ellerrörligt pris visade sig ha samma risknivå. Därför föreslår denna studie en metod för beräkningav det optimala incitamentet som kan användas i många fall där de andra två typerna avkontrakt för närvarande används. Teorin säger att det optimala incitamentet kan ge värdefullafördelar för de inblandade parterna eftersom det syftar till att på ett effektivt sätt fördelaprojektrisken mellan dem samtidigt som agenten får rätt incitament att arbeta mer effektivt föratt sänka kostnaderna och leverera högkvalitativa tjänster eller varor.
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Lord, Roger D. "Analysis of contract disputes resolved by the Armed Services Board of Contract Appeals (ASBCA) between January 1998 and June 1999." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1999. http://handle.dtic.mil/100.2/ADA374324.
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Thesis (M.S. in Management) Naval Postgraduate School, December 1999."December 1999". Thesis advisor(s): David A. Smith, Bill R. Gates. Includes bibliographical references (p. 177-178). Also available online.
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Soper, Charles Haward. "Contract, conflict and cooperation : a critical analysis of the common law approach to the breakdown of modern, complex, symbiotic contracts." Thesis, University of Leicester, 2018. http://hdl.handle.net/2381/42502.
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The springboard of a real-world, doctrinal, and theoretical investigation of the role played by cooperation in complex modern contracts allows me to articulate and justify a deep and concrete Transcendent Duty to Cooperate (TDTC) for these contracts. The source of the TDTC is the express words and/or the background of such contracts, the commercial expectations of the parties; which reveal that successful performance re-quires cooperation. The inevitable inference from this is that parties implicitly agree to cooperate. As the duty is implicit, it follows, I argue, that there are no gaps to be filled; merely meaning to be unearthed from the words and/or the background (construction). In doctrinal work, I review cases in categories (prevention, facilitation, defect-rectification, communication, decision-making, and active cooperation), showing that the law is far from coherent but also far from incoherent. Shifting from judicial policy making and gap-filling to context/purpose based contract construction, using evidence, is possible and would provide coherence. I create a clear and enforceable definition of cooperation through analysing the opinions of around five-hundred commercial experts and synthesising those with doctrine and theory. My empirical work analyses experts’ views; collected by interview, an online survey and workshops, using vignettes developed from adjudicated/real-life cases including opinion on what cooperation is and how it is achieved. The findings of my survey are compared with others. At an abstract level, it aligns with comparable surveys and at a detailed level, it is unique. In theoretical work, I show that basing the TDTC on construction is superior and more efficient, brings coherence to the law and that it is underpinned by shared, normative, “community” values. I test the TDTC against various “hard” cases, analysing remedial issues, showing that it would not decrease certainty in English Commercial Law, and is defensible by an appeal for coherence.
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Erikson, Gustaf. "Contract farming and organic rice production in Laos : a transformation analysis." Thesis, Södertörns högskola, Institutionen för samhällsvetenskaper, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-15657.
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As in many least developed countries the farmers in Laos are heavily dependent on subsistence based agriculture production for their livelihood. A key for increased welfare for the rural population inLaosis to increase their profits of small scale farmers and generate a higher income per capita. One possible way to increase the profits and income for smallholder farmers may be to convert in to organic rice production for the export market, since the international market for organic rice is growing, consumers are prepared to pay a premium prise for organic products and conditions for organic rice production are favourable in Laos. Organic rice farming has grown in Laos during the last decade as greater volumes of organic rice are produced and exported. Organic rice is mainly produced by smallholders in donor projects or by contract farmers supplying contract farming companies. In this thesis I try to determine the causes behind this structural transformation by incorporating evolutionary economic theory (Schumpeter, 1911; Dahmén, 1950 and Marmefelt, 1998) which focuses on entrepreneurial innovations and creditors as the basis for changes in the economy. By performing a Dahménian transformation analysis of the transition from conventional- to organic rice production within the development block around rice production in Laos, I try to determine the transformation pressure causing the transformation to take place. Emphasis is in particular given to the role of contract farming in this process. I investigate to what extent the contract farming firm can be regarded as a Schumpeterian banker, a concept introduced by Marmefelt (1998), that can coordinate the development block around rice production by providing credits to the entrepreneurs within the development block. The analysis shows that two types of transformation pressures are likely to have caused the farmers to convert to organic rice production. First of all it is likely that the relatively higher price paid for organic rice (42 percent higher than conventional rice) has convinced farmers to make the transition. This type of transformation pressure can be seen as a market pull type, as it originates from an increased demand in the international market, which in turn increases the relative price for the product. The analysis further shows that a production method innovation had taken place by the introduction of new inputs, made available by the contract farming firm. This has led to an increased productivity which, combined with the premium price, generated higher profits for the organic contract farmers. The production method innovation can be seen as a market push type of transformation pressure originating from the supply side. In this thesis I argue that it is unlikely that the transformation would have occurred without the involvement of the contract farming firm. On their own, farmers did neither have the means to grow the organic rice, nor the proper market channels to process and sell the organic rice on the international market. I argue that the contract farming firm’s ability to facilitate price signal information from the international market to farmers, provide access to the new market thru market links, and provide credits for new inputs as well as technical assistance essentially made the transition to organic rice possible. However the analysis also shows that the contract farming firm had a limited ability to fulfil its role as a coordinator in the evolvement of the organic rice production, in terms of a Schumpeterian banker, because of limited abilities to solve bottlenecks in the value chain. The reason for this is mainly limited financial resources to finance complementary investments in other parts of the development block.
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Vlyalko, Ganna, and Rummenigge Wilson. "Corporate Social Contract: An Analysis of Corporate Perspectives on the Concept." Thesis, Umeå universitet, Företagsekonomi, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-64360.
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Abstract The purpose of our thesis was to comprehend how organizations approach the Corporate Social Contract that exists between them and society. The empirical data was gathered to reflect a comprehension of the Corporate Social Contract as a whole and as the product of its components, i.e.: Corporate Social Responsibility and Reciprocity. Other concepts interconnected with our main topic were also used in order to better comprehend the concept of Corporate Social Contract as well as our interpretations of the collected empirical data. These interconnected concepts were Corporate Sustainability, Corporate Citizenship, Shared Value, and Willingness to Pay. The research work was approached from the qualitative standpoint. Considering that the perspective of our thesis was an organizational one, we approached 5 organizations within which to conduct interviews on the stated topic. Our aim was merely to understand the organizational perspective and approach to the concept of Corporate Social Contract, not to compare these perspectives and approaches. Each of the chosen organizations met certain basic criteria mentioned in our work that permitted us to include them in our sample. The thesis’ conclusion reflected various organizational approaches towards Corporate Social Contract from the angle of Corporate Social Responsibility as well as varying perspectives on, and expectations of, society’s reciprocity. The study has shown that our view of the equal importance of the concepts of CSR and Reciprocity, within the framework of CSC fulfillment, is an under investigated area in both academics and in the practical business world. This has also been supported by our interviewees’ view on expectations, placed on society, as an implicit area in their organizations’ policies. Through our study we have uncovered practical reasons as to why CSC cannot be fulfilled all the time, how expectations between both organizations and society differ from project to project, and the importance of societal reciprocity in the aim of CSC fulfillment. And thus, through our study, we endeavor to comprehend how organizations fulfill the CSC and how they view society’s attempts to fulfill its end of the contract. As a result of our work, future students and researchers stand to gain insights into the mentalities of organizations that hail from different industries and are based in different parts of the world. Future students and researchers could also derive their own interpretations of our respondents words based on the culture prevalent in the country in which the respondents are based. Apart from this, one can note that the respondents were also from a range of departments and their professionally skewed perspective on our topic makes for an interesting contribution to those seeking insights into our topic and those interlinked. Key Words: Corporate Social Contract, Corporate Social Responsibility, Reciprocity, Corporate Sustainability, Corporate Citizenship, Shared Value, and Willingness to Pay.
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Graham, La-Hesh A., Alexander D. Wallace, and Scott J. Lewis. "Analysis of contract management processes at Naval Sea Systems Command (NAVSEA)." Monterey, California. Naval Postgraduate School, 2010. http://hdl.handle.net/10945/10490.
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MBA Professional ReportThe purpose of this project is to assess the maturity of Naval Sea Systems Command's (NAVSEA) Contract Management processes. NAVSEA is headquartered in Washington, DC. The analysis of NAVSEA will be conducted using the Contract Management Maturity Model (CMMM). The primary purpose of this research is to analyze NAVSEA's contracting processes utilizing the Contract Management Maturity Assessment Tool (CMMAT), to identify key process area strengths and weaknesses, and to provide a road map for possible improvement if needed. This research reviews and categorizes the results of several Peer Reviews performed on NAVSEA by the six phases of the contract management process. This research also analyzes and categorizes openended responses to a question on critical success factors conducted on NAVSEA contracting personnel. The results will provide NAVSEA a snapshot of the maturity level of their contracting processes. This will allow NAVSEA to identify the unique challenges that it is facing and provide an assessment tool on how to effectively engage and overcome these challenges and potentially improve the organization's contracting process.
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Seppänen, Veikko. "Competence change in contract R & D : analysis of project nets /." Espoo [Finland] : Technical Research Centre of Finland, 2000. http://www.vtt.fi/inf/pdf/publications/2000/P418.pdf.
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Ozkaya, M. "A design-by-contract based approach for architectural modelling and analysis." Thesis, City University London, 2014. http://openaccess.city.ac.uk/13045/.
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Research on software architectures has been active since the early nineties, leading to a number of different architecture description languages (ADL). Given their importance in facilitating the communication of crucial system properties to different stakeholders and their analysis early on in the development of a system this is understandable. However, practitioners rarely use ADLs, and, instead, they insist on using the Unified Modelling Language (UML) for specifying software architectures. I attribute this to three main issues that have not been addressed altogether by the existing ADLs. Firstly, in their attempt to support formal analysis, current ADLs employ formal notations (i.e., mostly process algebras) that are rarely used among practitioners. Secondly, many ADLs focus on components in specifying software architectures, neglecting the first-class specification of complex interaction protocols as connectors. They view connectors as simple interaction links that merely identify the communicating components and their basic communication style (e.g., procedure call). So, complex interaction protocols are specified as part of components, which however reduce the re-usability of both. Lastly, there are also some ADLs that do support complex connectors. However, these include a centralised glue element in their connector structure that imposes a global ordering of actions on the interacting components. Such global constraints are not always realisable in a decentralised manner by the components that participate in these protocols. In this PhD thesis, I introduce a new architecture description language called XCD that supports the formal specification of software architectures without employing a complex formal notation and offers first-class connectors for maximising the re-use of components and protocols. Furthermore, by omitting any units for specifying global constraints (i.e., glue), the architecture specifications in XCD are guaranteed to be realisable in a decentralised manner. I show in the thesis how XCD extends Design-by-Contract (DbC) for specifying (i) protocol-independent components and (ii) complex connectors, which can impose only local constraints to guarantee their realisability. Use of DbC will hopefully make it easier for practitioners to use the language, compared to languages using process algebras. I also show the precise translation of XCD into SPIN’s formal ProMeLa language for formally verifying software architectures that (i) services offered by components are always used correctly, (ii) the component behaviours are always complete, (iii)there are no race-conditions, (iv) there is no deadlock, and (v) for components having event communications, there is no overflow of event buffers. Finally, I evaluate XCD via five well-known case studies and illustrate XCD’s enhanced modularity, expressive DbC-based notation, and guaranteed realisability for architecture specifications.
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Kackar, Selcuk. "Analysis of the U.S. Foreign Military Sales (FMS) pricing, billing, contract closure, and FMS contract administration by the Turkish Navy (TN)." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1995. http://handle.dtic.mil/100.2/ADA303386.
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Thesis (M. S. in Management) Naval Postgraduate School, September 1995.Thesis advisor(s): Mark W. Stone, Richard Doyle. "September 1995." Includes bibliographical references. Also available online.
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Zottoli, Michael A. "Understanding the process through which breaches of the psychological contract influence feelings of psychological contract violation: an analysis incorporating causal, responsibility and blame attributions." The Ohio State University, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=osu1054515958.
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President, Wai. "An analysis of the United States Air Force Energy Saving Performance Contracts." Thesis, Monterey, California, Naval Postgraduate School, 2007. http://hdl.handle.net/10945/38043.
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Approved for public release; distribution is unlimited.This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. As such, it is in the public domain, and under the provisions of Title 17, United States Code, Section 105, it may not be copyrighted.
MBA Professional Report
The purpose of this paper is to explore the use of Enerrgy Saving Performance Contracts (ESPC) within the Department of Defense, focusing on the United States Air Force's utility and energy acquisition. The significant value of the ESPC is its alternative financing mechanism that authorizes Federal facilities regionalization without upfront investments. The paper focuses on Dyess Air Force Base's ESPC, as Dyess's benchmarking ESPC was selected for the Presidential Award recognition for Leadership in Federal Energy Management. The six major contracting processes within the three main management levels encompass many of the best-preactice characteristics. The interviews referenced herein with the service end-users, both the regional and local contracting officers, allow the reader to further understand how the Integrated Product Team's significant efforts resulted in a successful ESPC.
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Helmholz, Niels. "Contract formation and the Internet : an analysis of contract formation in English, South African and German law with special regard to the Internet." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52746.
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Thesis (LLM)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This dissertation examines the conclusion of contracts on the Internet in English and South African law on the one hand, and German law on the other. Because these legal systems have not developed specific rules for the formation of contracts by way of this medium of communication, the question is whether the traditional doctrines are adequate to the demands of tecnological innovation. The study accordingly proceeds from a detailed discussion of the traditional rules of offer and acceptance developed in each of the systems. To this end, the leading cases and of English and South African law are considered with an emphasis on the points of difference between the approach of the courts in these systems. Where there is uncertainty or different points of view, regard is had to the critical points of view of English and South African commentators. In respect of the codified German civil law, the authoritative provisions of the general part of the civil code are discussed against the background of the commentary of academic authors. An investigation of the technical structure of the Internet and the various methods of communication afforded by it, provides a foundation for an examination of the application of the general principles of the various legal systems to contract formation on the Internet. It is concluded that despite fundamental differences in the of approach of the systems under consideration, the general principles of each system are capable of application in the context of electronic contracting. The dissertation endeavours to develop proposals regarding adequate solutions to the problems typical of the process of contract formation on the Internet.
AFRIKAANSE OPSOMMING: Hierdie tesis is afgestem op die hantering van kontraksluiting op die Internet in die Engelse en Suid-Afrikaanse Reg aan die een kant, en die Duitse Reg aan die ander kant. Omrede geeneen van hierdie stelsels tot op hede spesifieke maatreëls daargestel het vir kontraksluiting deur middel van hierdie kommunikasiemiddel nie, is die vraag of tradisionele beginsels afdoende is met die oog op eise van die nuwe tegnologie. Die ondersoek gaan derhalwe uit van 'n behandeling van die tradisionele reëls van aanbod en aanname soos wat dit in elkeen van die stelsels ontwikkel het. Met die oog hierop, word sleutelvonnisse van die Engelse en Suid-Afrikaanse reg ontleed, veral dan ook met klem op verskille in die benadering van die howe in hierdie twee stelsels. In geval van onsekerheid en verskille van mening, word verwys na die kritiese standpunte van Engelse en Suid-Afrikaanse kommentatore. Met verwysing na die gekodifiseerde Duitse stelsel word die gesaghebbende bepalings van die Burgerlike Wetboek behandel teen die agtergrond van die kommentaar van Duitse akademiese skrywers. 'n Ontleding van die tegniese struktuur van die Internet en die verskillende kommunikasiemetodes wat dit bied, verskaf die grondslag vir 'n ondersoek na die toepaslikheid van die algemene beginsels aangaande kontraksluiting van die onderskeie regstelsels in die konteks van elektroniese kontraktering. Die gevolgtrekking is dat ten spyte van fundamentele verskille in benadering, die algemene beginsels van die verkillende stelsels wel aanwendbaar is in die nuwe omgewing. Die verhandeling poog om 'n bydrae te lewer tot die ontwikkeling van aanvaarbare oplossings tot die probleme wat tipies is aan kontraksluiting deur middel van die Internet.
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Alexander, Richard David. "Insider information trading analysis of Defense companies prior to major contract awards." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1993. http://handle.dtic.mil/100.2/ADA277238.
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Burton, Bennet A. Nordin Andrew E. "Analysis of the Oklahoma City Air Logistics Centers's (ALC) contract management processes." Monterey, Calif. : Naval Postgraduate School, 2007. http://bosun.nps.edu/uhtbin/hyperion-image.exe/07Dec%5FBurton%5FMBA.pdf.
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"Submitted in partial fulfillment of the requirements for the degree of Master of Business Administration from the Naval Postgraduate School, December 2007."Advisor(s): Rendon, Rene ; Petross, Diana. "December 2007." "MBA professional report"--Cover. Description based on title screen as viewed on January 10, 2008. Includes bibliographical references (p. 85-87). Also available in print.
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Burton, Bennet A., and Andrew E. Nordin. "Analysis of the Oklahoma City Air Logistics Centers's (ALC) contract management processes." Monterey, California. Naval Postgraduate School, 2007. http://hdl.handle.net/10945/10187.
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MBA Professional ReportThis paper assesses the process capabilities and competencies of Air Force Material Command's (AFMC) Air Logistics Center (ALC) at Tinker AFB, OK. The assessment uses a cross-sectional questionnaire covering contracting processes and procedures. The purpose of this study is to analyze the ALCs contracting processes and procedures to better establish a baseline for contract management maturity. Using the Contract Management Maturity Model (CMMM) and its assessment tool, this model will be used to identify the ALC's weak as well as strong contract management processes, and provide recommendations for improving the maturity of these processes. Additionally, the Learning Organization Assessment model is used to determine which characteristics of a learning organization the ALC possess. The results of these assessments will be used to determine any correlation between the two models and recommend areas for organizational improvement.
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Narayana, Swetha. "Uncertainty analysis in product service system : Bayesian network modelling for availability contract." Thesis, Loughborough University, 2016. https://dspace.lboro.ac.uk/2134/23185.
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There is an emerging trend of manufacturing companies offering combined products and services to customers as integrated solutions. Availability contracts are an apt instance of such offerings, where product use is guaranteed to customer and is enforced by incentive-penalty schemes. Uncertainties in such an industry setting, where all stakeholders are striving to achieve their respective performance goals and at the same time collaborating intensively, is increased. Understanding through-life uncertainties and their impact on cost is critical to ensure sustainability and profitability of the industries offering such solutions. In an effort to address this challenge, the aim of this research study is to provide an approach for the analysis of uncertainties in Product Service System (PSS) delivered in business-to-business application by specifying a procedure to identify, characterise and model uncertainties with an emphasis to provide decision support and prioritisation of key uncertainties affecting the performance outcomes. The thesis presents a literature review in research areas which are at the interface of topics such as uncertainty, PSS and availability contracts. From this seven requirements that are vital to enhance the understanding and quantification of uncertainties in Product Service System are drawn. These requirements are synthesised into a conceptual uncertainty framework. The framework prescribes four elements, which include identifying a set of uncertainties, discerning the relationships between uncertainties, tools and techniques to treat uncertainties and finally, results that could ease uncertainty management and analysis efforts. The conceptual uncertainty framework was applied to an industry case study in availability contracts, where each of the four elements was realised. This application phase of the research included the identification of uncertainties in PSS, development of a multi-layer uncertainty classification, deriving the structure of Bayesian Network and finally, evaluation and validation of the Bayesian Network. The findings suggest that understanding uncertainties from a system perspective is essential to capture the network aspect of PSS. This network comprises of several stakeholders, where there is increased flux of information and material flows and this could be effectively represented using Bayesian Networks.
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Orr, Kristine R. "Organizational analysis of the United States Army Contracting Command-Kuwait." Monterey, Calif. : Naval Postgraduate School, 2008. http://edocs.nps.edu/npspubs/scholarly/JAP/2008/Sept/08Sep%5FOrr%5FJAP.pdf.
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"Submitted in partial fulfillment of the requirements for the degree of Master of Science in [Contract Management] from the Naval Postgraduate School, September 2008."Advisor(s): Yoder, E. Cory ; Simon, Cary A. ; Nalwasky, Richard. "September 2008." "Joint applied project"--Cover. Description based on title screen as viewed on October 31, 2008. Includes bibliographical references (p. 89-90). Also available in print.
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Cuskey, Jeffrey R. "An analysis of contracts awarded in the face of negative preaward survey recommendation." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1997. http://handle.dtic.mil/100.2/ADA331796.
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Thesis (M. S. in Management) Naval Postgraduate School, March 1997.Thesis advisor(s): Lamm, David V. ; Shockley, Danny A. AD-A331 796. "March 1997." Includes bibliographical references (p. 141-148). Also available online.