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Journal articles on the topic 'Contract choice'

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

Bagchi, Aditi. "Voluntary Obligation and Contract." Theoretical Inquiries in Law 20, no. 2 (2019): 433–55. http://dx.doi.org/10.1515/til-2019-0017.

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Abstract Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not reflect our individual moral constitutions — our values, virtues, vices, the s

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2

Karakostas, Alexandros, Axel Sonntag, and Daniel John Zizzo. "Contract Choice: Efficiency and Fairness in Revenue‐Sharing Contracts." Scandinavian Journal of Economics 119, no. 4 (2017): 962–86. http://dx.doi.org/10.1111/sjoe.12200.

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3

Bigey, N. "Employment contracts: the inherent dangers of the fixed-term contract." Journal of Dentofacial Anomalies and Orthodontics 21, no. 4 (2018): 408. http://dx.doi.org/10.1051/odfen/2018096.

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Hiring an employee can be risky, especially when choosing the contract that will bind the employer to the employee. It is essential to choose a suitable contract. Oftentimes, the preferred choice is a fixed-term contract. If the reason for this choice is contested, the financial consequences may be exorbitant.

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4

Kopel, Michael, Mario Pezzino, and Anna Ressi. "Location Choice and Contract Bargaining." Managerial and Decision Economics 37, no. 2 (2015): 140–48. http://dx.doi.org/10.1002/mde.2732.

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5

Chaudhary, Ajay. "Freedom of Choice under Indian Contract Act: A Critical Evaluation." Journal of Advances and Scholarly Researches in Allied Education 15, no. 4 (2018): 185–88. http://dx.doi.org/10.29070/15/57405.

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6

Dagan, Hanoch, and Michael Heller. "Freedom, Choice, and Contracts." Theoretical Inquiries in Law 20, no. 2 (2019): 595–635. http://dx.doi.org/10.1515/til-2019-0023.

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Abstract In “The Choice Theory of Contracts,” we explain contractual freedom and celebrate the plurality of contract types. Here, we reply to critics by refining choice theory and showing how it fits and shapes what we term the “Contract Canon”. I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge with choice theory. (2) Nathan Oman argues for a commerce-enhancing account of autonomy. We counter that he arbitrarily slights noncommercial spheres central to human interaction. (3) Yitzhak Benbaji suggests that choice theory’s commitmen

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7

Liu, Bo, and Tien Foo Sing. "Unobservable Risks in Mortgage Contract Choice." Real Estate Economics 41, no. 4 (2013): 958–85. http://dx.doi.org/10.1111/reec.12014.

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8

Li, Bai Xun, Qi Wei, and Min Zhou. "Equilibrium Strategies of Contract Choice Game between Supply Chains with Uncertain Demand." Advanced Materials Research 655-657 (January 2013): 2348–51. http://dx.doi.org/10.4028/www.scientific.net/amr.655-657.2348.

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Applying competing newsvendor model, we studied the contract choice games between supply chains, each consisting of one manufacturer and one retailer. We investigated the effect of the competition intensity on the equilibrium strategies of contract choice games. It can be found that, counter to the earlier literature, in the context of competing supply chains, the choices of quantity-discount contracts are the Nash equilibrium structure for both manufacturers, however, the manufacturers will get into classic prisoners’ dilemma if the degree of competition intensity is high.

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9

Amalia, Rizky, Hilda Yunita Sabrie, and Widhayani Dian. "The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia." FIAT JUSTISIA:Jurnal Ilmu Hukum 12, no. 2 (2018): 170. http://dx.doi.org/10.25041/fiatjustisia.v12no2.1306.

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Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of

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10

Kalnins, A. "Relationships and Hybrid Contracts: An Analysis of Contract Choice in Information Technology." Journal of Law, Economics, and Organization 20, no. 1 (2004): 207–29. http://dx.doi.org/10.1093/jleo/ewh030.

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11

Elliehausen, Gregory E., and Min Hwang. "Mortgage Contract Choice in Subprime Mortgage Markets." Finance and Economics Discussion Series 2010, no. 53 (2010): 1–50. http://dx.doi.org/10.17016/feds.2010.53.

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12

Juenger, Friedrich K. "Contract Choice of Law in the Americas." American Journal of Comparative Law 45, no. 1 (1997): 195. http://dx.doi.org/10.2307/840964.

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13

Allen, D. "The role of risk in contract choice." Journal of Law, Economics, and Organization 15, no. 3 (1999): 704–36. http://dx.doi.org/10.1093/jleo/15.3.704.

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14

Pierce, David G. "Post-Formation Choice Of Law In Contract." Modern Law Review 50, no. 2 (1987): 176–201. http://dx.doi.org/10.1111/j.1468-2230.1987.tb02571.x.

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15

Akşin, O. Zeynep, Francis de Véricourt, and Fikri Karaesmen. "Call Center Outsourcing Contract Analysis and Choice." Management Science 54, no. 2 (2008): 354–68. http://dx.doi.org/10.1287/mnsc.1070.0823.

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16

Fried, Charles. "Contract as Promise: Lessons Learned." Theoretical Inquiries in Law 20, no. 2 (2019): 367–79. http://dx.doi.org/10.1515/til-2019-0014.

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Abstract In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller state that by arguing “that autonomy matters centrally to contract,” Contract as Promise makes an “enduring contribution . . . but [its] specific arguments faltered because [they] missed the role of diverse contract types and because [it] grounded contractual freedom in a flawed rights-based view. . .. We can now say all rights-based arguments for contractual autonomy have failed.” The authors conclude that their proposed choice theory “approach returns analysis to the mainstream of twentieth-century liberalism – a tra

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17

Ma, Wanglin, and Awudu Abdulai. "Linking apple farmers to markets." China Agricultural Economic Review 8, no. 1 (2016): 2–21. http://dx.doi.org/10.1108/caer-04-2015-0035.

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Purpose – The purpose of this paper is to investigate the determinants of marketing contract choices including written contracts, oral contracts and no contracts, as well as to examine the impact of marketing contracts on net returns from apple production in China. Design/methodology/approach – A two-stage selection correction approach (Bourguignon, Fournier, and Gurgand (BFG)) for the multinomial logit model is employed to estimate the impact of marketing contracts on net returns from apple production. On the basis of the BFG estimation, the authors also use an endogenous switching regression

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18

Benbaji, Yitzhak. "Contract Law in a Just Society." Theoretical Inquiries in Law 20, no. 2 (2019): 411–32. http://dx.doi.org/10.1515/til-2019-0016.

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Abstract This Article challenges Hanoch Dagan and Michael Heller’s choice theory of contract, according to which contract law is autonomy-enhancing. I make three points: first, the choice theory of contract cannot clarify the critical normative distinction between enforceable formal contracts and unenforceable informal promises. Second, I develop the roads/contract-types analogy: instead of promoting individuals’ autonomy and enhancing their choice among different projects, most contract types are justified by the preexisting preferences of citizens. Finally, I outline a teleological justifica

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19

Ge, Ling, Xiaoyan Wang, and Zhilin Yang. "The strategic choice of contract types in business process outsourcing." Business Process Management Journal 27, no. 5 (2021): 1569–89. http://dx.doi.org/10.1108/bpmj-11-2020-0493.

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PurposeHow to determine the appropriate contractual structure for an outsourcing relationship has been a major theme in the business process outsourcing (BPO) literature. Drawing on transaction cost economics, this study aims to examine how anticipated coordination and adaptation costs in a BPO relationship affect the choice of contract types. Specifically, this research categorizes contracts types (fixed-price, time and materials and hybrid contracts) based on levels of contract design comprehensiveness and flexibility to change.Design/methodology/approachThe research setting is the BPO for a

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20

Esposito, Fabrizio. "Carrying the Choice Theory of Contracts Further: Transfers, Welfare, and the Size of the Community." European Review of Contract Law 15, no. 3 (2019): 297–334. http://dx.doi.org/10.1515/ercl-2019-0018.

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Abstract The Choice Theory of Contracts is an ambitious, concise, and largely successful contribution to contract theory. Choice Theory is a liberal theory of contract law, grounded in a rich notion of autonomy, which stresses the obligation of the legal system to enhance our autonomy by ensuring the multiplicity of contractual types within the spheres of family, employment, home, and commerce.This article mitigates three shortcomings in The Choice Theory of Contracts and tries to carry Choice Theory further. A first shortcoming of the book is that the critique of transfer theory fails to ackn

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21

Slade, Margaret E. "Multitask Agency and Contract Choice: An Empirical Exploration." International Economic Review 37, no. 2 (1996): 465. http://dx.doi.org/10.2307/2527333.

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22

DUSANSKY, RICHARD, and ÇAGATAY KOÇ. "HEALTH CARE, INSURANCE, AND THE CONTRACT CHOICE EFFECT." Economic Inquiry 44, no. 1 (2006): 121–27. http://dx.doi.org/10.1093/ei/cbj007.

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23

Lahiri, Somdeb. "A weak bargaining set for contract choice problems." Research in Economics 61, no. 4 (2007): 185–90. http://dx.doi.org/10.1016/j.rie.2007.10.002.

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24

Bishop, William. "The Choice of Remedy for Breach of Contract." Journal of Legal Studies 14, no. 2 (1985): 299–320. http://dx.doi.org/10.1086/467774.

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25

Lahiri, Somdeb. "Stable Outcomes for Two-Sided Contract Choice Problems." Computational & Mathematical Organization Theory 10, no. 4 (2005): 323–34. http://dx.doi.org/10.1007/s10588-005-6284-0.

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26

Ginevičius, R., and S. Čirba. "THE CHOICE OF BUILDING CONTRACT PARAMETERS BY COMPETITION." Statyba 4, no. 2 (1998): 143–47. http://dx.doi.org/10.1080/13921525.1998.10531394.

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27

Goodwin, Kimberly R. "Bargaining Power and the Choice of Brokerage Contract." Journal of Housing Research 28, no. 1 (2019): 129–44. http://dx.doi.org/10.1080/10835547.2019.12092156.

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28

Luft, Joan. "Bonus and penalty incentives contract choice by employees." Journal of Accounting and Economics 18, no. 2 (1994): 181–206. http://dx.doi.org/10.1016/0165-4101(94)00361-0.

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29

Arimoto, Yutaka. "State-contingent rent reduction and tenancy contract choice." Journal of Development Economics 76, no. 2 (2005): 355–75. http://dx.doi.org/10.1016/j.jdeveco.2003.12.017.

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30

Vesterberg, Mattias. "The effect of price on electricity contract choice." Energy Economics 69 (January 2018): 59–70. http://dx.doi.org/10.1016/j.eneco.2017.10.039.

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31

Paolini, Dimitri, and Juan de Dios Tena. "Short or long-term contract? Firm’s optimal choice." Empirica 39, no. 1 (2011): 1–18. http://dx.doi.org/10.1007/s10663-010-9152-1.

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32

Ali, Moh, and Agus Yudha Hernoko. "Characteristics of Party autonomy in a Transnational Electronic Consumer Contract." Yuridika 35, no. 1 (2019): 55. http://dx.doi.org/10.20473/ydk.v35i1.15105.

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International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Pap

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33

Hutabarat, Samuel. "HARMONISASI HUKUM KONTRAK DAN DAMPAKNYA PADA HUKUM KONTRAK INDONESIA." Veritas et Justitia 2, no. 1 (2016): 112. http://dx.doi.org/10.25123/vej.2068.

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<p><em>International commercial contracts are contracts closed by parties coming from different countries or made under “foreign” legal systems. Parties may have different understandings about how to read the contract and therefore it is of importance to include in the contract a provision on settlement of disputes containing choice of forum and/or choice of law. A different way to prevent conflicts and disputes stemming from the interpretation and implementation of international commercial contracts is by way of harmonization of national contract laws. Indonesia as an active membe

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34

KOPAČ, ERIK, and JANJA VUGA. "POSAMEZNIKOVO ODLOČANJE ZA ZAPOSLITEV V POGODBENI REZERVI SLOVENSKE VOJSKE." CONTEMPORARY MILITARY CHALLENGES, VOLUME 2013/ ISSUE 15/1 (May 30, 2013): 85–102. http://dx.doi.org/10.33179//bsv.99.svi.11.cmc.15.1.5.

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Ob prehodu na poklicno popolnjevanje je proučevanje posameznikovega odločanja za različne oblike vojaške službe postalo zelo pomembno, saj so se oborožene sile soočile s konkurenčnimi iskalci delovne sile, s katerimi pogosto glede na ugodnosti, ki jih lahko ponudijo, in glede na posebnosti in zahtevnost dela težko tekmujejo. V primerjavi s proučevanjem pridobivanja in zadrževanja kadra za stalno sestavo oboroženih sil so analize, ki se ukvarjajo s pridobivanjem in zadrževanjem kadra za rezervno sestavo, predvsem zaradi pomanjkanja podatkov, veliko redkejše. S socio- -psihološkim proučevanjem s

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35

Sørensen, Rune J., and Jostein Grytten. "Service production and contract choice in primary physician services." Health Policy 66, no. 1 (2003): 73–93. http://dx.doi.org/10.1016/s0168-8510(03)00026-5.

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36

Cho, Sung-II. "A model for IPO pricing and contract choice decision." Quarterly Review of Economics and Finance 41, no. 3 (2001): 347–64. http://dx.doi.org/10.1016/s1062-9769(00)00078-8.

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37

Santiago, Michelle, and Michael Sykuta. "Regulation and Contract Choice in the Distribution of Wine." Journal of Wine Economics 11, no. 2 (2016): 216–32. http://dx.doi.org/10.1017/jwe.2015.34.

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AbstractThe wine industry in the United States has grown tremendously over the past few decades, from fewer than 1,000 wineries in 1980 to upward of 8,500 today. The growth has occurred over a period that has seen substantial changes in the structure of the wine industry, the modes of distribution available to wineries, and the regulations governing them. Most economic research, however, has focused on supply relations between wineries and wine grape growers rather than between wineries and their downstream markets. In this article, we examine wineries' contracting behavior with downstream dis

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38

Dagan, Hanoch. "The value of choice and the justice of contract." Jurisprudence 10, no. 3 (2019): 422–33. http://dx.doi.org/10.1080/20403313.2019.1658448.

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39

Allen, Douglas, and Dean Lueck. "Contract Choice in Modern Agriculture: Cash Rent versus Cropshare." Journal of Law and Economics 35, no. 2 (1992): 397–426. http://dx.doi.org/10.1086/467260.

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40

Tarfasa, Solomon, Roy Brouwer, Oleg Sheremet, and Jetske Bouma. "Informing water harvesting technology contract design using choice experiments." Water Resources Research 53, no. 10 (2017): 8211–25. http://dx.doi.org/10.1002/2016wr020154.

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41

Piano, Ennio. "Coase Goes to War: Contract Choice on the Battlefield." Revue d'économie politique 130, no. 6 (2020): 1001. http://dx.doi.org/10.3917/redp.306.0159.

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42

Berezinets, Irina V., Nikolay A. Zenkevich, Alina S. Rucheva, and Natalia K. Nikolchenko. "Do the buyback contracts of undistributed stocks coordinate the supply chain?" Vestnik of Saint Petersburg University. Management 19, no. 4 (2020): 461–92. http://dx.doi.org/10.21638/11701/spbu08.2020.403.

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The concept of supply chain coordination implies that it is possible to obtain an optimal result for both independent chain participants and supply chain due to participants’ coordinated actions. This paper examines the question whether a buyback contract will be coordinating or not. The authors argue that a coordinating buyback contract should have the following substantive properties: practical feasibility, collective and individual rationality. The paper off ers a mathematical defi nition of a coordinating buyback contract which highlights these properties. Entering into buyback contract pr

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43

Tolhurst, G. J., and J. W. Carter. "PROHIBITIONS ON ASSIGNMENT: A CHOICE TO BE MADE." Cambridge Law Journal 73, no. 2 (2014): 405–34. http://dx.doi.org/10.1017/s0008197314000440.

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AbstractIn recent years two views have developed as to the efficacy of prohibitions on the assignment of contractual rights. One view, “the property view”, dictates that such prohibitions characterise contractual rights as choses in action and robs them of their transferable nature. Another view, “the contract view”, dictates that such prohibitions operate only at the level of contract and cannot prevent the equitable assignment of the benefit of a contract. Both views have judicial and academic support. The view that is ultimately adopted will have important implications for contract drafting

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44

Berling, Peter, and Fredrik Eng-Larsson. "Environmental implications of transport contract choice - capacity investment and pricing under volume and capacity contracts." European Journal of Operational Research 261, no. 1 (2017): 129–42. http://dx.doi.org/10.1016/j.ejor.2017.01.056.

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45

Sergeeva, Olga V. "LAW SELECTION BY THE PARTICIPANTS OF TRANSBORDER ONLINE CONTRACTUAL RELATIONS: EXPERIENCE OF THE USA AND THE EUROPEAN UNION." Public international and private international law 6 (October 29, 2020): 34–38. http://dx.doi.org/10.18572/1812-3910-2020-6-34-38.

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The practice of realization in the USA and European Union of the parties’ autonomy due to the choice of law, applicable to the cross-border online-contract is explored in the article. Particularly the problems of the choice of law, applicable to the cross-border online-contracts B2B (business to business), B2C (business to consumer) и C2C (consumer to consumer) are analyzed. The question is raised about the fairness of undiscussible clause, considering the choice of law, applicable to the online-contract involving consumers. According to the doctrine, legislation and practice the procedural an

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46

Kreitner, Roy. "Money Talks: Institutional Investors and Voice in Contract." Theoretical Inquiries in Law 20, no. 2 (2019): 511–35. http://dx.doi.org/10.1515/til-2019-0020.

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Abstract Contracts are the building blocks of markets, where participation is typically understood through choice: to buy or not to buy, and if so, from whom? In other words, contract choices allow participation by exit, with little need for discussion. However, in some instances markets may be open to a fair degree of voice. Market behavior is not always a take it or leave it endeavor, and market participation does not always entail the kind of passivity associated with the role of the price taker. At least when some contract parties put their minds to it, markets may retreat from the mechani

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47

Albalate, Daniel, Germà Bel, and Eoin Reeves. "Government choice between contract termination and contract expiration in re-municipalization: a case of historical recurrence?" International Review of Administrative Sciences 87, no. 3 (2021): 461–79. http://dx.doi.org/10.1177/00208523211002608.

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Since the early 2000s, the terms ‘re-municipalization’ and ‘reverse privatization’ entered the lexicon as several examples emerged of governments taking ownership of assets and services that had previously been privatized or outsourced. Various methods are used to implement re-municipalization decisions and differences are observed across countries and sectors. The approaches most frequently adopted are re-municipalization through contract termination and contract expiration. We utilize a wide database of re-municipalizations worldwide to analyse the factors that influence governments’ choice

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48

Bagchi, Aditi. "Would Reasonable People Endorse a ‘Content-Neutral’ Law of Contract?" European Review of Contract Law 17, no. 2 (2021): 245–55. http://dx.doi.org/10.1515/ercl-2021-0012.

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Abstract This essay raises two challenges to Peter Benson’s compelling new account of contract law. First, I argue that Benson’s use of the concept of reasonableness goes beyond the Rawlsian account to require that we impute to others a capacity to transcend their contingent circumstances in the context of contractual choice. In fact, our choices in contract are driven by external contingencies and it is only reasonable to take those constrains on other people’s choices into account. Second, I contest Benson’s related claim that contract law should be, and largely is, content-neutral. I argue

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49

Szydlowski, Martin. "Incentives, project choice, and dynamic multitasking." Theoretical Economics 14, no. 3 (2019): 813–47. http://dx.doi.org/10.3982/te2858.

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I study the optimal choice of projects in a continuous‐time moral hazard model with multitasking. I characterize the distortions caused by moral hazard and the dynamics of the firm's project choice. Both overinvestment and underinvestment relative to a net present value (NPV) criterion can occur on the path of the contract. As past performance increases, the firm chooses projects that require higher pay–performance sensitivity. When the continuation value is large, investment projects are chosen more efficiently, and project choice depends more on the NPV and less on the incentive costs. I imp

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50

Grabicki, Fabian, and Roland Menges. "Consumer Responsibility and the Transformation Process of the Electricity Market: Insights From Behavioral Decision ResearchDate submitted: October 27, 2017Revised version accepted after double blind review: November 11, 2018." management revue 30, no. 2-3 (2019): 312–30. http://dx.doi.org/10.5771/0935-9915-2019-2-3-312.

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Since the 1990s, consumer research has looked for causes that could explain the absence of switching behavior of electricity consumers in liberalized electricity markets. Recent decision theory findings suggest that this absence of switching behavior is due to the so-called status quo bias. The status quo bias reflects the tendency of individuals to prefer the actual situation disproportionately (Samuelson & Zeckhauser, 1988). Using the insights of this particular bias, an economic experiment was designed to empirically test the influence of the status quo bias. In a choice-based conjoint

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