Journal articles: 'Contract formation'

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Gordley, James. "Mistake in Contract Formation." American Journal of Comparative Law 52, no. 2 (2004): 433. http://dx.doi.org/10.2307/4144457.

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Bottoni, Francesco. "Partial Agreement and Contract Formation." European Business Law Review 31, Issue 2 (April 1, 2020): 337–44. http://dx.doi.org/10.54648/eulr2020014.

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The article discusses the possibility for contracts to be partially formed or not fully complete under the Italian Civil Code and how these are to be treated in relation to enforcement and remedies. Partial agreement, incomplete contract, letter of intent, pre-contractual liability, breach

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Rasmusen, E. "Agency Law and Contract Formation." American Law and Economics Association 6, no. 2 (August 1, 2004): 369–409. http://dx.doi.org/10.1093/aler/ahh012.

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Beever, Allan. "Agreements, Mistakes, and Contract Formation." King's Law Journal 20, no. 1 (February 2009): 21–51. http://dx.doi.org/10.1080/09615768.2009.11427719.

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Davies, Paul S. "CONTRACT FORMATION AND IMPLIED TERMS." Cambridge Law Journal 77, no. 1 (March 2018): 22–25. http://dx.doi.org/10.1017/s0008197318000181.

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WELLS was struggling to sell some flats. He mentioned this to a neighbour, who put Wells in touch with Devani. Wells and Devani spoke over the telephone. The trial judge found that Devani told Wells that he was an estate agent, and his usual commission was 2% + VAT. Wells agreed to this, but the parties did not expressly agree upon what was to trigger the commission. Devani subsequently introduced a purchaser to Wells who bought the flats. Was there a binding contract between Wells and Devani? Lewison and McCombe L.JJ. answered “No” (Wells v Devani [2016] EWCA Civ 1106, [2017] Q.B. 959). The trial judge and Arden L.J., dissenting in the Court of Appeal, answered “Yes”. The Supreme Court has granted permission to appeal. It is to be hoped that the Justices will clarify the important issues of contract law raised by these simple facts and allow the appeal.

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Gardiner, Caterina. "Principles of Internet contracting: Illuminating the shadows." Common Law World Review 48, no. 4 (December 2019): 208–32. http://dx.doi.org/10.1177/1473779519891731.

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The common law that applies to Internet contract formation could be said to exist in a penumbra—a grey area of partial illumination between darkness and light—where it may be possible to lose sight of established contract law principles. Internet contracts raise difficult issues relating to their formation that challenge traditional contract doctrine. Analysis of case law from the United States, United Kingdom and Ireland illustrates that the courts have not applied contract formation doctrine in a principled or consistent way. There is a tendency for decisions to be reached for policy reasons, for example, to facilitate the development of e-commerce, or to achieve a result that is considered fair, rather than on sound principles of contract law. There may also be some uncertainty arising from the relationship between statutory consumer protection rules and common law contract formation doctrine. The enforceability of Internet contracts in the common law courts remains unpredictable. This article argues that although Internet contracting may raise distinctive contract formation issues, it is possible for the judiciary to invoke the inherent flexibility of the common law, to take into account the specific characteristics of Internet contracts, while still adhering to established contract law doctrine and maintaining a principled approach.

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Marinova, Diana. "GOOD FAITH IN THE CONTRACT FORMATION." LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 4, no. 1 (2021): 88–114. http://dx.doi.org/10.36997/lbcs2021.88.

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Lorenzo, Sasso. "Certain Comparative Noteson Electronic Contract Formation." Law. Journal of the Higher School of Economics, no. 1 (March 10, 2016): 216–131. http://dx.doi.org/10.17323/2072-8166.2016.1.216.231.

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Subaty, Muhammad, and Mostafa Elsan. "Contract Formation Using Automated Message System: Survey of Islamic Contract Law." Arab Law Quarterly 23, no. 2 (2009): 167–80. http://dx.doi.org/10.1163/157302509x415684.

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AbstractThe issues discussed are the legal aspects of creating contracts using Automated Message Systems. For example, should a transaction or series of contracts be nullified after the right to withdraw has been exercised? The right to withdraw was created to protect a “natural person” unable to correct a human input error in an automated system. Interpretation of contracts under Islamic law concerning this and related topics is presented.

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Janssen, André, and Mateja Djurovic. "The Formation of Blockchain-based Smart Contracts in the Light of Contract Law." European Review of Private Law 26, Issue 6 (December 1, 2018): 753–71. http://dx.doi.org/10.54648/erpl2018053.

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Abstract: This contribution examines the formation of (blockchain-based) smart contracts. The term smart contract is used to refer to software programmes which are often, but not necessarily, built on blockchain technology as a set of promises, specified in digital form, including protocols within which the parties perform on these promises. It is regularly said that smart contracts are neither legal contracts in the traditional sense nor they are smart and that the term is therefore a misnomer. The crucial question this article is trying to answer is whether the traditional common law concept of contract formation is seriously challenged by the rise of smart contracts. As such, are smart contracts marking the end of contract formation as we know it or is it just much ado about nothing? Résumé: Cette contribution examine la formation de contrats intelligents (basés sur la blockchain). Le terme de contrat intelligent est utilisé pour faire référence aux programmes de software qui sont souvent, mais pas nécessairement, conçus sur la technologie de la blockchain comme un ensemble de promesses, spécifiées sous forme digitale, comprenant des protocoles au sein desquels les parties accomplissent ces promesses.On a souvent dit que les contrats intelligents ne sont ni des contrats juridiques au sens traditionnel ni intelligents et que le terme est donc inapproprié. La question cruciale à laquelle le présent article tente de répondre est de savoir si le concept traditionnel dans la common law de la formation du contrat est sérieusement mis au défi par l’arrivée des contrats intelligents. Comme tels, les contrats intelligents marquent-ils la fin de la formation des contrats telle que nous la connaissons ou ne s’agit-il finalement que de ‘beaucoup de bruit pour rien’?

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11

Kryczka, Katarzyna. "Electronic Contracts and the Harmonization of Contract Laws in Europe - An Action Required, A Mission Impossible?" European Review of Private Law 13, Issue 2 (April 1, 2005): 149–70. http://dx.doi.org/10.54648/erpl2005010.

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The use of information technologies allows parties to enter into contracts in a manner that provides speed, ease, on a mass scale and with a cross?border range with which traditional means of contracting cannot easily compare. It also impacts several traditional concepts of contract law and the legal criteria based thereon. The focus of this paper is on the formation of contracts by electronic means. The ongoing discussion has resulted in establishing in the Member States certain legal rules aimed at answering the questions raised by the procedure of contract formation by electronic means. It is argued that, in order to promote electronic commerce in Europe and to eliminate the lack of predictability connected with electronic transactions, the harmonization of such rules at the European level could be the appropriate means. It is submitted that harmonizing the law concerning the formation of electronic contracts should not be made in isolation of the efforts aimed at the harmonization of contract law in general such as the Principles of European Contract Law. Therefore, the article further reflects on the applicability, for the purpose of electronic commerce transactions, of the provisions of the Principles of European Contract Law dealing with contract formation.

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12

Kim, Sang Man. "A comparative study of the CISG and the North Korean contract law as to formation of a contract." Journal of International Trade Law and Policy 19, no. 1 (February 27, 2020): 36–50. http://dx.doi.org/10.1108/jitlp-07-2019-0046.

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Purpose North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance. Design/methodology/approach This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract. Findings The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law. Practical implications The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea. Originality/value This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.

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13

Gao, Qingchen. "New Developments in Freedom of Contract in the Civil Code’s Contracts Section." Learning & Education 10, no. 2 (September 16, 2021): 235. http://dx.doi.org/10.18282/l-e.v10i2.2339.

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Under the new development pattern, China’s economy is facing a new turning point, respecting the autonomy of the parties, which is the inherent requirement of economic development and the endogenous logic of civil law. The freedom of contract is a late start in China, but it has developed extremely rapidly.Civil Code’s Contracts section develops freedom of contract in terms of the expansion of contract formation, softening of contract validity, and changes in contract interpretation provisions. By clarifying the new development of freedom of contract in the Civil Code, we can get a glimpse of the path chosen by the Civil Code for the modernization of our economy and its response to the main contradictions of our society.

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14

Etherton, Terence. "Contract Formation and the Fog of Rectification." Current Legal Problems 68, no. 1 (2015): 367–85. http://dx.doi.org/10.1093/clp/cuv007.

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15

Sherman, Ultan P., and Michael J. Morley. "On the Formation of the Psychological Contract." Group & Organization Management 40, no. 2 (March 15, 2015): 160–92. http://dx.doi.org/10.1177/1059601115574944.

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16

Powers, Michael R., Joseph Qiu, April Shen, and Zhan Shen. "Effects of Competition on Insurance Contract Formation." North American Actuarial Journal 20, no. 3 (July 2, 2016): 298–312. http://dx.doi.org/10.1080/10920277.2016.1191995.

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17

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

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18

Intigam Garayeva, Aysel. "“THE DEATH” OF CONTRACTS AS A RESULT OF VOIDING: VOID OR VOIDABLE?" SCIENTIFIC WORK 15, no. 3 (March 24, 2021): 102–5. http://dx.doi.org/10.36719/2663-4619/64/102-105.

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Parties conclude a contract for creation and termination of contractual rights and obligations as the existence of a contract ensures parties to face unexpected situations. A valid contract means it is legally binding and enforceable and the formation of a legally binding contract must entail some essential and basic elements. But in some cases, even though the contract meets all basic elements for its validation it can be invalid. If a contract is invalid, it will be annulled from the very beginning, therefore the invalidity has a retroactive effect. Some defects render a contract void, while others make it voidable. This article clarifies types of invalid contracts on the basis of the element of dispute, main characteristic features of void and voidable contracts, dispute period in invalid transactions and grounds that lead to voiding a contract. Key words: defects, the death of contracts, void contracts, voidable contracts, invalidity, grounds for voiding

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19

Ulen, Thomas S. "Behavioral Contract Law." Review of Law & Economics 17, no. 2 (July 1, 2021): 281–322. http://dx.doi.org/10.1515/rle-2021-0067.

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Abstract This article explores some behavioral findings that are relevant to three areas of contract: formation, performance, and remedies. I compare the rational choice theory analysis of various aspects of contract law with how behavioral findings lead to a change in our understanding of that area of law. A penultimate section considers several criticisms of behavioral economics. A concluding section calls for altering some settled understandings of contract law to accommodate behavioral results and for further research about some still uncertain aspects of contracting.

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20

McLauchlan, David W. "A Contract Contradiction." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 175. http://dx.doi.org/10.26686/vuwlr.v30i1.6019.

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This article attacks the well established principle of the law of contract that evidence of the parties' negotiations and subjective intentions is not receivable in an interpretation dispute. It argues that the principle is inconsistent with equally well established principles of contract formation. Numerous other reasons for rejecting the principle, including the absence of convincing practical or policy grounds, are also identified and discussed. The author concludes that the courts should never enforce an agreement in accordance with a meaning which reliable evidence may show is contrary to the actual intentions of the parties.

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Sotivoldievich, Boltaev Mansurjon. "CONCEPT OF VOLUNTARY HEALTH INSURANCE CONTRACT." American Journal of Political Science Law and Criminology 03, no. 01 (January 1, 2022): 73–79. http://dx.doi.org/10.37547/tajpslc/volume04issue01-12.

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This article states that, unlike compulsory health insurance, voluntary health insurance is based on the freedom of contract, agreement of the parties and voluntary determination of the insured event, insurance conditions, types of medical services provided, sum insured. Therefore, the concept and features of the contract of voluntary medical insurance, the procedure for its conclusion, the importance of determining the subject of the contract are investigated. Also important is the role of the voluntary medical insurance contract in the system of insurance relations, the procedure and conditions for its application in the legislation and the formation of a special legal framework governing these relations. The article analyzes the concept and features of a medical insurance contract.

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Pleniuk, Mariana. "Lifetime maintenance (care) contract: origin, formation, legal characteristic." New Ukrainian Law, no. 2 (2021): 35–42. http://dx.doi.org/10.51989/nul.2021.2.5.

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A. Kadir, Rokiah. "Contract Formation via Email: The Position in Malaysia." International Journal of Interdisciplinary Studies in Communication 7, no. 4 (2014): 13–21. http://dx.doi.org/10.18848/2324-7320/cgp/v07i04/53582.

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Adams, Samuel, Fanny Adams Quagrainie, and Edem Kwame Mensah Klobodu. "Psychological contract formation: The influence of demographic factors." International Area Studies Review 17, no. 3 (September 2014): 279–94. http://dx.doi.org/10.1177/2233865914545523.

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Johari, Ramesh, Shie Mannor, and John N. Tsitsiklis. "A contract-based model for directed network formation." Games and Economic Behavior 56, no. 2 (August 2006): 201–24. http://dx.doi.org/10.1016/j.geb.2005.08.010.

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26

Siems, Mathias M. "’Unevenly Formed Contracts’: Ignoring the ’Mirror of Offer and Acceptance’." European Review of Private Law 12, Issue 6 (December 1, 2004): 771–88. http://dx.doi.org/10.54648/erpl2004044.

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According to Article 2:211 of the Principles of European Contract Law, the rules on the formation of a contract apply with appropriate adaptations for contracts which are not concluded through offer and acceptance. How this is to be done, however, is not specified in detail. Furthermore, it is not clear when the conclusion of a contract cannot be divided into offer and acceptance. This article will, therefore, look at these ?unevenly formed contracts?, analysing in which areas of law they can be found, and how the conclusion of these contracts can be ascertained. Since contract law often focuses on the standard model of offer and acceptance, it will also be indicated which parts of contract law might require different applications for ?unevenly formed contracts?.

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Florea, Dumitriţa, and Narcisa Galeş. "Franchise Contract in International Trade Law." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 12–22. http://dx.doi.org/10.18662/eljpa/9.2/178.

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The international contract is of interest to all states because of its value. It represents a way in which international exchanges can be realized, its role in international economic relations giving the parties the opportunity to use the advantages of arbitration and autonomy of will. The main legal instrument used to promote international relations is the contract. Compared to other fields, the legal relationships resulting from contracts are numerous and frequent. International trade contracts are distinguished by certain particularities, because according to their nature, they constitute a form of contracts regarding commercial activity. However, international trade contracts, compared to domestic contracts, do not remain subject to national law and differ from them by the existence of specific elements of internationality. An important moment in the existence of a contract is that of formation. All aspects related to the formation of contractual relations are influenced by the exact knowledge and correct application of the practice of concluding the contract. International trade contracts differ from commercial contracts concluded between participants in domestic trade by means of the extraneous element it contains, an element that, together with the commerciality element, delimits the international trade contract from the other contracts that are regulated by the rules of general law. From the category of contracts that are part of the field of international trade law, the franchise contract has had a rapid evolution, having the ability to adapt and introduce new services, products and techniques to the market, the extent of which has taken over time having practically no tendency to decrease nowadays, more and more merchants end up concluding such contracts. Thus, the franchise contract is both a relatively safe and cheap method of obtaining profit, as well as the most agreeable tool of globalization, attributed to the current consumer society.

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Koontz, Stephen R., Michael A. Hudson, and Matthew W. Hughes. "Livestock Futures Markets And Rational Price Formation: Evidence For live Cattle And Live Hogs." Journal of Agricultural and Applied Economics 24, no. 1 (July 1992): 233–49. http://dx.doi.org/10.1017/s0081305200026157.

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AbstractThe efficiency of livestock futures markets continues to receive attention, particularly with regard to their forward pricing or forecasting ability. The purpose of this paper is to present a more general theory that encompasses the forward pricing concept. It is argued that futures contract prices for competitively produced nonstorable commodities, such as live cattle and live hogs, follow a rational formation process. Futures contract prices reflect expected market conditions when contracts are sufficiently close to the delivery month that the supply of the underlying commodity cannot be changed. However, prior to the period when future supplies are relatively fixed, futures contract prices should adjust to reflect the competitive equilibrium, where output price equals average costs of production. Presented evidence suggests that live cattle and live hog futures markets support the rational price formation hypothesis: prices for distant contracts reflect average costs of feeding. Implications for risk management strategies are considered.

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Maleina, M. N. "The Contract for the Performance of Sociological Research Using the Questionnaire Method (Legal Qualification, Content of the Contract, Contract Formation)." Lex Russica, no. 4 (April 24, 2021): 23–32. http://dx.doi.org/10.17803/1729-5920.2021.173.4.023-032.

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Currently, neither conclusion nor execution of the contract for the performance of sociological research have legal regulation. The paper proves that the contract under consideration refers to civil contracts for the provision of services. Thus, in case of a dispute, the general rules of Chapter 39 of the Civil Code of the Russian Federation (“Reimbursable Services”) should be applied. The ICC/ESOMAR Code applies to sociological services relations if the parties in the agreement between them have stated the provisions of the ICC/ESOMAR. The essential terms of the contract for the performance of sociological studies using the questionnaire should include: the subject matter of the contract; the type and characteristics of the information collected; the method of research; the study respondents; confidentiality of respondents’ personal data; the term (period) and the place of the study. The subject matter of the contract under consideration covers the main actions of the parties: the performer conducts the sociological research (collects, purposefully processes and transmits certain information), and the customer accepts and pays for services rendered. The collected data is intended for establishing and analyzing social trends, patterns of social development, solving the problems of the society as a whole, population groups and a separate team. Non-essential terms of the contract for the performance of sociological studies using the questionnaire method include the terms stipulating the method of conducting the questionnaire, the quality of the research, the registration of the result of the study and the procedure for the transfer of information, the amount and procedure of remuneration for services rendered, the terms regulating liability for non-performance of the duties of the parties. The author proposes to enshrine in the law a simple written form of any kind of contract for the performance of sociological research regardless of the price of the contract, the personality of the customer and the performer indicating that failure to comply with the simple written form of the contract entails its invalidity.

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Jansen, N., and R. Zimmermann. "Contract Formation and Mistake in European Contract Law: A Genetic Comparison of Transnational Model Rules." Oxford Journal of Legal Studies 31, no. 4 (August 10, 2011): 625–62. http://dx.doi.org/10.1093/ojls/gqr011.

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31

Kumar, D. Ganesh, and Akshay Douglas Gudinho. "Consensus Ad Idem: A Plea for Objectivity in Telephonic Contracts." Christ University Law Journal 6, no. 1 (January 1, 2017): 41–56. http://dx.doi.org/10.12728/culj.10.3.

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Consensus Ad Idem, legally defined as „meeting of minds‟, at the time of the formation of a contract, warrants a cardinal jurisprudential question which transcends its mere literal meaning. In Indian Contract Law, the trend has followed the test of objectivity, whereby it is not the actual intent of the party or parties that enter into the contract that is the subject of judicial evaluation, but it is what a reasonable man would deliberate in the peculiar circumstances of the case. However, the evaluation of telephonic conversations merit intrinsic jurisprudential insight. While applying the objective test, the questions that arise are - is there legal certainty of assent to a contract over telephonic conversations i.e. whether there is free consent. Do the parties have the capacity to contract over telephone? What are the liabilities of the telephone operator and his legal bond to the contract between two or more contracting parties? Does it amount to violation of the fundamental rights to freedom of speech and expression and the right to privacy? The authors attempt to provide an objective analysis of communication in contracts over telephonic means and the constitutional environment embedded therein. To this end, a plea for due diligence prior to the formation of telephonic contracts shall be made in order to bring objectivity to the judicial evaluation of telephonic contracts.

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Hart, Danielle K. "If Past is Prologue, then the Future is Bleak: Contracts, Covid–19, and the Changed Circumstances Doctrines." Texas A&M Law Review 9, no. 2 (March 2022): 347–403. http://dx.doi.org/10.37419/lr.v9.i2.2.

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At the heart of most of the systemic problems currently confronting individuals and businesses as a result of the COVID–19 pandemic is quite literally a contract. Housing. Insurance. Food. Health care. Child care. Employment. Manufacturing. Construction. Supply chains. You name it. Contracts are implicated everywhere. So make no mistake: How contract law addresses these ostensibly private contracts will have profound social consequences. If the past really is prologue, then the future is indeed bleak. The empirical study conducted for this Article establishes what the conventional wisdom has claimed for the last 70 years. More specifically, the empirical study here shows that the common law’s changed circumstances doctrines (“CCDs”)—namely, impossibility, impracticability of performance, and frustration of purpose—will generally not excuse a party from performing his obligations under a contract, regardless of the changed circumstance he alleges. Contrary to all the CCD literature that addresses this issue, this Article makes the unconventional argument that the CCDs should be more broadly available, meaning they should be more successful in excusing contract performance when triggered by catastrophic circumstances. And unlike the rest of the field, which focuses on the CCDs themselves, this Article argues that to effectively address the allocation of unforeseen risks in general and catastrophic risks like a pandemic in particular, we must reframe the legal approach to contract formation. From there, given that the solution to the changed circumstances problem preferred by courts and commentators is an explicit risk-allocation term in the parties’ contract, the solution proposed in this Article to the risk-allocation problem literally suggests itself. A risk-and-loss-allocation clause should be mandated in most contracts as a part of contract formation. The type of risk-and-loss-allocation clause and how the clause would work would depend on whether the contract is co-drafted or adhesive. Generally, the inclusion of a risk-and-loss-allocation clause would facilitate transactions and encourage contracting by ensuring that contracts remain efficient and predictable. The main difference between the risk-and-loss-allocation clause proposed here and existing contract law, of course, is who ends up bearing all the risk and loss occasioned by the catastrophic changed circumstance. To be clear, if nothing changes and our approach to contract formation remains the same as it is right now, then all of the risk and all of the attendant loss will generally be left to lie where it falls—namely, on the party trying to get out of the contract because of the changed circumstances—and this will be the result regardless of the legal theory used to justify (or demonize) the CCDs or any changes made to the doctrines themselves. But if we finally acknowledge the public aspects of contracts and contract law, namely, that they do in fact produce social consequences that extend beyond the individual contract and contracting parties, then contracts and contract law may well be part of the solutions to some of the most pressing problems currently confronting American society now and into the future.

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Renner, Shirley. "Israeli Contract Law — Recent Trends and Evaluation." Israel Law Review 29, no. 3 (1995): 360–423. http://dx.doi.org/10.1017/s0021223700014709.

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Two questions are central in the law of contracts: first, what are the conditions necessary to the formation of a contract; second, what is the scope of the contractual obligation. The first question deals with the two basic requirements for the formation of a contract — offer and acceptance, whose substantive components are the intention to form a legal obligation and definiteness. It also deals with the substantive requirement of writing, in those classes of contracts in which it is required, and the requirement of consideration, in those legal systems in which it exists. The second question deals with those rules which determine the remedies for breach of contract such as specific performance, damages and restitution. In this article I shall try to identify and evaluate recent trends in Israeli law concerning these questions, as demonstrated by decisions of the Israeli Supreme Court, and to evaluate these trends by measuring their consistency with one another.

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Daryanto, Arief. "Contract Farming: Linking Farmers to Markets." Business and Entrepreneurial Review 6, no. 1 (October 19, 2016): 27. http://dx.doi.org/10.25105/ber.v6i1.1015.

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Contract farrning in Indonesia is a growing phenomenon. This paper examines the evolution of contract farming, and explores the incentives to engage in contract farming, preferred contract forms and contract performance from the perspective of both lndonesian farmers and contracting firms. Contract farming is characterized by a contract between a farmer and a firm that will process and/or market the farmer's crop. It has been a component of some of the most successful income generating programs for smallholder farmers; it has been a component of various schemes involving agribusiness firms. Smallholders may enter contracts to reduce transaction costs of accessing new markets, borrowing, managing risk, acquiring in formation or increasing employment opportunities. The success of contracts reflects both the contracting environment and management practices. Benefits from contracting accrue to smallholders from improved access to markets, improved technology, better management of risk and opportunities for employment of family members.

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MCCANNON, BRYAN C., COLLEEN TOKAR ASAAD, and MARK WILSON. "Contracts and trust: complements or substitutes?" Journal of Institutional Economics 14, no. 5 (November 6, 2017): 811–32. http://dx.doi.org/10.1017/s1744137417000522.

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AbstractSocial preferences and third-party enforcement of formal contracts are two mechanisms that facilitate performance of an agreement. The standard argument is that formal, enforceable contracts substitute when the social preferences of trust and trustworthiness are lacking. We explore the alternative hypothesis that trust and contract enforcement are complements. We measure social preferences from both a Trust Game and a social values survey, using them as explanatory variables in a Contract Game. We find that both increased contract enforcement and high trusting preferences lead to enhanced rates of contract formation and larger investments. There is an important interaction effect, where trusting individuals enter into agreements at a greater rate and make larger investments when enforcement is greater. Thus, contracts and trust complement one another.

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Handayani, Erna, Heru Kurnianto Tjahjono, and Akhmad Darmawan. "Uniqueness of psychological contract in a faith-based organization (FBO)." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 6 (October 26, 2020): 58–64. http://dx.doi.org/10.20525/ijrbs.v9i6.912.

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This study aims to explore the uniqueness of the psychological contract in the Faith-Based Organization (FBO). Psychological contracts, as part of the bond between individuals and organizations, are constantly evolving research. In line with the Conservation of Organizational Resources (COR) theory, organizations strive to defend their resources. Faith-Based Organization (FBO) is an organization with minimal written formal contracts. The bond with the members is a bond with the same values and goals. This research examines the psychological contract of FBO, from the aspects of formation, contribution, and violation. The formation of shared values which becomes the affective commitment of FBO members is specifically discussed because of the uniqueness of the organization with its ideological and religiosity sides. Using the lens of the COR theory, this study sees the psychological contract of the two elements of the FBO, namely members and organizations. This study is a literature review using traditional narrative methods. The results show that there have not been many in-depth studies of the psychological contract on religious organizations (FBO) with religious aspects that characterize the psychology of individuals in it. This study creates new gaps in research related to psychological contracts.

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Agarwal, Promila. "Role of Personality in the Formation of Psychological Contract." Global Business Review 18, no. 4 (May 15, 2017): 1059–76. http://dx.doi.org/10.1177/0972150917692407.

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The current research is aimed to investigate the association between personality and the formation of the psychological contract (PC) in India. A sample of 262 employees was used to test the hypotheses. The study provides the theoretical explanation beneath the association of personality and formation of the PC. It reveals how personality is associated with employee obligations and employer obligations. The findings have practical implications in managing the PC. The examination of the association of the PC (employee and employer obligations and fulfilment of obligations) and personality can have direct implications for human resource (HR) practitioners in managing their HR practices. The study adds to the theory of the PC by exploring one of the factors underlying the idiosyncratic nature of the PC.

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Heien, Dale. "Price Formation in the California Winegrape Economy." Journal of Wine Economics 1, no. 2 (2006): 162–72. http://dx.doi.org/10.1017/s1931436100000183.

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AbstractThis paper presents a theory of price determination for winegrapes in California. As the California wine economy developed, winegrape contracts took on a role as one of the centerpieces of this transformation. The theory is presented and it is shown how two important factors, weather and fi nancial uncertainty, served to shape the contracts. Hence, long term planting contracts for new vineyards, specifying the price, helped ameliorate the uncertainty to growers. Similarly, shorter contracts played a similar role for established vintners. The model deals with two types of growers: those with contracts made well before the year in question and those who will sign a contract in the Spring of the year of harvest. This paper hopes to illuminate these elements and their interaction. The model is then empirically estimated and tested. (JEL classifi cation: K12, Q11)

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Swaminathan, Shivprasad. "The Will Theorist’s Mailbox: Misunderstanding the Moment of Contract Formation in the Indian Contract Act, 1872." Statute Law Review 39, no. 1 (May 26, 2016): 14–26. http://dx.doi.org/10.1093/slr/hmw029.

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CRETU, Georgeta, and Camelia SPASICI. "THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT." Jurnalul de Studii Juridice 15, no. 3-4 (December 20, 2020): 30–42. http://dx.doi.org/10.18662/jls/15.3-4/73.

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This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.

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Allen, J. G. "Wrapped and Stacked: ‘Smart Contracts’ and the Interaction of Natural and Formal Language." European Review of Contract Law 14, no. 4 (November 29, 2018): 307–43. http://dx.doi.org/10.1515/ercl-2018-1023.

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Abstract This article explores ‘smart contracts’ from first principles: What they are, whether they are properly called ‘contracts’, and what issues they raise for national contract law. A ‘smart’ contract purports to record contractual promises in language which is both intelligible to human beings and (ultimately) executable by machines. The formalisation of contracting language that this entails is, I argue, the most important aspect for lawyers—just as important as the automation of contractual performance. Rather than taking a doctrinal approach focused on the presence of traditional indicia of contract formation, I examine the nature of contracts as legal entities created by words and documents. In most cases, smart contracts will be ‘wrapped in paper’ and nested in a national legal system. Borrowing from the idiom of computer science, I introduce the term ‘contract stack’ to highlight the complex nature of contracts as legal entities incorporating different ‘layers’, including speech acts by the parties in both natural and formal languages as well as mandatory legal rules. It is the interactions within this contract stack that will be most important to the development of contract law doctrines appropriate to smart contracts. To illustrate my points, I explore a few issues that smart contracts might raise for English contract law. I touch on the questions of illegality, jurisdiction, and evidence, but my focus in this paper is on exploring issues in contract law proper. This contribution should be helpful not only to lawyers attempting to understand smart contracts, but to those involved in coding smart contracts—and writing the languages used to code them.

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Kaulio, Matti A. "A Psychological Contract Perspective on Project Networks." Project Management Journal 49, no. 4 (July 17, 2018): 81–88. http://dx.doi.org/10.1177/8756972818781713.

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A current challenge for project network scholars is to explain “how history matters”; in other words, how past experiences of collaboration between actors in a project network are transformed into an (informal) organizational format that is replicable in future collaborations. How are project networks formed in the first place? By examining a collaboration under formation between two organizations, this article proposes that project networks can be conceptualized as psychological contracts. In this formation process, critical incidents play a key role as they define “items” in the psychological contract; in project network terms, these items define routines for collaboration.

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Ardyo, Bebeto. "Formulasi Pengaturan Tahapan Pra Kontrak dalam Proses Pembentukan Kontrak di Indonesia." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 02 (June 12, 2020): 84–93. http://dx.doi.org/10.24123/yustika.v22i02.2406.

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The increasement of human needs in society goes hand in hand with the development of technology. To meet these needs, there must be interaction between people which sometimes has the potential to cause disputes. That’s why a contract is needed. The existence of a contract guarantees legal certainty regarding protection of the rights of the parties and also the obligations that they must fulfill. There are several stages of contract formation which consist of pre-contract and agreement between the parties. According to the system in the Book III of Indonesia’s Code of Civil Law, consensus is the base for the formation of contract that means once the agreement has reached between the parties then a contract is formed. Indonesia’s Code of Civil Law doesn’t yet regulate pre-contract stages of contract formation, even though these stages are equally important. The regulation of pre-contract stages are usually set in the common law system, but along with the times, the regulation of pre-contract stages should also be regulated in the civil law system. As a comparison, Het Nieuw Burgerlijke Wetboek (New Civil Code of Netherlands) has already regulated that pre-contract stages, although the Netherlands is a country that implements civil law system. The pre-contract stages are very important to be regulated in Indonesia because there are many potential pre-contractual issues. This paper aims to formulate the outline of what needs to be regulated in the pre-contract regulations. Keywords : Interaction, Contract, Formation, Civil Code

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Youn, Sangyoun. "A Study on E-Commerce Contract under the E-Commerce Law of China -Focused on Contract Formation-." Korean-Chinese Social Science Studies 17, no. 4 (October 31, 2019): 33–67. http://dx.doi.org/10.36527/kcsss.17.4.2.

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Premkumar, Noel, Stephen Lowes, James Jersey, Fabio Garofolo, Isabelle Dumont, Robert Masse, Betty Stamatiou, et al. "Formation of a Global Contract Research Organization Council for Bioanalysis." Bioanalysis 2, no. 11 (November 2010): 1797–800. http://dx.doi.org/10.4155/bio.10.165.

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Tam, Henry. "A Social Contract Approach to the Formation of National Borders." Public Choice 118, no. 1/2 (January 2004): 183–209. http://dx.doi.org/10.1023/b:puch.0000013801.51471.30.

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Saleh, Nabil. "Definition and Formation of Contract Under Islamic and Arab Laws." Arab Law Quarterly 5, no. 2 (1990): 101–16. http://dx.doi.org/10.1163/157302590x00026.

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Samoilovitch, Yu A. "CONTRACT STRESSES FORMATION IN RAIL HEAD TO IMPROVE ITS DURABILITY." Izvestiya Visshikh Uchebnykh Zavedenii. Chernaya Metallurgiya = Izvestiya. Ferrous Metallurgy 55, no. 11 (January 1, 2012): 20–27. http://dx.doi.org/10.17073/0368-0797-2012-11-20-27.

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Gad, Ghada M., Jennifer S. Shane, Kelly C. Strong, and Jinouk Choi. "Rethinking Trust in Construction Contract Formation: Dispute Resolution Method Selection." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 8, no. 3 (August 2016): 04516003. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000191.

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Stoilkovska, Biljana Blaževska, and Zorica Marković. "The Role of Optimism-pessimism in Anticipatory Psychological Contract Formation." Procedia - Social and Behavioral Sciences 171 (January 2015): 145–52. http://dx.doi.org/10.1016/j.sbspro.2015.01.100.

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Journal articles on the topic 'Contract formation'

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