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Journal articles on the topic 'Contracts Breach of contract'
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Muhammad Sabir Rahman. "Fines Sanction as a Meeting Form Principles of Agreement Contracts Construction Service." Amsir Law Journal 1, no. 1 (October 14, 2019): 16–21. http://dx.doi.org/10.36746/alj.v1i1.18.
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In national development, construction services have an important and strategic role in supporting the growth and development of the economic, social and cultural fields. Construction Work Contracts (Construction Services Procurement Contracts), in principle, are consensual (a reciprocal agreement), between the Employer (Project Owner) and the Service Provider (Contractor); Service Providers (Contractors) with Sub Service Providers (Sub Contractors). This research uses normative (doctrinal) legal research type. This research was conducted by examining all laws and regulations related to agreements that arise as well as the legal consequences in the form of financial penalties for breach of contract.
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Zamir, Eyal. "The Extent of Similarity Required Between the Content of the Contract and its Performance." Israel Law Review 25, no. 2 (1991): 187–218. http://dx.doi.org/10.1017/s0021223700010359.
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Section 2 of the Contracts (Remedies for Breach of Contract) Law, 1970 defines a breach as “an act or omission contrary to the contract”. This general definition applies to any obligation in any contract, and to every form of its breach. Thus, a seller who has undertaken to deliver certain property at an agreed time and place is in breach of his obligation whether he delivers a different property than the agreed or a defective one, whether he makes the delivery after the agreed time or at a wrong place, and so forth. This abstraction of the notion of breach, and the application of similar rules to all kinds of breach (subject to some specific rules in specific Laws and in the Remedies Law itself), are prominent features of the law of contractual remedies and of contract law in general under Israeli legislation. This abstraction enables one to deal generally with subjects, that in other legal systems in various contexts are treated separately. The question discussed in this article refers to the degree of similarity required between the content of the contract and its actual performance. In other words, the question is whether a slight or trivial deviation from the contract's content is to be considered a breach.
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Wilson, Robert H. "Hotel Management Contracts: Breach of Contract, Termination, and Damages." Journal of Hospitality Financial Management 7, no. 1 (September 1999): 43–57. http://dx.doi.org/10.1080/10913211.1999.10653721.
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Wilson, Robert H. "Hotel Management Contracts: Breach of Contract, Termination and Damages." Journal of Hospitality Financial Management 8, no. 1 (September 2000): 72. http://dx.doi.org/10.1080/10913211.2000.10653741.
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Rezende, Christiane Leles, and Decio Zylbersztajn. "Pacta sunt servanda versus the social role of contracts: the case of Brazilian agriculture contracts." Revista de Economia e Sociologia Rural 50, no. 2 (June 2012): 207–21. http://dx.doi.org/10.1590/s0103-20032012000200001.
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This study explores the instability created by contradictory court decisions related with contract breaches. Forward marketing contracts represent an important source of resources to finance Brazilian agriculture, however a large number of contract breaches were observed during a period of marked increase in soy prices. The study analyzed 161 judicial appeal decisions and a survey was carried with 70 farmers. The results show the difference of judges' interpretation and the existence of second order effects. The effects of court decisions were more requirements of guarantees and the reduction in the number of contracts. Those soybean farmers who did not breach their contracts have also been negatively affected by the strategic reactions of trading and processing companies. The concept of "social function of the contract" introduced in Brazilian civil code led to a higher degree of instability in contracts, raising transaction costs and motivating private economic sanctions.
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Coyle-Shapiro, Jacqueline A. M., Sandra Pereira Costa, Wiebke Doden, and Chiachi Chang. "Psychological Contracts: Past, Present, and Future." Annual Review of Organizational Psychology and Organizational Behavior 6, no. 1 (January 21, 2019): 145–69. http://dx.doi.org/10.1146/annurev-orgpsych-012218-015212.
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We provide a review of psychological contract research, beginning with past conceptualizations and empirical evidence. We tailor this retrospective look by reviewing the antecedents and outcomes associated with psychological contract breach and discussing the dominant theoretical explanations for the breach-outcome relationship. This synthesis of past evidence provides the foundation for reviewing the present emerging and developing themes in psychological contract research. This discussion is organized around the expansion of resources exchanged and the antecedents of contract breach and outcomes, moving beyond reciprocity as an underpinning explanation. We highlight the practical implications of research to date on psychological contracts and end with directions for future research to include the need for greater attention given to ideological currency, employee health, polycontextual approaches, the role of psychological needs, and post-breach/violation.
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Seligman, Matthew. "Moral Diversity and Efficient Breach." Michigan Law Review, no. 117.5 (2019): 885. http://dx.doi.org/10.36644/mlr.117.5.moral.
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Most people think it is morally wrong to breach a contract. But sophisticated commercial parties, like large corporations, have no objection to breaching contracts and paying the price in damages when doing so is in their self-interest. The literature has ignored the profound legal, economic, and normative implications of that asymmetry between individuals’ and firms’ approaches to breach. To individuals, a contract is a promise that cannot be broken regardless of the financial stakes. For example, millions of homeowners refused to breach their mortgage contracts in the aftermath of the housing crisis even though doing so could have saved them tens or even hundreds of thousands of dollars. Their moral beliefs led homeowners to forgo opportunities for efficient breach that firms would have seized, thus exacerbating al-ready swelling wealth inequalities. This Article explains this phenomenon, identifies its consequences and examines strategies to address it. Neither ex post judicial interventions (such as adjusting the remedies for breach) nor traditional ex ante regulatory interventions (such as disclosure requirements) will effectively address the problem. Instead, the most promising approach is a novel solution based on the framework of choice architecture: requiring contracts to include an express term creating an option to exit the contract and pay a fee equivalent to expectation damages. An express exit term elevates an implicit legal option into an explicit contractual option, reframing the moral choice so individuals would perceive exiting the contract as a morally permissible performance of their promise rather than a morally forbidden breaking of it. The presence of that exit term thereby aligns individuals’ perceptions of their moral obligations under the contract with sophisticated firms’ approaches to breach. The Article concludes with new empirical evidence that demonstrates the practical impact of an exit clause. It presents the results of two experimental studies I performed that demonstrate the effectiveness of a mandatory exit clause in reducing the effects of the asymmetry between individuals and firms. Those results show that exit clauses could have substantial practical implications for the regulation of contracts in contexts like consumer and mortgage contracts.
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Ernst, Wolfgang. "New Rules of Breach of Contract in Germany." Cambridge Yearbook of European Legal Studies 5 (2003): 333–56. http://dx.doi.org/10.5235/152888712802784243.
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In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.
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Ernst, Wolfgang. "New Rules of Breach of Contract in Germany." Cambridge Yearbook of European Legal Studies 5 (2003): 333–56. http://dx.doi.org/10.1017/s1528887000004389.
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In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.
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Kanamugire, Jean Chrysostome. "Specific performance as a primary remedy in the South African law of contract." Corporate Board role duties and composition 11, no. 2 (2015): 65–72. http://dx.doi.org/10.22495/cbv11i2art5.
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Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services. However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party. Public policy generally favours the utmost freedom of contract and requires that parties should respect or honour their contractual obligations in commercial transactions. Public policy is rooted in the constitution and can sparingly be used to strike down contracts. Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract.
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‘Akinwale, Akeem Ayofe, Adetunji Oluseyi Shadare, and Mustapha Olanrewaju Aliyu. "BREACH OF PSYCHOLOGICAL CONTRACTS AND DISCRETIONARY BEHAVIOUR IN NIGERIAN ACADEMICS." Vol 11 No 1 (2021) 11, Number 1 (January 31, 2021): 21–44. http://dx.doi.org/10.32890/jbma2021.11.1.2.
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This study explored the breach of psychological contracts and discretionary behaviour by Nigerian academics. A survey was employed to elicit information from 378 academics that were randomly selected from 7,131 academics in federal universities in the North-Central Nigeria. The results from the hypotheses testing revealed that most of the universities in the North-Central zone did not comply with the psychological contract (as supported by the negative results from statistical estimates and Levene’s t-values). There was a positive correlation between breach of psychological contract and organisational citizenship behaviour (OCB) as well as positive relationship between breach of psychological contract and deviant workplace behaviour (DWB) (r=0.196; p<0.05 and r=0.126; p<0.05, respectively). The breach of psychological contract has influenced academics in different ways showing a tendency for OCB and DWB. Unfortunately, the tendency for DWB outweigh that of OCB. Therefore, academics who uphold OCB despite the perceived BPC should be encouraged to sustain their good behaviour.
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Varghese, Sabu, and M. S. Raju. "Psychological Contract Breach and Organizational Outcomes: Moderating Effect of Tenure." Asian Review of Social Sciences 8, S1 (February 5, 2019): 46–51. http://dx.doi.org/10.51983/arss-2019.8.s1.1495.
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Conventional wisdom tells us that only if the employees are paid enough, they can be made happy consequently productive. However, studies have suggested that the nature of the relations between employer and employee have a vital role to play in employee’s job satisfaction, Likewise, employee’s intention to leave the organization is influenced by both money related factors and relational elements. Studies suggest that the nature of the employer-employee relationship significantly affects the employee perceptions and reactions. Psychological Contract is a model which will help one to understand the employer-employee relationship. The mutual expectations and obligations proportionate to each one’s contribution is a general way to define psychological contract. Research suggests that a breach of this contract can affect the organizational outcomes and employee reactions negatively. This study considers the psychological contract breach from the employees’ perspective. Although studies have been made on the effect of psychological contract breach on several organizational outcomes, little effort has been noticed to be made to study the effect of the commonly identified dimensions – relational contract breach and transactional contract breach- on the employee reactions. While social and emotional factors such as loyalty and support contribute to relational contract, compensation and personal benefits contribute to transactional contracts. This work is noteworthy as it assesses the effect of relational contract breach and transactional contract breach on job satisfaction and employee turnover intention. The study also examines the effect of individual level variable- tenure – on the relationship of RCB and TCB with job satisfaction and turnover intention. Respondents to this study were 228 teachers from the self-financing colleges in the district of Ernakulam, Kerala in India. The results suggest that relational and transactional contract breaches will lead to significant employee reactions- reduces job satisfaction and enhances turnover intention. Tenure moderates the relationship between relational contract breach and turnover intention but not between relational contract breach and job satisfaction. Conversely, tenure moderates the transactional contract breach- turnover intention relationship but not transactional contract breach- job satisfaction.
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Islami, Aufa. "Analisis Jaminan Dalam Akad-Akad Bagi Hasil (Akad Mudharabah dan Akad Musyarakah) Di Perbankan Syariah." JURNAL HUKUM EKONOMI SYARIAH 4, no. 1 (April 26, 2021): 1. http://dx.doi.org/10.30595/jhes.v4i1.9903.
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This research is entitled Analysis of Guarantees in Profit Sharing Contracts (Mudharabah and Musyarakah contracts) in Islamic banking. This research was conducted with the aim of analyzing the guarantees contained in profit sharing contracts including the Mudharabah contract and the Musyarakah contract in Islamic Banking. This article research uses a normative approach. The normative approach is used for research from the perspective of fiqh muamalat regarding the position of the guarantee in the profit sharing contract. From this research it can be concluded that basically there is no guarantee for profit sharing contracts, such as mudarabah and musyarakah, except as a guarantee of the possibility of moral hazard being carried out by the contract partners. In practice, Islamic financial institutions, especially Islamic banking, always withdraw material guarantees for the profit sharing contracts they cover with their partners (customers). However, it must be remembered that the withdrawal of the material guarantee must be limited to cases where there is a loss due to unlawful acts, negligence or default by the customer. In the event that the loss occurs beyond the customer's fault, negligence or breach of contract, the guarantee may not be executed.
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Morgan, Jonathan. "REPUDIATORY BREACH: INABILITY, ELECTION AND DISCHARGE." Cambridge Law Journal 76, no. 01 (March 2017): 11–14. http://dx.doi.org/10.1017/s0008197317000162.
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STUDENTS – and indeed judges – of the law of contract have been sorely tried by White & Carter (Councils) Ltd. v McGregor [1962] A.C. 413. Mercifully, other propositions about the breach and discharge of contracts seem elementary.
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Sanders, Gregory, and Zachary Huitink. "What does consolidation mean for performance? Concentration, competition, and defense contracting outcomes." Journal of Strategic Contracting and Negotiation 4, no. 1-2 (March 2018): 30–57. http://dx.doi.org/10.1177/2055563620921116.
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How does industrial concentration influence performance outcomes in government contracting? This paper hypothesizes that concentration influences contract performance directly, as well as indirectly through reducing competition for contract awards. Tests of these hypotheses on a large dataset of US defense contracts reveal nuanced results. Increasing concentration is directly associated with a higher likelihood of contract terminations, and remains the same even after accounting for levels of competition (suggesting competition does not mediate the influence of concentration on this performance indicator). Contrary to expectations, higher competition is associated with a higher rather than a lower likelihood of terminations. Concentration is not associated with the incidence of cost ceiling breaches, and competition resulting in single (rather than multiple) offers is associated with a lower likelihood of a breach. When a breach has occurred, however, higher concentration is associated with larger breaches sizes, and higher competition with smaller breach sizes. Combined, these results partially support concerns about a connection between concentration, market power, and diminished performance incentives but suggest that the nature of these relationships depends upon the indicator of contract performance being considered.
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Sudjana, Sudjana. "AKIBAT HUKUM WANPRESTASI DAN TANGGUNG JAWAB PARA PIHAK DALAM TRANSAKSI ANJAK PIUTANG." Veritas et Justitia 5, no. 2 (December 27, 2019): 374–98. http://dx.doi.org/10.25123/vej.3173.
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In this article, using a juridical-normative approach, the author discusses legal issues stemming from the breach of two interlocking contracts: supplier agreement and factoring agreement. To be analysed is the legal relationship of all parties in the case of breach of contract or worse bankruptcy of the supplier. Issues to be raised in particular concerns who in the case of breach of contract will in the end possess the right to demand payment of outstanding debts and who bear the (legal and financial) risk in the worst case scenario: bankruptcy of buyer.
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Barnett, Randy E. "Contract Remedies and Inalienable Rights." Social Philosophy and Policy 4, no. 1 (1986): 179–202. http://dx.doi.org/10.1017/s0265052500000479.
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I. IntroductionTwo kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights.My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable.I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources.
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Lorenz, Werner. "Reform of the German Law of Breach of Contract." Edinburgh Law Review 1, no. 3 (May 1997): 317–44. http://dx.doi.org/10.3366/elr.1997.1.3.317.
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This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the proposed reforms of German law in this area. The paper first surveys some of the problems of the existing law, highlighting its lack of a unitary concept of breach, gaps with regard to liability for breach of pre-contractual duties and contract modification owing to change of circumstances, difficulties arising from the special treatment of sales contracts and contracts for work and labour, and the mutual exclusivity of rescission and damages. Many difficulties arise from the operation of the law of prescription in the field. It is observed that the Vienna Convention on International Sales of Goods was ratified by Germany in 1991, making it desirable for reform to be consistent with the Convention. The reform proposals put forward in 1992 include a unitary concept of breach, modification of the fault principle, priority for specific implement, adjustment of the rules on termination to permit cumulation with damages and restitution, and changes with regard to the law of sales and contracts for work and labour. If implemented these will bring the German Civil Code into line with case-law developments as well as those in the international law of sales.
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Ampofo-Ansah, Christine, and Joseph Ampofo Ansah. "Psychological Contract Breach and Work Performance in the Public Sector in Ghana." International Journal of Technology and Management Research 2, no. 2 (March 12, 2020): 38–43. http://dx.doi.org/10.47127/ijtmr.v2i2.56.
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Work in organizations entails an exchange relationship between employees and organization. Apart from the written employment contract, there still exists a set of mutual expectations from the two parties (employer and employee) which remain unwritten and unvoiced and yet drives the behavior of both workers and organizations alike, and this is what is referred to as the psychological contract. Psychological contract refers to the employees’ subjective interpretations and evaluations of their deal with the organization. The aim of this study is to explore the impact of breaches or violations in the psychological contract on the performance of employees. It aims to present two concurrent hypotheses, based on theoretical interaction effects of social exchanges (conceptualized as social exchange relationships, fairness, and job security).Data were collected from a sample of 150 employees from both Public and Private Banks in Ghana. Regression analysis was used to explore the moderating effects of social exchanges on the relationships between psychological contract breach and work performance (operationalized as in- role behaviors and organizational citizenship behaviors).It was found that the negative relationship between psychological contract breach and work performance was moderated by social exchanges, such that the relationship was stronger for employees with high social exchange relationship, perceived organizational support, and job security which means that psychological contract breach will negatively affect employees with higher expectations in social exchanges.
Keywords: Breach of contract; Social interaction; Psychological contracts; Job satisfaction
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Ntalianis, Filotheos, Linda Dyer, and Christian Vandenberghe. "Owner-employee relations in small firms." Journal of Managerial Psychology 30, no. 7 (September 14, 2015): 832–46. http://dx.doi.org/10.1108/jmp-01-2013-0028.
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Purpose – The purpose of this paper is to shed light on the type of exchange relationship that small business owners establish with their employees. In particular, this study examines how the personality trait of “conscientiousness” among small business owners relates to relational “psychological contracts,” breach and violation that develop between owners and employees. Design/methodology/approach – This was a quantitative survey design conducted in Canada. Participants were 253 employees and the 50 small firm owners for whom they worked. Findings – Results indicate that owner conscientiousness was positively associated with a relational psychological contract with employees and perceived breach mediated a negative relationship between owner-rated relational contract obligations and feelings of contract violation among employees. Owner-rated relational contract obligations also mediated a negative relationship between owner conscientiousness and employee perceptions of breach and violation. Practical implications – Given the link between conscientiousness and relational contracts, small business owners who get involved in selection and training ought to present to the newly hired employees an accurate picture of their role and job requirements in order to create successful organizations. In addition, less conscientious business owners, through training, should try to develop further skills, such as goal setting and performance appraisal, in order to increase their ability to establish effective relationships (i.e. relational contracts). Originality/value – The current study is an initial attempt toward a better understanding of exchange relationships in small firms, thus strengthening the links between organizational behavior and small business research. It also contributes a quantitative perspective on issues that have typically been explored qualitatively.
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Abdelmoteleb, Samir A. "The interrelationships among job satisfaction, work–home interference and psychological contract breach." German Journal of Human Resource Management: Zeitschrift für Personalforschung 33, no. 1 (September 11, 2018): 32–55. http://dx.doi.org/10.1177/2397002218791566.
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This study aims to expand the literature on work–home interference, job satisfaction and psychological contracts. Using a two-wave panel survey, this study tests an explanatory model using data collected from 414 employees of three Egypt-based organizations. Consistent with the developed hypotheses, the results indicate a reciprocal negative relationship between employees’ work–home interference and job satisfaction. Moreover, psychological contract breach is negatively associated with job satisfaction. Furthermore, a moderating role of psychological contract breach in the relationship between work–home interference and job satisfaction is supported. In other words, a higher level of psychological contract breach intensifies the negative impact of work–home interference on job satisfaction. Implications for theory, research and practice and directions for future research with cultural emphasis are discussed.
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Naidu, Suresh, and Noam Yuchtman. "Coercive Contract Enforcement: Law and the Labor Market in Nineteenth Century Industrial Britain." American Economic Review 103, no. 1 (February 1, 2013): 107–44. http://dx.doi.org/10.1257/aer.103.1.107.
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British Master and Servant law made employee contract breach a criminal offense until 1875. We develop a contracting model generating equilibrium contract breach and prosecutions, then exploit exogenous changes in output prices to examine the effects of labor demand shocks on prosecutions. Positive shocks in the textile, iron, and coal industries increased prosecutions. Following the abolition of criminal sanctions, wages differentially rose in counties that had experienced more prosecutions, and wages responded more to labor demand shocks. Coercive contract enforcement was applied in industrial Britain; restricted mobility allowed workers to commit to risk-sharing contracts with lower, but less volatile, wages. (JEL J31, J41, K12, K31, N33, N43)
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Meier, Sonja. "Unwinding Failed Contracts: New European Developments." Edinburgh Law Review 21, no. 1 (January 2017): 1–29. http://dx.doi.org/10.3366/elr.2017.0387.
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Two recent European reform projects are the 2016 revision of the French Code Civil and an academic draft of a revised Swiss Law of Obligations. Both the new Code Civil and the Swiss draft contain specific chapters on the unwinding of failed contracts. Underlying these are the idea that the rules governing restitution for payments and other performances should be uniform, regardless of whether the contract is void, avoided, or terminated for breach. A similar tendency can be found in recent European model rules. The paper aims to evaluate whether uniform rules for the unwinding of failed contracts are a welcome development. Looking at this issue from a historical and comparative perspective, what are the fundamental differences between invalid contracts and contracts terminated for breach, and how do they influence the details of recovery?
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Шнигер, Дмитрий, and Dmitriy Shniger. "Framework Agreement as the Basis of the Obligation, or Criticism of the Concept of the Article 429.1 of the Russian Civil Code." Journal of Russian Law 4, no. 12 (December 5, 2016): 0. http://dx.doi.org/10.12737/22721.
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The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.
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Moreira Begnis, Heron Sergio, Silvio Cesar Arend, and Rejane Maria Alievi. "WHO ARE THE BRAZILIANS TOBACCO GROWERS THAT BREACH THEIR CONTRACTS WHIT THE INDUSTRY?" RACE - Revista de Administração, Contabilidade e Economia 15, no. 1 (March 30, 2016): 9. http://dx.doi.org/10.18593/race.v15i1.8286.
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<p>Based on the Transaction Costs and inter-organizational relations literature, this study analyzes the socioeconomic characteristics of the growers who may be related to opportunistic behavior and contract breach in the tobacco chain in South Brazil. In terms of its contractual relations, tobacco production chain is very little explored, although the contractual terms are determinants in Integrated Production Systems (IPS). The nature of this research is quantitative and the data were collected through a survey with tobacco growers from the three states of South Brazil. The analysis showed the main characteristics of the tobacco growers who are more likely to breach their contracts with integrative companies.</p><p>Keywords: Contract Breach. Integrated Production System (IPS). Opportunism. Tobacco.</p>
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Iyer, Rajkamal, and Antoinette Schoar. "Ex Post (In) Efficient Negotiation and Breakdown of Trade." American Economic Review 105, no. 5 (May 1, 2015): 291–94. http://dx.doi.org/10.1257/aer.p20151077.
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This paper examines frictions in contract renegotiation and its implications for allocative efficiency of contracts. Using a novel audit study methodology, we find that contracting parties in general are reluctant to engage in hold up. However, many efficient renegotiations of contracts also do not happen for the fear of being seen as extracting surplus. We also find that ex ante contracts are structured to mitigate losses arising from breach risk rather than hold up. The results also highlight that role of norms of fairness and reputation concerns in sustaining transactions in settings where contracts are primarily incomplete.
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Mould, Kenneth. "The Suitability of the Remedy of Specific Performance to Breach of A "Player's Contract" with Specific Reference to the Mapoe and Santos Cases." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 188. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2554.
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During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism to one of professionalism. Professional participants in the sport received salaries for participation, and rugby became a business like any other. As in all forms of business, rugby had to be regulated more efficiently than had previously been the case. Tighter regulations were instituted by governing bodies, and ultimately labour legislation became applicable to professional rugby. A professional sportsman or woman participating in a team sport is generally considered an employee. This means that the same principles that govern employees in general should also apply to professional sportsmen and women. The exact nature of the "player's contract", a term generally used to describe the contract of employment between a professional sportsman or sportswoman and his or her employer, deserves closer attention. It has been argued with much merit that the "player's contract", while in essence a contract of employment, possesses certain sui generis characteristics. The first aim of this article is to demonstrate how this statement is in fact a substantial one. If it is concluded that the "player's contract" is in fact a sui generis contract of employment, the most suitable remedy in case of breach of contract must be determined. The second aim of this article is to indicate why the remedy of specific performance, which is generally not granted in cases where the defaulting party has to provide services of a personal nature, is the most suitable remedy in case of breach of "player's contracts". To substantiate this statement, recent applicable case law is investigated and discussed, particularly the recent case of Vrystaat Cheetahs (Edms) Beperk v Mapoe. Suggestions are finally offered as to how breach of "player's contracts" should be approached by South African courts in future.
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Nkoane, Paul. "Appraising the Scope and Application of the Market-Price Rule in Upheld Contracts." South African Mercantile Law Journal 32, no. 2 (2020): 253–76. http://dx.doi.org/10.47348/samlj/v32/i2a4.
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The use of the market price for determining liability in contract lacks dedicated attention in South African law. Even far scanter is the holistic literature on the use of the market-price rule in contracts that are not terminated on breach of contract. Although, there has been suggestions that the market-price rule can be used to determine damages in upheld contracts, this was never technically demonstrated. Thus, the argument that the market-price rule can be used in contracts that are not terminated remains moot. This article presents various methods that illustrate how the market-price rule should apply in upheld contracts. The article undertakes a comprehensive analysis of the market-price rule to determine its efficacy in contracts that are not terminated, with the focus on the determination of the degree of liability. Regarding the determination of liability, the article to some extent discusses contracts with latent defects and those with items of questionable quality. Various methods and techniques are discussed to enlighten about how the market price can affect the determination of liability in upheld contracts, and to illustrate that this principle is suitable for determining damages in contracts that are not terminated.
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Agarwal, Upasna A., and Shivganesh Bhargava. "Effects of Psychological Contract Breach on Organizational Outcomes: Moderating Role of Tenure and Educational Levels." Vikalpa: The Journal for Decision Makers 38, no. 1 (January 2013): 13–26. http://dx.doi.org/10.1177/0256090920130102.
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In contemporary knowledge-intensive organizations, which are characterized by short product life cycles and unhindered access to information and resources, organizational survival, let alone success, necessitates higher-than-average performance. Engaged and committed employees are considered critical resources for organizational survival and business success. Research suggests that the quality of employment relationship significantly impacts employee attitudes. Psychological Contract is a useful framework for examining the quality of employee-organization relationship. Psychological Contract Breach (PCB), defined as the cognition that one's organization has failed to meet one or more obligations within one�s psychological contract in a manner commensurate with one's contributions has deleterious effects of employee motivation. Previous research has shown that breach is a norm, not an exception. However, given that PCB is an organizational reality, little effort has been made to examine the impact of PCB on critical behaviours of work engagement and commitment. Further, extant research on psychological contract has primarily tended to adopt main effects approach in examining the psychological contract-outcome relationship and not addressed various individual and situational variables which can alleviate/aggravate our reactions. Finally, most previous research on psychological contract breach has been conducted in Western countries where cultures are typically individualist and low in power distance. This work is significant for three reasons: It examines the effect of PCB on two critical organizational outcomes: work engagement and affective commitment. It tests the role of individual level variables — tenure and educational level on PCBOutcome relationship. It examines PCB in novel geographical context. Respondents to a survey were 1,302 Indian managerial employees working in eight organizations in India. Results suggest that Tenure moderates the PCB-affective commitment relationship Education level moderates the effects of PCB on affective commitment Education level moderates the effects of PCB on work engagement. Most of the research on psychological contracts has focused on direct effects of breach on organizational outcomes. By examining the moderating effects of employee tenure and educational levels, this study has unmasked some interesting findings in the PCB-outcome relationship. The results of this study suggest that much like their counterparts in the West, Indian employees perceive their psychological contracts to have been breached. The negative ramifications of PCB challenge organizations not to ignore the situation but to approach it.
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Bohnet, Iris, Bruno S. Frey, and Steffen Huck. "More Order with Less Law: On Contract Enforcement, Trust, and Crowding." American Political Science Review 95, no. 1 (March 2001): 131–44. http://dx.doi.org/10.1017/s0003055401000211.
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Most contracts, whether between voters and politicians or between house owners and contractors, are incomplete. “More law,” it typically is assumed, increases the likelihood of contract performance by increasing the probability of enforcement and/or the cost of breach. We examine a contractual relationship in which the first mover has to decide whether she wants to enter a contract without knowing whether the second mover will perform. We analyze how contract enforceability affects individual performance for exogenous preferences. Then we apply a dynamic model of preference adaptation and find that economic incentives have a nonmonotonic effect on behavior. Individuals perform a contract when enforcement is strong or weak but not with medium enforcement probabilities: Trustworthiness is “crowded in” with weak and “crowded out” with medium enforcement. In a laboratory experiment we test our model’s implications and find support for the crowding prediction. Our finding is in line with the recent work on the role of contract enforcement and trust in formerly Communist countries.
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Zaheeruddin, Mohammed. "THE COVID-19 PANDEMIC – AN IMPEDIMENT IN PERFORMANCE OF CONTRACTS." Balkans Journal of Emerging Trends in Social Sciences 3, no. 2 (December 2020): 177–85. http://dx.doi.org/10.31410/balkans.jetss.2020.3.2.177-185.
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The COVID-19 pandemic has created unprecedented situation all over the world, ocmpelled the governments to declare lockdown, closing of businesses, industries, commercial activities, ban on certain imports and exports. Under these circumstances, an obligor may not be able to perform his contractual obligations, consequently may result in breach of contract. In case of claim of damages by the obligee for breach of contract, the obligor may seek exemption from damages under the law of impediment or force majeure. According to Article 79 of the UN Convention on Contracts for the International Sale of Goods 1980 (CISG), a party is not liable for damages due to non-performance, delay or defect in performance, if he can prove that the failure was due to an impediment beyond his control. The COVID-19 situations are beyond the control of the parties to the contract, must be considered as an impediment or force majeure and the non-performing party is entitled for exemption from damages under Article 79 of CISG.
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Ellershaw, Julia, Peter Steane, John McWilliams, and Yvon Dufour. "Promises in psychological contract drive commitment for clinicians." Clinical Governance: An International Journal 19, no. 2 (April 1, 2014): 153–65. http://dx.doi.org/10.1108/cgij-01-2014-0003.
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Purpose – Job satisfaction, mental health and organisational commitment are important for clinician retention. Psychological contracts, organisational justice and negative affectivity (NA) have been linked with these outcomes but there is limited research examining these concepts in combination, particularly for clinicians. The aim of this paper is to examine the relationships between psychological contract breach, organisational justice and NA, on the outcomes of organisational commitment, psychological distress and job satisfaction, in a medical context. Design/methodology/approach – Surveys were distributed to Australian hospital clinicians through their internal mail and 81 completed surveys were returned (response rate=24 per cent). Findings – Multiple regression analyses revealed that organisational commitment was related to NA, psychological contract obligation and the interaction between psychological contract breach and distributive justice. Psychological distress was related to NA and procedural justice. Job satisfaction was related to the interaction between psychological contract breach and informational justice, however, the overall model for job satisfaction was not significant. Practical implications – By implementing innovative social exchange processes, healthcare organisations can ensure distributive justice is maintained in the culture in event of contract breach, and by so doing build safety mechanisms into sustaining commitment from clinicians. Originality/value – This paper contributes to the literature on clinical governance in managing the psychological contract to sustain commitment from clinical staff. The findings provide new insights into the factors effecting employee outcomes for clinicians.
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Gong, Taeshik, and Chen-Ya Wang. "The effects of a psychological brand contract breach on customers' dysfunctional behavior toward a brand." Journal of Service Theory and Practice 31, no. 4 (March 11, 2021): 607–37. http://dx.doi.org/10.1108/jstp-09-2020-0217.
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PurposeThis paper introduces the concept of dysfunctional customer behavior toward a brand and argues that when customers perceive that a brand has failed to fulfill its promises, a psychological brand contract breach occurs, which in turn leads to a psychological brand contract violation, which evokes dysfunctional customer behavior toward the brand. In addition, this study investigates whether the impact of a breach of this contract is dependent on brand relationship quality, brand apology and restitution.Design/methodology/approachStudy 1 conducted the online survey and 224 respondents were used for data analysis and the moderating role of brand relationship quality was examined. Study 2 conducted an experiment with 201 participants to test the moderating role of brand apology and restitution.FindingsThis study found the moderating role of brand relationship quality, brand apology and brand restitution on the relationship between a psychological brand contract breach and dysfunctional customer behavior toward a brand (i.e. brand-negative word-of-mouth, brand retaliation and brand boycott), which is mediated by psychological brand contract violation.Originality/valueThis study contributes to the theoretical understanding of dysfunctional customer behavior toward a brand by integrating the literature on brand management with the organizational literature on psychological contracts between organizations and their employees. Furthermore, this study sheds light on the effectiveness of reparative actions by the firm after occurrence of the psychological brand contract breach.
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Zareshahi, Ali. "A Comparative Study of Damages and Price Reduction Remedy for Breach of Sale Contract under CISG, English and Iranian Laws." Journal of Politics and Law 9, no. 10 (November 30, 2016): 126. http://dx.doi.org/10.5539/jpl.v9n10p126.
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<p class="cc">In order to discourage people from breaching a contract and also to compensate the injured party for any losses, the law provides several remedies for breach of contract. One of these remedies is price reduction. In this study, we aims to compare the rules of Iranian law for price reduction remedy with those provided by Convention on Contracts for the International Sale Of Goods (CISG), and English law. English law has set detailed rules for rewarding damages for breach of contract , while Iranian law has generally-defined rules. The legislator has not determined not only the types of damage, but also the criteria for assessment of the damage. The remedies provided for price reduction in the CISG for breach of contract has been adapted to requirements of international trade, while In Iranian law there is no clear rules for this purpose, except three rules including a) Giving property to the buyer instead of money, (b) Compensation for loss of legitimate business involved to the buyer, and (c) Compensation for delayed payment to the buyer.</p>
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Jaffey, Peter. "Efficiency, disgorgement and reliance in contract: a comment on Campbell and Harris." Legal Studies 22, no. 4 (November 2002): 570–77. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00669.x.
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In a recent article in this journal, David Campbell and Donald Harris criticise the House of Lords decision in A-G v Blake, which held that in some circumstances there can be a liability to surrender the profits of a breach of contract to the other contracting party, ie a liability for disgorgement, as it will be referred to here. The criticism invokes what is sometimes referred to as the economic theory of efficient breach, which can be expressed briefly as follows. The performance of contracts generally increases aggregate wealth – ie is efficient – because parties will contract only on terms that provide them with a benefit that exceeds their costs of performance. But sometimes the circumstances will change after contracting, such that overall wealth will be maximised if the contract is not performed as agreed. For example, the defendant contracting party may discover an opportunity that he or she can take up only by abandoning the contract, and this opportunity may generate enough money to leave a profit, even after the claimant has been compensated for breach.
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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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Moriguchi, Chiaki. "Did American Welfare Capitalists Breach Their Implicit Contracts during the Great Depression? Preliminary Findings from Company-Level Data." ILR Review 59, no. 1 (October 2005): 51–81. http://dx.doi.org/10.1177/001979390505900104.
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It has been claimed that American employers' experiments in private welfare capitalism collapsed during the Great Depression, giving place to the welfare state and industrial unionism. Recent studies, however, reveal considerable differences in experience across firms. The author of this study, who characterizes private welfare capitalism as a set of human resource management practices constituting an implicit contract equilibrium, tests the implications of implicit contract theory using data from fourteen leading manufacturing firms. The repudiation of implicit contracts, she finds, was positively correlated with the severity of the depression's impact experienced by firms and negatively correlated with the effectiveness of “internal enforcement mechanisms” instituted by firms. Furthermore, she finds that greater breaches of implicit contracts were associated with greater employee support for industrial unions and more explicit employment contracts concluded under the New Deal. A comparative case study complements the quantitative analysis by exploring internal dynamics.
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Peyrat-Guillard, Dominique. "Union Discourse and Perceived Violation of Contract." Articles 63, no. 3 (October 14, 2008): 479–501. http://dx.doi.org/10.7202/019098ar.
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This article proposes a study of the violation of contract process through a case study. The study is based on a discourse of the union, SUD Michelin, which is contrasted both with those of another union, the CFE-CGC Michelin and of the senior management of the corporation. The results highlight the possibility of applying Morrison and Robinson’s (1997) Psychological Contract Violation model at the social contract level. The emotional reactions appearing in the literature, which are associated with contract violations, can be seen in the union discourse of the SUD. The other union does not perceive any breach of contract. These differences may be attributed to the very nature of social contracts—relational in the first case, and more balanced in the second.
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Goh, Yihan, and Man Yip. "RATIONALISING ANTICIPATORY BREACH IN EXECUTED CONTRACTS." Cambridge Law Journal 75, no. 1 (March 2016): 18–21. http://dx.doi.org/10.1017/s0008197316000143.
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RATIONALISING the doctrine of anticipatory breach is notoriously difficult. This may explain the complete lack of attempt by the UK Supreme Court to address its conceptual difficulties in its recent judgment in Bunge SA v Nidera BV [2015] UKSC 43; [2015] 3 All E.R. 1082. It is therefore of interest that the Singapore Court of Appeal in The “STX Mumbai” [2015] SGCA 35; [2015] 5 S.L.R. 1 explained why the doctrine of anticipatory breach can be applied to executed contracts (in the sense of being fully executed by the innocent party). Whilst anticipatory breach applies similarly under English law, the English courts have never considered the underlying justification, save to say in a case with a partially executed contract that “it would be very strange and hardly unworkable” if the innocent party had to wait until the time for performance (Moschi v Lep Air Services Ltd. [1973] A.C. 331, 356, per Lord Simon).
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Yanovytska, H. B. "UNFAIR TERMS IN CONSUMER CONTRACTS." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 67–70. http://dx.doi.org/10.15421/391915.
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The article deals with the concepts and signs of unfair terms in contracts with the participation of consumers. National legislation contains a warning that the seller (performer, manufacturer) has no right to offer in the contract and include unfair terms. In the European Union, such relationships are governed by Council Directive 93/13/EEC of 5 April 1993 On Unfair Terms in Consumer Contracts,which is horizontal in scope and applies to contracts to which the consumer and the seller/supplier are parties. The Directive states that an unfair term is recognized as a condition of a contract that was not individually negotiated, if, for breach of the requirement of good faith, it causes significant discrepancies in the rights and obligations of the parties arising from the contract, to the detriment of the consumer. Unlike national legislation, the Directive contains an exhaustive list of unfair terms. For example,conditions having a purpose or intention: a) to exclude or limit the legal liability of the seller or supplier in the event of death or injury to the consumer because of the activity or inaction of such a seller or supplier. b) to conclude an agreement that will oblige the consumer, according to which the provision of services by the seller or supplier will depend on the personal desire of the latter. c) automatically extend the contract of the specified duration, when the consumer does not show the opposite desire, if the specified deadline for the expression of the consumer’s desire is unreasonably short, etc. Such a list of conditions that may be considered unfair is inexhaustible. A study of national legislation shows that unfair terms of the contract violate the principle of good faith and lead to a significant imbalance of contractual rights and obligations and cause harm to the consumer. The presence of these conditions is the basis for their recognition as invalid, and in some cases invalidation of the contract as a whole.
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Zhao, Xin, Na Fu, Susan Taylor, and Patrick C. Flood. "The dynamic process of customer psychological contracts in a service context." International Journal of Market Research 62, no. 6 (August 20, 2019): 707–24. http://dx.doi.org/10.1177/1470785319867637.
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This study aims to extend our understanding of the customer-service team relationship from a new angle, that is, the customer psychological contract. This study adopts the psychological contract theory, proposes and empirically tests a dynamic process of customer psychological contract with the sales teams. In particular, this study examines the relationships between customer psychological contract breach, violation, and satisfaction. In addition, it identifies sales team exhaustion, and customer past positive experience as the conditions which moderate the link between customer psychological contract breach and violation. Using multisource data collection from matched 263 sales team members with 1,003 customers nested in 88 sales teams, the results from multilevel modeling show that customer psychological contract breach leads to a high level of perceived violation, which in turn reduces customer satisfaction. Although sales team exhaustion amplifies the positive impact of customer psychological contract breach on violation, customer past positive experience diminishes such impact. Overall, this study provides a unique contribution to existing literature on the service organization, psychological contract, and the management of customer and service team interactions.
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Flower, Rebecca, Defne Demir, John McWilliams, and Dianne Johnson. "Perceptions of fairness in the psychological contracts of allied health professionals." Asia-Pacific Journal of Business Administration 7, no. 2 (June 1, 2015): 106–16. http://dx.doi.org/10.1108/apjba-03-2015-0022.
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Purpose – The purpose of this paper is to investigate the relationships between components of the psychological contract, organisational justice, and negative affectivity (NA), with key employee outcomes (i.e. organisational commitment, job satisfaction, depression, and psychological distress) among allied health professionals. Design/methodology/approach – In total, 134 (response rate of 46 per cent) Australian allied health professional completed a questionnaire. Findings – Multiple regressions revealed that higher NA was associated with lower organisational commitment, lower job satisfaction, and higher levels of depression. The psychological contract variable, breach, was associated with depression. Informational justice was associated with organisational commitment. Distributive justice was associated with job satisfaction. Research limitations/implications – This research is limited by its cross-sectional design and that the data were self-reported. The results obtained suggest the potential utility of collecting longitudinal data to replicate and extend the results. Practical implications – While NA may be beyond management control, it may be ameliorated by attention to improving communication of management decisions and by sensitivity to the elements implicit in psychological contracts. The negative consequences of contract breach may be offset by informational and distributive justice. Originality/value – This study is one of the first to examine multiple measures of the psychological contract in addition to organisational justice and NA. Further, this study adds to the literature for allied health professionals, where little is known about factors contributing to their turnover.
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Furmston, M. P. "Breach of Contract." American Journal of Comparative Law 40, no. 3 (1992): 671. http://dx.doi.org/10.2307/840592.
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Dariawo, Ben, Titus Pameko, Daniel Meian, Mark Nawokre, Joseph Simbaisipta, Joel Amburi, Wevin Meyande, Kevin Kambarumo, and Nason Aguleko. "Breach of Contract?" Anthropology News 40, no. 7 (October 1999): 4. http://dx.doi.org/10.1111/an.1999.40.7.4.2.
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Wong, T. C., and C. Franklin. "Breach of contract." Academic Medicine 70, no. 2 (February 1995): 90–2. http://dx.doi.org/10.1097/00001888-199502000-00009.
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Zhang, F. "Dynamic Contract Breach." Journal of Law, Economics, and Organization 27, no. 3 (October 21, 2009): 453–84. http://dx.doi.org/10.1093/jleo/ewp032.
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Clive, E. "Breach of contract." Acta Juridica 2021 (2021): 37–56. http://dx.doi.org/10.47348/acta/2021/a2.
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This contribution uses J & H Ritchie Ltd v Lloyd Ltd 2007 SC (HL) 89 as a peg on which to hang a number of fundamental questions about contract: What is a contract? Does the word ‘contract’ sometimes refer to a legal relationship rather than a juridical act? If so, does this matter? Is the law on implied terms satisfactory? Might a duty of good faith and fair dealing in contract law be a better way of dealing with certain problems than resort to the implication of terms? When is a breach of contract serious enough to justify cancellation or rescission? Should a supplier of defective goods have a right to cure the defect? Is there a risk of forgetting the difference between a right to withhold performance and a right to rescind or cancel? These questions are prompted by the fact that this was a straightforward case and similar situations must occur regularly. Yet, different judges reasoned differently and came to different conclusions in the course of the case being appealed all the way to the House of Lords. The question, therefore, is: how might a simple case have been better, or in a more straightforward way, approached through law? The contribution argues that the Draft Common Frame of Reference (the DCFR) provides both concepts and rules that would have reached the ultimate conclusion in Ritchie much more quickly and perhaps the case would not have needed to be litigated at all.
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Theron, Anthonie, and Nicole Marguerite Dodd. "Organisational commitment in the era of the new psychological contract." South African Journal of Economic and Management Sciences 14, no. 3 (August 25, 2011): 333–45. http://dx.doi.org/10.4102/sajems.v14i3.100.
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The aim of this study was to investigate organisational commitment in an organisation that had recently experienced organisational restructuring (a merger). The psychological contract that exists between employees and organisations is brittle due to many organisational changes that stem from organisational restructuring. When psychological contracts are breached, employees may experience reduced commitment to the organisation. The target population for this study consisted of all employees working at three recently-merged higher education institutions in the Nelson Mandela Metropolis (n=100) and a self-administered questionnaire was distributed amongst staff. The results indicated that an increase in the number of positive human resource management (HRM) practices reported by respondents correlated with a decrease in violation and breach of the psychological contract, despite organisational restructuring. It was further revealed that effective management of the psychological contract is crucial during organisational restructuring, in order to maintain the commitment and loyalty of employees.
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Firaddin Mammadzada, Sabuna. "BREACH OF CONTRACT AS ONE OF THE GROUNDS FOR TERMINATION OF THE CONTRACT OF CARRIAGE OF GOODS BY SEA." SCIENTIFIC WORK 54, no. 05 (June 5, 2020): 91–94. http://dx.doi.org/10.36719/aem/2007-2020/54/91-94.
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SALES I FAVÀ, LLUÍS. "Suing in a local jurisdictional court in late medieval Catalonia. The case of Caldes de Malavella (1328–1369)." Continuity and Change 29, no. 1 (May 2014): 49–81. http://dx.doi.org/10.1017/s0268416014000095.
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ABSTRACTThis article addresses the question of the effectiveness of court litigation over private contracts. Through a case study of fourteenth-century Caldes de Malavella, in northeastern Catalonia, it provides an instructive example of contract registration and enforcement. A large peasant clientele made use of the institutional framework provided by a compact jurisdictional estate. We also explore the ways in which the court system within this barony was affected by the demands of external jurisdictions. The article concludes that the whole system was efficient in prosecuting breach of contract, in serving broader mercantile strategies, and even in softening tensions among parties.