Academic literature on the topic 'Non-performance of contract'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Non-performance of contract.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Non-performance of contract"
1
Chahal, Amarjot Singh, Parminder Kaur, and Shaikh Mohd Mouzam. "Economic performance of contract and non-contract broiler farming in Punjab." Agricultural Economics Research Review 37, no. 2 (2024): 183–93. https://doi.org/10.5958/0974-0279.2024.00013.6.
Full text
2
Arsentieva, S. S. "Non-performance of a civil contract-fraud?" Bulletin of Chelyabinsk State University. Series: Law 6, no. 1 (2021): 26–29. http://dx.doi.org/10.47475/2618-8236-2021-16104.
Full text
3
Harrison, Glenn W., and Jia Min Ng. "Welfare effects of insurance contract non-performance." Geneva Risk and Insurance Review 43, no. 1 (April 10, 2018): 39–76. http://dx.doi.org/10.1057/s10713-018-0024-0.
Full text
4
Tjong Tjin Tai, Eric. "Force Majeure and Excuses in Smart Contracts." European Review of Private Law 26, Issue 6 (December 1, 2018): 787–804. http://dx.doi.org/10.54648/erpl2018055.
Full textAbstract:
Abstract: A classic legal problem is whether breach of contract may give rise to a remedy. Under common law this is discussed under the doctrine of excuses. Its civil lawequivalent is the attributability of causes of non-performance of an obligation, and its converse, force majeure. Despite the variety of approaches in various jurisdictions, the general outlines are roughly equivalent as far as translation into smart contracts is concerned: the main issue is what is the cause of non-performance and whether this cause can be attributed. Smart contracts can deal with the general outline of this structure, but may in practice only approximate the refinement that contract law offers. Themain problems are: determining the actual cause of the non-performance by means of automated oracles or the smart contract on its own (without relying on human judgment), dealing with multiple causality and impediments due to the creditor, determining attributability of the cause of non-performance. Smart contracts may offer no more than an approximation of the detailed rules of contract law, by hard-and-fast rules. This may suffice for certain categories of contracts, but may need additional effort to obtain a closer approximation of contract law rules where larger interests are concerned. The related doctrine of withholding performance is similarly difficult to realize appropriately in smart contracts. As regards hardship or unforeseen circumstances, it is best to disallow this in smart contracts,which leaves open the questionwhether partiesmight go to court for relief. The reliance on oracles furthermore opens a weakness to the automatic performance of smart contracts, due to possible liability of oracles for perceived incorrect assessment.
5
A. Durgadevi and DR. M. Rajeswari. "TAMIL NADU CONTRACT FARMING: A CASE OF RICE SEED AND GHERKIN CULTIVATION." International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) 3, no. 6 (October 14, 2023): 1824–29. http://dx.doi.org/10.54443/ijebas.v3i6.1221.
Full textAbstract:
ABASTRACT
In this essay, the performance of contract farming in Tamil Nadu is discussed. It contracts non-contract farming with contract farming for gherkins and rice seed. It demonstrates how the traits of farm households with contracts and those without contracts differ. The main challenges contract farmers encounter is determined to be late payments, credit issues, water shortages, and the inability to achieve quality standards. The concerned contracting firm typically shifts output to other farms and to other regions whenever productivity declines.
6
Dalton, J. "Performance-based contract for non-revenue water reduction – case study Bahrain." Water Supply 19, no. 4 (October 5, 2018): 1073–79. http://dx.doi.org/10.2166/ws.2018.159.
Full textAbstract:
Abstract A performance-based contract (PBC) for non-revenue water (NRW) reduction was executed in the Muharraq Governorate of the Kingdom of Bahrain between 2013 and 2016. The contract included a mixture of fixed and performance-based payment terms. The performance element included the establishment of 35 District Metered Areas (DMAs) and the targeted reduction of NRW by 15 percentage points within the project catchment. The contract was a partnership between the contractor and the utility, whereby the contractor undertook the investigative work, while the utility was responsible for executing all resulting construction activities. A number of important lessons were learnt that should be applied to future projects. The contract design arguably placed too much risk upon the contractor. The original project timescale proved to be completely unrealistic. The data collected following DMA establishment enabled the cause of NRW in each DMA to be determined and the appropriate action taken. The quick win for real losses was automated pressure control, while permanent monitoring of large industrial users represented the same for apparent losses. Knowledge transfer to the utility proved to be arguably more important than achievement of contractual NRW targets. The contractor–utility working relationship proved crucial in facilitating eventual project success.
7
사동천. "Termination of the contract in non-performance - focus on PECL -." Journal of hongik law review 11, no. 3 (October 2010): 231–61. http://dx.doi.org/10.16960/jhlr.11.3.201010.231.
Full text
8
Brezniceanu, Andra Maria. "Order of Performance of Obligations." International conference KNOWLEDGE-BASED ORGANIZATION 29, no. 2 (June 1, 2023): 41–47. http://dx.doi.org/10.2478/kbo-2023-0034.
Full textAbstract:
Abstract The proposed article examines the treatment of the order of enforcement of obligations by parties in Romanian law. The order of performance is a key issue in contracts and can influence the rights and responsibilities of the parties involved. According to the Romanian Civil Code, the order of performance of obligations can be determined by agreement of the parties or by applicable legal provisions. Thus, the parties may expressly stipulate in the contract the order in which they are to perform their obligations. If the contract does not provide for such an order, the Civil Code provides general principles and rules for determining the priority of performance of obligations. In practice, compliance with the order of performance of obligations may be essential if one of the parties does not fulfil its contractual responsibilities. If one party fails to perform its obligation in accordance with the established order, the other party may claim non-performance of the contract and seek termination, damages or other remedies available under the law. It is therefore crucial that parties pay particular attention to establishing and respecting the order of performance of obligations in contracts. This will help to avoid disputes and provide a clear and predictable framework for contractual relations. In conclusion, the order of performance of obligations in Romanian law is an important issue in contracts. Both by agreement of the parties and by application of the general rules, the aim is to establish a clear hierarchy of contractual obligations. Compliance with this order can protect the interests of the parties and facilitate the efficient resolution of disputes in the event of non-compliance with the contract.
9
Sein, Karin, and Piia Kalamees. "Price Reduction in the System of Contractual Remedies." European Review of Private Law 23, Issue 2 (April 1, 2015): 263–80. http://dx.doi.org/10.54648/erpl2015020.
Full textAbstract:
Abstract: This article focuses on two aspects regarding the contractual remedy of price reduction. First, it analyses whether price reduction as a remedy can be used in case of breach of any type of contract or should be limited to the more traditional areas of application, such as a breach of sales contract, contract for work, or lease contract. At the moment, both approaches are represented in legal traditions of various countries and these differences are also present in international instruments. The authors suggest that allowing price to be reduced in case of breach of any type of contract has some significant advantages. Second, the article examines which remedies can be used cumulatively with price reduction and which remedies preclude it. This issue is discussed in the light of breach of both types of contracts - contracts for non-successive performance and contracts for successive performance. The authors are of the opinion that distinct differences exist in respect of rules governing cumulation of price reduction and other remedies contingent on the nature of the contract (non-successive/successive). The analysis of the aforementioned questions is based primarily on the regulation of the Draft Common Frame of Reference (DCFR), Common European Sales Law (CESL), German Civil Code (BGB), and the Estonian Law of Obligations Act.
10
Maleki, Mohammad Reza, and Ali Mohammadzadeh. "The Effects of Non-Performance of Contract as a Result of Frustration of Purpose." Journal of Politics and Law 10, no. 2 (February 28, 2017): 200. http://dx.doi.org/10.5539/jpl.v10n2p200.
Full textAbstract:
Appearing of forcible events or other reasons which hinder the performance of contract or cause its frustration has special legal effects and destroy the casual link between the obligator and the loss resulting from its non-performance. In this situation, these reasons affect the structure of contract and possibly may cause the discharge or suspension of contract. Therefore, the effect of occurring this kind of excuse are twofold. One of the important consequences of occurring this event is the exemption of the obligator from contractual responsibility, because, the non-performance is not attributed to him. The other effect is that force majeure changes the structure of the contract. A contract that encounters to force majeure may be discharged forcibly or willingly or its performance suspended. Our purpose in this article is to review these effects.
Dissertations / Theses on the topic "Non-performance of contract"
1
Nusaire, Yazeed Anees Moh'd. "Excusable non-performance in long term contract-force major clauses in oil concession contracts." Thesis, University of Bristol, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388332.
Full text
2
Martin-Bonnel, de Longchamp Lucie. "Evaluation du risque de non atteinte de la performance énergétique après rénovation : biais cognitifs, asymétries d'information et incitations optimales." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAB002/document.
Full textAbstract:
Cette thèse contribue à rendre le marché de la rénovation énergétique durable et autonome. L’objectif est de contribuer à quantifier le risque de non atteinte de la performance énergétique après rénovation. Tout d’abord, nous analysons les facteurs psychologiques des ménages à prendre en compte pour améliorer les modèles de prédictions de consommation d’énergie. Via le programme Je rénove BBC, nous mettons en évidence quatre biais cognitifs impactant l’écart de la consommation d’énergie réelle et prédite. Puis, nous étudions les structures de contrats les plus appropriés pour améliorer le déroulement des chantiers, incitant les artisans à mieux travailler. D’une part, nous déterminons des contrats pour un Agent devant effectuer deux tâches et sous-estimant l’impact de l’une d’entre elles sur la performance du bâtiment. D’autre part, nous testons des incitations individuelles et collectives sur la capacité de plusieurs artisans à se coordonner selon leur formation initiale (DORéMI, …)This thesis aims at contributing to make the energy renovation market long-lasting and self-sustaining. To achieve this, our objective is to quantify the risk of not achieving energy performance after renovation. First, we analyze households’ psychological factors that should be considered to improve energy consumption prediction models. Drawing on the Je rénove BBC program, we highlight four cognitive biases that negatively impact the difference between actual and predicted energy consumption. We then study the most appropriate contract structures improving the flow and quality of renovation projects, encouraging craftsmen to work better. On one hand, we determine optimal contracts for an Agent who has to perform two tasks and underestimates the impact of one of them on the building's performance. On the other hand, we test individual-based and group-based incentives on the ability of several real Agents (craftsmen) to coordinate, according to their initial training (DORéMI, …)
3
Isik, Haci Bayram. "Performance-based voluntary group contracts for nonpoint source water pollution control." Columbus, Ohio : Ohio State University, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1076970341.
Full textAbstract:
Thesis (Ph. D.)--Ohio State University, 2004.Title from first page of PDF file. Document formatted into pages; contains viii, 129 p.; also includes graphics. Includes abstract and vita. Advisor: D. Lynn Forster, Dept. of Agricultural, Environmental, and Development Economics. Includes bibliographical references (p. 124-129).
4
Perrouin-Verbe, Dorothée. "Responsabilité délictuelle et contrat : étude d’une dynamique juridique à la lumière des fonctions des dommages-intérêts." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2025. http://www.theses.fr/2025ASSA0004.
Full textAbstract:
Cette thèse s'intéresse à l'histoire de la clause générale de responsabilité en droit français et à son impact sur les rapports entre les régimes de responsabilité délictuelle et contractuelle. La généralité de la clause entraîne sa nécessaire subsidiarité par rapport aux règles de la responsabilité contractuelle, dans un rapport qui rappelle celui entre le droit commun et le droit spécial. Il s'ensuit que la responsabilité délictuelle doit être exclue du contrat, et que cette exclusion est d'autant plus forte et définitive que l'on se rapproche du cœur du contrat et de la fonction propre de la responsabilité contractuelle, à savoir la satisfaction par équivalent du créancier lésé. Cette subsidiarité est également à l'origine de la présence de la clause générale de responsabilité tout autour du contrat, pour régir les marges du contrat, les situations para-contractuelles. Si la nature de la responsabilité dans ces marges ne sera plus débattue, ses effets devront être tempérés pour s'adapter à la présence du contratThis thesis focuses on the history of the general liability clause in French law, and its impact on the relationship between the regimes of delictual and contractual liability. The generality of the clause leads to its necessary subsidiarity in relation to the rules governing contractual liability, in a relationship reminiscent of that between ordinary law and special law. It follows that delictual liability must be excluded from the contract, and that this exclusion becomes stronger and more definitive the nearer one gets to the heart of the contract, and to the function proper to contractual liability, that of satisfying by equivalent the injured creditor. This subsidiarity also gives rise to the presence of the general liability clause all around the contract, to govern the margins of the contract, the para-contractual situations. While the nature of liability in these margins will no longer be debated so much, its effects will have to be tempered in order to adapt to the presence of the contract
5
Collet-Thiry, Nicolas. "L'encadrement contractuel de la subordination." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020012/document.
Full textAbstract:
Le contrat de travail fonde la relation de travail et institue le rapport de subordination qui se concrétise par la concession d’un pouvoir à l’employeur. C’est donc aux parties qu’il revient de définir l’étendue, le domaine et les limites du pouvoir patronal. Le salarié ne consent qu’à une subordination strictement définie et encadrée par le contrat. Une analyse objective de la volonté implicite des contractants, au regard de leurs attentes légitimes et de la finalité du pouvoir institué, et à la lumière des exigences du droit commun des contrats (notamment l’exigence de détermination de l’objet des obligations) et des droits fondamentaux (en premier lieu le droit à la protection de la santé) permet d’identifier leurs droits et obligations réciproques : quelles sont les prérogatives que l’employeur est habilité à exercer ? Quelles sont les données du rapport d’emploi qui ne peuvent être remises en cause unilatéralement ? Par ailleurs, le salarié tire du contrat plusieurs pouvoirs d’initiative (exception d’inexécution, prise d’acte) lui permettant de réagir à un manquement de l’employeur. Ceux-ci concourent à l’effectivité des prévisions contractuelles et témoignent d’une réhabilitation du salarié en tant que contractant : contractant subordonné, certes, mais contractant à part entière avant toutThe employment agreement establishes the work relationship and institutes the relation of subordination which is reflected by a grant of power to the employer. It is thus up to the parties to define the extent, scope and limits of the employer’s authority. The employee only consents to a subordination strictly defined and controlled by the contract. An objective analysis of the implicit will of the contracting parties, with regard to their legitimate expectations and the finality of the authority instituted, and in light of requirements of contract law (notably the requirement to determine the object of obligations) and fundamental rights (primarily the right to health protection) enables to identify their mutual rights and obligations: which prerogatives the employer is entitled to exercise ? Which elements of the employment relationship cannot be altered unilaterally ? Besides, there are several powers of initiatives which the employee derives from the contract (exception of non-performance, constructive dismissal) allowing the employee to react to a breach by the employer. These contribute to the effectiveness of the contractual provisions and reflect a reinstatement of the employee as contractor : a subordinate contracting party, certainly, but a contracting party in its own right first and foremost
6
Cardoso, Luiz Philipe Tavares de Azevedo. "O inadimplemento antecipado do contrato no direito civil brasileiro." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-11022015-114044/.
Full textAbstract:
Esta tese tem como tema o inadimplemento antecipado do contrato no direito civil brasileiro. O ponto de partida para o estudo consiste na análise de jurisprudência que originariamente utilizou a figura, desprovida de consagração legal expressa. Posteriormente, é examinada a doutrina. Diante deste material, propõe-se um modelo teórico para o entendimento do inadimplemento antecipado do contrato, ajustando-o às categorias básicas do direito das obrigações brasileiro. São apresentados seus pressupostos, elementos constitutivos e efeitos. No decorrer do trabalho, são abordados aspectos do compromisso de compra e venda, a relação obrigacional complexa, deveres acessórios e laterais, fim contratual, inadimplemento, culpa e imputabilidade, impossibilidade, perda da função social, exceção de contrato não cumprido, resolução, indenização e demanda de cumprimento.This work has as its theme the anticipatory breach of contract in the Brazilian civil law. The starting point for the study is the analysis of cases that originally used the figure, devoid of explicit legal recognition. Subsequently, the doctrine is examined. Faced with this material, we propose a theoretical model for understanding the anticipatory breach of contract, adjusting it to the basic categories of Brazilian law of obligations. Their assumptions, constitutive elements and effects are presented. Throughout his work, aspects of purchase and sale, the complex obligatory relationship, accessories and side duties, contractual order, breach of contract, non-performance, responsability, frustration, loss of social function, termination, rescission, and action for damages.
7
Gagliardi, Rafael Villar. "A exceção de contrato não cumprido." Pontifícia Universidade Católica de São Paulo, 2006. https://tede2.pucsp.br/handle/handle/7246.
Full textAbstract:
Made available in DSpace on 2016-04-26T20:24:46Z (GMT). No. of bitstreams: 1
A Excecao De Contrato Nao Cumprido.pdf: 1345371 bytes, checksum: 73c36f140b59c41fe96bcf28a38b69c4 (MD5)
Previous issue date: 2006-08-16Inspired by the recent constitutional focus on private law, without, however, dismissing long-standing doctrinal construction, this paper addresses the various aspects of exceptio non adimpleti contractus and its related rules, notably exceptio non rite adimpleti contractus and pleas of insecurity. In addition to recovering traditional doctrine, which is undeniably valuable, it also seeks to revisit the rules in light of the Civil Code. The study begins with a contextualized analysis of exceptio non adimpleti contractus within the sphere of the different types of exceptio. After this analysis, it seeks to clearly define the central notion of the rule in question and its sub-products, distinguishing them from other similar ones in the name of greater technical accuracy, while also establishing the requisites for application, the effects of its use, and the respective forms of dismissal. Once grounds for the rules have been established, attention is then turned to reconciling the legal exceptions in question with the new view of contracts as a social phenomenon, under the influence of contracts social function. All this is done, in the end, to conclude that there is a need to broaden the concept of party or, correspondingly, to narrow the notion of third party in both the general theory of contracts and the rules analyzed. This shall occur whenever, even in the absence of an expressed agreement, there are contracts united under a common cause; that is, part of an economic transaction and placed under the same supra-contractual cause. This as a means of seeking contractual justice, the ultimate scope of the social function of contracts, by loosening the ties that bind contractual theory to the blind cult of free will
Inspirado pela nova orientação jusprivatista de matiz constitucional, mas sem descuidar da milenar construção doutrinária de referência, este trabalho aborda os diversos aspectos da exceção de contrato não cumprido e de seus institutos correlatos, nomeadamente, exceção de contrato cumprido insatisfatoriamente e exceção de insegurança. Além de retomar a valiosa doutrina tradicional, visou-se à releitura dos institutos à luz do Código Civil. O estudo partiu da análise contextualizada da exceção de contrato não cumprido no universo das diferentes espécies de exceção. Superada esta etapa, procurou-se delimitar a noção nuclear do instituto sob enfoque e de seus subprodutos, distinguindo-os de outros congêneres, em nome de uma maior precisão técnica, estabelecendo-se, ainda, os requisitos de incidência, os efeitos de sua oposição e as respectivas formas de extinção. Postos os fundamentos dos institutos, as atenções foram voltadas à harmonização das exceções escrutinadas à nova visão do contrato enquanto fenômeno social, sob o influxo da função social do contrato. Tudo para, enfim, concluir pela necessidade de alargamento do conceito de parte ou do correspondente estreitamento da noção de terceiro assim na teoria geral dos contratos, como nos institutos analisados. Tal se dará quando, mesmo à míngua de convenção expressa, existam contratos coligados por uma causa comum, isto é, inseridos numa operação econômica e postos sob a mesma causa supracontratual. Isso, como forma de buscar a justiça contratual, escopo último da função social do contrato, pelo afrouxamento da amarras que prendiam a teoria contratual tradicional ao culto cego da autonomia da vontade
8
Schöttner, Anja. "Essays on incentive contracts under moral hazard and non-verifiable performance." [S.l. : s.n.], 2005. http://deposit.ddb.de/cgi-bin/dokserv?idn=976501880.
Full text
9
Schoettner, Anja. "Essays on incentive contracts under moral hazard and non-verifiable performance." Doctoral thesis, Humboldt-Universität zu Berlin, Wirtschaftswissenschaftliche Fakultät, 2005. http://dx.doi.org/10.18452/15287.
Full textAbstract:
Diese Dissertation enthält vier Aufsätze zur Theorie der Anreizsetzung bei nicht-verifizierbaren Leistungsmaßen. Es werden positive Dominanzanalysen für Anreizmechanismen durchgeführt, die in realen wirtschaftlichen Situationen Anwendung finden. Der erste Aufsatz analysiert zwei Bonus-Wettbewerbe in Unternehmen. Der Prinzipal kann entweder einen Bonuspool festlegen, dessen Aufteilung von der Leistung der Agenten abhängt, oder bereits ex ante die Höhe der Boni fixieren. Eine höhere Präzision der Leistungsmessung führt nur im zweiten Fall zu stärkeren Anreizen. Die optimale Wahl des Wettbewerbs hängt von den Präferenzen der Agenten, ihren Liquiditätsbeschränkungen und den Kosten der Leistungsmessung ab. Der zweite Aufsatz untersucht die optimale Zuordnung von Aufgaben auf Stellen wenn relationale Verträge basierend auf subjektiven Leistungsmaßen explizite Anreizverträge ergänzen können. Die Spaltung von Aufgaben ist optimal, wenn die glaubhafte Bindung an relationale Verträge nicht möglich ist. Dagegen sollten Aufgaben immer dann gebündelt werden, wenn relationale Verträge bereits bestehen. Im dritten Aufsatz möchte ein Käufer eine Innovation erwerben. Um qualitätssteigernde Investitionen bei potentiellen Anbietern zu induzieren, kann der Käufer entweder einen fixen Preis ausschreiben oder einen Auktionsmechanismus nutzen. Obwohl Investitionen unter der Auktion immer höher sind, bevorzugt der Käufer einen fixen Preis wenn die Grenzkosten der Qualitätsmessung hoch sind oder die Produktionstechnologie starken Zufallseinflüssen unterliegt. Im letzten Aufsatz möchte ein Prinzipal das Produktionsergebnis zweier Agenten maximieren, die vor der Produktion in eine kostenreduzierende Innovation investieren können. Dabei kommt es zu Spillover-Effekten. Bei einer allgemeinen Preissubvention sind Investitionen stets zu gering, während ein Innovationswettbewerb zu Unter- und Überinvestitionen führen kann. Der Prinzipal bevorzugt eine Preissubvention bei starken Spillover-Effekten.This thesis consists of four self-contained essays that compare real-world incentive schemes used to mitigate moral hazard problems under non-verifiable performance. The first essay contrasts the impact of the precision of performance measurement on wage costs in U- and J-type tournaments. In U-type tournaments prizes are fixed. In J-type tournaments only an overall wage sum is specified. The principal prefers a U-type tournament if workers receive a rent under limited liability and the costs of increasing precision are low. However, if workers are inequity-averse and have unlimited liability, the J-type tournament leads to lower wage costs. The second essay analyzes optimal job design when there is only one contractible and imperfect performance measure for all tasks whose contribution to firm value is non-verifiable. Task splitting is optimal when relational contracts based on firm value are not feasible. By contrast, if an agent who performs a given set of tasks receives an implicit bonus, the principal always benefits from assigning an additional task to this agent. The third essay compares an auction and a tournament in a procurement setting with non-contractible quality signals. Signals are affected by firms' non-observable investments in R&D and the procurer's precision of quality measurement. Although investments are always higher with the auction, the procurer may prefer the tournament if marginal costs of quality measurement are high or the production technology for quality is highly random. In the last essay, a principal wants to induce two agents to produce an output. Agents can undertake non-contractible investments to reduce production cost of the output. Part of this "innovation" spills over and also reduces production cost of the other agent. Agents always underinvest with a general output price subsidy, while they may or may not do so with an innovation tournament. Strong spillovers tend to favor a general output price subsidy.
10
Bouskia, Samia. "L’exception d’inexécution." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0411.
Full textAbstract:
L’étude renouvelée de l’exception d’inexécution présente un intérêt certain après sa consécration générale dans le Code civil. L’Ordonnance n° 2016-131 du 10 février 2016 portant réforme du droit des contrats, du régime général et de la preuve des obligations a introduit deux applications de l’exception d’inexécution en droit commun des contrats. La première présente une teneur « classique ». Elle permet à une partie de refuser d’exécuter son obligation tant que l’autre partie n’exécute pas la sienne (nouvel article 1219 du Code civil). La seconde est plus innovante en ce qu’elle confère une fonction anticipative à l’exception d’inexécution (nouvel article 1220 du Code civil). Le droit légal des contrats se dote ainsi d’un moyen de sanction au service de l’efficacité économique du droit. L’approche comparative de l’exception d’inexécution révèle que le droit français s’aligne avec la plupart des pays européens. L’analyse critique des nouveaux articles 1219 et 1220 du Code civil met en évidence que ces textes sont relativement incomplets et imprécis. L’étude présente vise à démontrer que la consécration de l’exception d’inexécution dans le Code civil ne permet pas de dissiper les incertitudes et les lacunes du droit jurisprudentiel antérieur. L’approche pratique renouvelée du mécanisme révèle que les juges disposent d’une importante marge de manoeuvre, donc ils pourraient décider de reprendre les solutions prétoriennes antérieures. Après la réforme du droit des contrats, les praticiens devront se référer àl’interprétation qui sera faite par les juges. L’étude propose une grille de lecture de ces nouvelles dispositionsA renewed study of the exception of non-fulfilment is of definite interest after its general recognition in the Civil Code. The Ordonnance No. 2016-131 of February 10th, 2016 reforming the contract law, the general regime and the proof of obligations introduced two applications of the exception of non-fulfilment in the common law of contracts. The first one is “classic”. It allows a party to refuse to perform its obligation as long as the other party does not perform its obligation (article 1219 Civil Code). The second is more innovative in that it confers an anticipatory function with the exception of non-fulfilment (article 1220 Civil Code). The legal law of contracts thus provides a means of penalty for the economic efficiency of the law. The comparative approach of the exception of non-fulfilment reveals that French law is in line with most European countries.The critical analysis shows that the new Articles 1219 and 1220 of the Civil Code are relatively incomplete and unclear. The purpose of this study is to demonstrate that recognition of the exception of non-fulfilment in the Civil Code does not dispel uncertainties and shortcomings of previous case law. The renewed practical approach of the mechanism reveals that judges have considerable flexibility, so they could decide to take up the previous case law. The study proposes a reading grid of these new texts. After the contract law reform of 2016, practitioners will have to refer to the interpretation of the new texts that will be made by judges
Books on the topic "Non-performance of contract"
1
Brunner, Christoph. Force majeure and hardship under general contract principles: Exemption for non-performance in international arbitration. Austin: Wolters Kluwer Law & Business, 2009.
Find full text
2
Mazzacano, Peter J. Exemptions for the non-performance of contractual obligations in CISG Article 79: The quest for uniformity in international sales law. Cambridge: Intersentia, 2014.
Find full text
3
1945-, Gilbert Richard J., and Jacquemin Alexis, eds. Barriers to entry and strategic competition. London: Routledge, 2001.
Find full text
4
Oranburg, Seth. Contract Law of Conditions, Performance, Non-Performance, and Excuse of Performance. Independently Published, 2019.
Find full text
5
Pascal, Pichonnaz. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0134.
Full textAbstract:
This commentary analyses Article 7.1.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning force majeure. According to Art 7.1.7, force majeure can be broadly defined as ‘the result of an impediment beyond a party's control and which that party could not reasonably have taken into account at the time of conclusion of the contract, or have avoided or overcome it or avoided or overcome its consequences on the ability to perform’. In other words, when non-performance is triggered by an event which could be qualified as force majeure, the obligor is no longer liable for damages. However, force majeure does not remove the ‘non-performance’ as such; as a consequence, the aggrieved party still has the right to terminate the stranded contract. This commentary discusses the relationship between the application of force majeure clauses and contractual practice, Art 7.1.7(1) as a default rule, consequences of force majeure, and burden of proof relating to force majeure.
6
Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0128.
Full textAbstract:
This commentary analyses Article 7.1.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the definition of non-performance. Article 7.1.1 defines non-performance as ‘failure by a party to perform any of its obligations under the contract, including defective performance or late performance’. Non-performance under Art 7.1.1 also includes violations of accessory obligations, such as a duty of confidentiality or the duty to co-operate, including the accessory obligations of the aggrieved party. This commentary discusses reasons for non-performance, the concept of ‘default’, the relationship between non-performance and non-conformity, vicarious liability for contractual obligations, and the burden of proof relating to non-performance.
7
Ewan, McKendrick. Ch.7 Non-performance, s.4: Damages, Art.7.4.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0155.
Full textAbstract:
This commentary analyses Article 7.4.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning proof of harm by current price. If the aggrieved party has terminated the contract and has not made a replacement transaction but there is a current price for the performance contracted for, Art 7.4.6 stipulates that it may recover the difference between the contract price and the price current at the time of termination as well as damages for any further harm. The aim of Art 7.4.6 is to provide a measure of certainty by stipulating the measure of damages recoverable in the case where the aggrieved party has not entered into a replacement transaction. The burden of proof is upon the aggrieved party to prove that it was entitled to terminate the contract between the parties and that there is a ‘current price’, and upon the non-performing party to prove that the aggrieved party did enter into a replacement transaction.
8
Peter, Huber. Ch.7 Non-performance, s.3: Termination, Art.7.3.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0147.
Full textAbstract:
This commentary analyses Article 7.3.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning restitution with respect to contracts to be performed at one time. Under Art 7.3.6, when a contract to be performed at one time is terminated, either party may claim restitution of whatever it has supplied under the contract, provided that such party concurrently makes restitution of whatever it has received under the contract. This commentary discusses contracts to be performed at one time, concurrent restitution, reasonable allowance for restitution in kind that is not possible or appropriate, compensation for expenses reasonably required to preserve or maintain the performance received, rules on non-performance, rights of third parties with respect to performance, and burden of proof relating to restitution.
9
Peter, Huber. Ch.7 Non-performance, s.3: Termination, Art.7.3.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0148.
Full textAbstract:
This commentary analyses Article 7.3.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning restitution with respect to contracts to be performed over a period of time. When a contract to be performed over a period of time is terminated, Art 7.3.7 stipulates that restitution can only be claimed for the period after termination has taken effect, provided the contract is divisible. The purpose of this provision is to exclude retroactive restitution after termination of a divisible contract which was to be performed over a period of time, based on the idea that ‘it may be inconvenient to unravel performances that may have been made, in the past, over a long period of time’.
10
Peter, Huber. Ch.7 Non-performance, s.3: Termination, Art.7.3.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0142.
Full textAbstract:
This commentary analyses Article 7.3.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the aggrieved party's right to terminate the contract if the other party fails to perform an obligation under the contract. Art 7.3.1 sets out the requirements which must be met if one party wishes to terminate the contract in response to the other party's non-performance. The basic rule is that termination will be available as a remedy if the other party's non-performance amounts to a fundamental non-performance. This commentary discusses the policy considerations underlying Art 7.3.1, freedom of contract, termination for fundamental non-performance, termination after expiry of an additional period of time for performance, use of the Nachfrist mechanism within the doctrine of fundamental non-performance, termination for partial non-performance, burden of proof relating to termination, and effects of termination.
Book chapters on the topic "Non-performance of contract"
1
Helvacı, İlhan. "Non-performance of the Obligation." In Turkish Contract Law, 145–65. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-60061-1_22.
Full text
2
Doherty, Neil A., and Harris Schlesinger. "Rational Insurance Purchasing: Consideration of Contract Non-Performance." In Managing the Insolvency Risk of Insurance Companies, 283–94. Dordrecht: Springer Netherlands, 1991. http://dx.doi.org/10.1007/978-94-011-3878-9_11.
Full text
3
Khalil, Usman, Mueen Uddin, Hashem Alaidaros, and Adnan Akhunzada. "NFTs for the Unassailable Authentication of IoT Devices in Cyber-Physical Systems: An Implementation Study." In Proceedings in Technology Transfer, 87–95. Singapore: Springer Nature Singapore, 2025. https://doi.org/10.1007/978-981-97-8588-9_9.
Full textAbstract:
Abstract In the rapidly evolving landscape of IoT-enabled smart devices, significant challenges persist in integration to web3, security, and data reliability. This research presents the design and integration of IoT assets, particularly devices, through the Novel Decentralized Smart City of Things (DSCoT) framework. ESP32 microcontrollers serve as Ethereum clients, generating Externally Owned Accounts (EOA) for device identification and authentication. Despite resource constraints, including limited computational capabilities, essential libraries that manage tasks such as Wi-Fi module control, interaction with Ethereum-based blockchains, TCP connection management, and EEPROM operations for persistent data storage. The code is structured with functions for Wi-Fi setup, TCP API requests, and secure communication challenges. Integration involves compiling and flashing the code onto ESP32 devices, verifying EOA generation, and mapping devices, fog nodes, and users through smart contract interactions. The deployment process culminates in the generation of Non-Fungible Tokens (NFTs) for user authentication, with transaction verification on the Goerli testnet confirming successful DSCoT edge system implementation. This research underscores the importance of secure and decentralized integration of IoT-enabled smart devices to the blockchain, enhancing performance while ensuring security and transparency.
4
"Consequences of Non-performance." In European Contract Law. Hart/Nomos, 2018. http://dx.doi.org/10.5040/9781509920570.ch-006.
Full text
5
Schulze, Reiner, and Fryderyk Zoll. "Chapter 6 Consequences of Non-performance." In European Contract Law, 225–74. Nomos, 2015. http://dx.doi.org/10.5771/9783845265100-225.
Full text
6
Schulze, Reiner, and Fryderyk Zoll. "Chapter 6 Consequences of Non-performance." In European Contract Law, 241–94. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845287850-241.
Full text
7
Samuel, Geoffrey. "Non-Performance of a Contract." In Sourcebook on Obligations & Remedies 2/e, 511–610. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843143161-6.
Full text
8
Jansen, Nils, and Reinhard Zimmermann. "Particular Remedies for Non-Performance." In Commentaries on European Contract Laws. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790693.003.0010.
Full textAbstract:
If a comparative lawyer was asked to draw up a list of problems in which continental and common law systems fundamentally and characteristically diverge, the question of ‘specific performance’, ‘exécution forcée en nature’, or ‘Erfüllungsanspruch’ would probably make one of the top places. Will the law compel a debtor personally to do what he has promised to do? Or will it release him by way of payment of a sum of money? In other words, will the non-performance of a contractual obligation entitle the creditor to request performance in kind or will the creditor be relegated to a claim for damages? The starting points of both systems hardly appear reconcilable.
9
Arvind, TT. "17. Non-compensatory remedies." In Contract Law, 506–35. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829263.003.0017.
Full textAbstract:
This chapter considers a range of non-compensatory remedies that are available at English law in cases of breach. Non-compensatory remedies seek to respond to breach of contract in ways other than compensation. The starting point for non-monetary obligations is that breach is best remedied through the award of damages. Literal enforcement of such an obligation, through an order for specific performance or an injunction, is only awarded in exceptional circumstances. In contrast, obligations involving the payment of a definite sum of money are frequently literally enforced through the remedy of debt. This chapter first examines literal performance as a non-compensatory remedy before discussing debt, gain-based remedies, and restitution interest.
10
Arvind, TT. "17. Non-compensatory remedies." In Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198703471.003.0017.
Full textAbstract:
This chapter considers a range of non-compensatory remedies that are available at English law in cases of breach. Non-compensatory remedies seek to respond to breach of contract in ways other than compensation. The starting point for non-monetary obligations is that breach is best remedied through the award of damages. Literal enforcement of such an obligation, through an order for specific performance or an injunction, is only awarded in exceptional circumstances. In contrast, obligations involving the payment of a definite sum of money are frequently literal enforced through the remedy of debt. This chapter first examines literal performance as a non-compensatory remedy before discussing debt, gain-based remedies, and restitution interest.
Conference papers on the topic "Non-performance of contract"
1
Plotnic, Olesea, and Valeria Praporșcic. "Consequences Of Non-Performance Of Commercial Contracts." In 27th International Scientific Conference “Competitiveness and Innovation in the Knowledge Economy”. Academy of Economic Studies of Moldova, 2024. http://dx.doi.org/10.53486/cike2023.74.
Full textAbstract:
Non-performance of contractual obligations represents a fundamental aspect of civil law and contractual relationships, with significant implications in the legal and economic spheres. This issue raises essential questions regarding the legal consequences of failing to fulfill obligations assumed in a contract and how it affects the relationships between parties. The legal nature of non-performance of contractual obligations can be analyzed from various perspectives, including theories of civil liability, contractual consequences, and principles of contract law. The analysis of this concept is essential for understanding the functioning of contractual relationships and legal systems in general. In essence, the paper aims to provide a comprehensive understanding of the impact of non-performance of contracts in different contexts and to propose solutions and strategies for managing these situations, contributing to the development of knowledge in the field of contract law and business. The aim of the paper is to analyse and discuss the legal, commercial, and social impact and implications of non-performance of obligations specified in a contract, including in the context of climate change, circular economy and sustainable development. The non-performance of contracts in business is a current issue with significant implications in the legal and business world. It is essential for contracting parties to understand the consequences and to develop appropriate strategies to prevent and efficiently manage such situations. The study of non-performance of contractual obligations aims not only to understand its consequences but also to contribute to the improvement of the process of contract formation and management, thereby safeguarding the interests of the parties involved in commercial relationships.
2
Cazanel, Maria. "SUSPENDING THE PERFORMANCE OF OBLIGATIONS BY INVOKING CONTRACT NON-PERFORMANCE." In 5th SGEM International Multidisciplinary Scientific Conferences on SOCIAL SCIENCES and ARTS SGEM2018. STEF92 Technology, 2018. http://dx.doi.org/10.5593/sgemsocial2018h/11/s02.040.
Full text
3
Tokareva, K. G., and E. R. Seiidova. "Responsibility of the parties for non-performance or improper performance of the contract supplies." In TRENDS OF DEVELOPMENT OF SCIENCE AND EDUCATION. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/lj-08-2018-45.
Full text
4
Gheorghe, Elena-Iuliana. "Optimizing Contracting via Performance-Based Contracts." In Ninth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research, 407–12. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2023. http://dx.doi.org/10.31410/limen.2023.407.
Full textAbstract:
Economic theory regards the contract as a trading instrument that provides an optimal allocation of scarce resources (Posner, 1973). In this view, the economic utility of the contract is conferred by its binding force, and its binding force is justified by its ability to increase general welfare. Contract formation is an essential starting point in economic analysis. The need to conclude contracts with clear and well-defined terms is pressing. Primarily, a defective, incomplete contract, formulated in contradictory terms, is an invitation to default (Almășan, 2018). Secondly, as a result of non-execution, the contracts in question are referred to the courts, which have the difficult task – of ascertaining the real intent of the parties and giving it legal effect. The proliferation of problematic contracts has led to the undeniable reality that the courts are burdened with such disputes, which could easily have been avoided by better ex-ante consideration. In response to these inadequacies, Performance-Based Contracts have emerged. The development of performance-based contracts has been a collaborative and evolutionary process, influenced by academic research, economic theories, and the practical needs of organizations in various sectors. In light of the above, the article aims to analyze the advantages and disadvantages of performance-based contracting, the implications of the widespread use of this contracting method and its prospects.
5
Pilipović, Dejan. "KARAKTERISTIKE UGOVORA O PRODAJI TOPLOTNE ENERGIJE." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.439p.
Full textAbstract:
Modern legal transactions are carried out in a way of concluding of various contracts. Therefore it is noticed an increased number of specific contracts arising in connection with services of general economic interest and in connection with the performance of communal services. In the article, the author seeks to find concrete characteristics, and to give their typology through the scientific examination of the heat energy sale contract. The author also tries to present the specifics of this contract. The picture of this contract is given through the prism of its characteristics. The author starts from the typology of the characteristics of this contract with subtypes: "classical-obligatory" characteristics (simple characteristics, when the contract is carried out through the classical classification of the contract law and the non-simple characteristics when it is possible to discuss whether the contract is named and simple) and "specific consumer-communal" characteristics (services of general economic interest and communal activity of heat supply in connection with this contract; freedom of contract, restrictions of freedom of contract and content of the contract - boundary characteristics with "classical-obligatory" and derivative). The division is neither exclusive nor perfect, because these characteristics sometimes intertwine, they are conditioned and correlated due to the "consumer-communal" context of this contract, but it is important for this scientific analysis.
6
Bulygina, Natalya. "ERRORS, ALLOWED IN THE PREPARATION OF FOREIGN TRADING CONTRACTS BY RUSSIAN PARTICIPANTS OF FOREIGN ECONOMIC ACTIVITY, AND ALSO AS A RESULT OF NON-IMPLEMENTATION OR EXECUTIONS OF THE CONTRACT." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02032-6/033-042.
Full textAbstract:
The article considers the mistakes made by Russian participants in foreign economic activity, as well as the consequences of non-performance or improper performance of the contract. Remedies of the Convention as they are established by their agreed, effective system of measures.
7
Indrawan, E. "Company Cost Estimate Method, Performance and Benchmark Toward Industry Practice and International Guidelines in Contract Sourcing." In Indonesian Petroleum Association - 46th Annual Convention & Exhibition 2022. Indonesian Petroleum Association, 2022. http://dx.doi.org/10.29118/ipa22-bc-29.
Full textAbstract:
Oil and Gas Companies consistently strive to maximize production to maintain revenue and to continue to lower operating costs regardless of the actual oil price. Cost estimates play an important part in managing Company expenditures, therefore there must be good accuracy in cost estimates. Company cost estimates in contract sourcing and operating expenditure (OPEX) budgets are described. Three different methods of escalated historical data, market intelligence, and should-cost model are described and their key factors identified. The cost estimates are benchmarked to Industry Practices of Independent Project Analysis (IPA) research results, International Guideline of Association for the Advancement of Cost Engineering (AACE) and the Guild of Project Control (GPC) as well as the Company’s own business performance at bid or tender phases. The cost estimate comparison between Engineering Estimate vs Approved Contract Value in contract sourcing and Detailed vs Non-Detailed Budget Review process in OPEX is graphically presented in timeline history and total estimated cost savings is measured. Company cost accuracy performance in contract sourcing for 2020-Q4 and 2021-Q1 to Q3 was 13.9%, 11.3%, 5.5% and 5.6% respectively with no fail tender performance in the procurement process. The corresponding managed budget was X, 38X, 14X & 72X respectively with total estimated cost saving of 7% for the total managed budget. A cost accuracy of 5-6% is well within Company performance, industry practice, and International Guidelines. Such performance strongly supports Company business performance in the current oil and gas industry business environment. Using a Detailed Budget Review process, more than 90% of the OPEX budget was reviewed, taking into consideration the actual contract status, the nature of the contract and the current contract price for the main budget items. The escalation rates in the Detailed Budget Review for 2021 to 2023 were 0.7%, 1.7%, and 1.0% while for the Non-Detailed Budget Review the escalation rates were 4.5%, 5.0%, and 4.3% respectively. The corresponding managed budget was X, 0.97X, and 0.91X respectively with total estimated cost savings of 3.3% for the total managed budget.
8
Fillers, Aleksandrs. "Atsevišķi problēmjautājumi saistībā ar līgumu izpildi." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.10.
Full textAbstract:
The article analyses two topics that have been rarely discussed in Latvian legal literature. Firstly, like most continental legal systems, the Latvian Civil Law recognizes the so-called exceptio non adimpleti contractus. This is a defence that allows a party to a contract to withhold its performance, if the counterparty does not perform its part of the contract. The article analyses how this defence applies, if the counter-performance is provided but turns out to be defective. Secondly, the article deals with the problem of creditor’s default (mora creditoris). The Latvian Civil Law provides an option for the debtor to terminate the original obligation, if the object of the contract is tangible and the creditor refuses to accept it. The debtor can deposit the object or sell it. However, it does not contain a similar rule for other types of obligations, most notably – services. The article suggests a solution that would grant the debtor an “exit strategy” in case of creditor’s default.
9
Pereira, Y. S., N. Lukin, S. S. Rodrigues, and P. R. V. da Costa. "New Method for Evaluating and Managing Reability of Drilling Rigs Critical Systems." In Offshore Technology Conference Brasil. OTC, 2023. http://dx.doi.org/10.4043/32714-ms.
Full textAbstract:
Abstract For the Performance Contract philosophy, evaluating performance is an essential part of aligning interests in contracted relationships. Furthermore, it allows for assessing the effectiveness of contracted initiatives, enhancing efficiency by fostering competitiveness and autonomy. In the offshore drilling industry, NPT (Non-Productive Time) is commonly used as a metric for evaluating asset management performance. However, this indicator has many limitations that impact a robust evaluation of contractor and manufacturer management. To increase the consistency of performance evaluation in drilling management, the initiative sought to expand the currently applied fleet management concepts through the application of Mean Time Between Failures (MTBF) and availability concepts. However, for an accurate diagnosis, it is necessary to individualize goals by critical system, so that each system receives a specific target to compare with fleet results. The drilling rigs and operators are then given a rating based on the weighting of system ratings. With structured data, the performance of different operators, manufacturers, and rig classes can be compared, revealing their strengths and improvement opportunities. Additionally, statistical analyses were used to identify significant variables, such as the intrinsic reliability of manufacturers.
10
Mićović, Andrej. "Zaštita prava putnika povodom ugovora o organizovanju putovanja." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.259m.
Full textAbstract:
The subject of the legal analysis in this paper are the legal mechanisms for the protection of travellers before the conclusion of the package travel contract (pre- contractual information duty), before the start of the package (transfer of the package to another traveller and the right to terminate the contract) and the rights of travellers in the case of non-performance of the contract (the right to demand proper fulfillment, price reduction, the right to terminate the contract and compensation for damages). The paper analyzes the existing rules contained in the Consumer Protection Act and the newly proposed rules contained in the Draft Consumer Protection Act adopted in accordance with the Directive 2015/2302/EU.
Reports on the topic "Non-performance of contract"
1
Wyatt, Alan. Case Study: Performance-based Contract for NRW Reduction and Control New Providence, Bahamas. Inter-American Development Bank, January 2018. http://dx.doi.org/10.18235/0009375.
Full textAbstract:
The purpose of this case study is to review the context, preparation and implementation progress of the Bahamas Water and Sewerage Corporation’s (WSC) Performance-based Contract (PBC) for Non-Revenue Water (NRW) management in New Providence, Bahamas. This innovative contract was implemented as part of the IDB Loan Project: WSC Support Program – New Providence Water Supply and Sanitation Systems Upgrade (BH-L1028). Specialists at IDB, at other international organizations and managers and policymakers at the country / utility levels in the LAC Region will gain an in-depth look into how this project was formulated, and how it was, and is still, being implemented and monitored. They can also gain lessons of experience on NRW and the use of PBCs from the experience of the Bahamas. The Bahamas is overstressed on water availability, and New Providence is one of the most overstressed areas in the Caribbean. WSC began operations in 1976 under times of water stress and rationing, but in good financial condition. Looking forward, WSC’s main development strategy was to continually add small increments of production capacity to be able to meet demand with a narrow margin. As time went on, wells and barged water supplies became far less attractive, due to salinization of many aquifers and logistical difficulties with barging. At this time, desalination is the only viable source of water for New Providence, in spite of its cost.
2
Andrabi, Tahir, and Christina Brown. Subjective versus Objective Incentives and Teacher Productivity. Research on Improving Systems of Education (RISE), March 2022. http://dx.doi.org/10.35489/bsg-rise-wp_2022/092.
Full textAbstract:
A central challenge facing firms is how to incentivize employees. While objective, output-based incentives may be theoretically ideal, in practice they may lead employees to reduce effort on non-incentivized outcomes and may fail in settings where effort is weakly tied to output. We study the effect of subjective incentives (manager performance evaluation) and objective incentives (test score-based) relative to no incentives for teachers using an RCT in 230 Pakistani schools. First, we show that subjective and objective incentives both increase test scores and have similar magnitude effects. However, objective incentives decrease non-test score student outcomes relative to subjective incentives. Second, we show that teachers’ effort response is very different under each scheme, with attendance increasing under subjective and teaching quality decreasing under objective. Finally, we rationalize these effects through the lens of a moral hazard model with multi-tasking. We use within-treatment variation to isolate the causal effect of contract noise and distortion and show that these channels explain most of our reduced form effects.
3
Williams, Charles, Andrew S. Green, Douglas Dahle, John Barnett, Pat Butler, and David Kerner. Potential for the Use of Energy Savings Performance Contracts to Reduce Energy Consumption and Provide Energy and Cost Savings in Non-Building Applications. Office of Scientific and Technical Information (OSTI), August 2013. http://dx.doi.org/10.2172/1165070.
Full text
4
Bravo-Ureta, Boris E., and Horacio Cocchi. On-Site Costs and Benefits of Soil Conservation Among Hillside Farmers in El Salvador. Inter-American Development Bank, November 2007. http://dx.doi.org/10.18235/0011143.
Full textAbstract:
This study analyses the relationships between farm income, adoption of conservation technologies and output diversification among PAES participants by comparing their performance at two points in time, 2002 and 2005, and against non-participants (control group) in 2005. The indicators reveal that the soil conservation and agroforestry component of PAES has been highly profitable. The outcome of the study shows crop diversification and soil conservation practices exhibit a strong positive association with the length of farmers' involvement with PAES and their participation in social organizations, and the positive association between conservation practices and income contrasts with the effects of conservation structures, which is negative but non-significant.
5
Newmark, Gregory L. Measurement and Prediction of Transit System Performance Using Probe Data Generated through DSRC and non-DSRC Technologies. Mineta Transportation Institute, October 2024. http://dx.doi.org/10.31979/mti.2024.2008.
Full textAbstract:
This research explores the application of two different probe data standards to transit performance measurement. The first section chronicles the proposed and implemented transit uses of dedicated short-range communication (DSRC) technologies during the two decades between the standard’s emergence and its announced sunset. The research finds that, despite proposed applications across safety, operation, and information domains, DSRC never became embedded in transit operations. By contrast, the general transit feed specification (GTFS) standard with its real-time (RT) extension has been widely embraced and offers the potential to use the associated VehiclePosition messages as probe data to generate detailed transit performance metrics. The second section presents a method to decompose transit routes into segments (defined as the path between subsequent stops) and to impute three key time points for each segment: arrival time at the segment start, departure time from the segment start, and arrival time at the segment end. This method is applied to several days of GTFS-RT data from the Modesto Area Express to assess the accuracy of the imputation (in comparison to reported times from the TripUpdate messages) and, in the third and final section, to generate and visualize a series of performance metrics. These metrics assess the deviation between the designed travel times from the GTFS Schedule data and the actual travel times imputed from the GTFS-RT feeds. The research demonstrates an innovative approach to transform probe data generated by GTFS-RT feeds into valuable measures of transit performance at segment-level granularity. The research emphasizes the importance of segment-level transit performance measurement while recognizing that the methods used to impute segment time points are likely to change over time as the GTFS-RT standard evolves.
6
Al-Qadi, Imad, Aravind Ramakrishnan, Zehui Zhu, Izak Said, Greg Renshaw, Hasan Ozer, and Ramadan Salim. Optimized Hot-Mix Asphalt Lift Configuration for Performance. Illinois Center for Transportation, May 2023. http://dx.doi.org/10.36501/0197-9191/23-006.
Full textAbstract:
Researchers conducted eight large-scale laboratory tests to assess the combined impact of hot-mix asphalt (HMA) overlay mix and thickness on its performance to control reflective cracking. Bonding efficiency, flexibility, and stiffness of the HMA mix as well as overlay thickness significantly affect an overlay’s performance against reflective cracking. Researchers developed a generalized 3D finite-element model to predict an overlay’s reflective cracking potential and generated a database of 128 cases. They also developed a data-driven surrogate model to predict reflective cracking potential that engineers can easily use. Life-cycle cost analysis of overlay alternatives was performed using Illinois Department of Transportation’s unit prices from contracts between 2018 and 2019. The researchers identified optimal overlay configurations to control reflective cracking. An overlay composed of a 1.5 in (38.1 mm) SMA-9.5 or 1.25 in (31.8 mm) IL-9.5FG surface course and a 0.75 in (19.1 mm) IL-4.75 binder course had the lowest annual cost per mile among non-interstate projects. For interstate projects, an overlay composed of a 2 in (50.8 mm) SMA-12.5 surface course and a 2.25 in (57.2 mm) IL-19.0 binder course was the most cost-effective. The study concluded that to control reflective cracking and to reduce life-cycle cost, an overlay composed of an SMA-9.5 surface course and an IL-4.75 binder course is recommended for non-interstate projects. An IL-9.5FG surface course and an IL-4.75 binder course are suggested for low-volume and low-speed roads. For interstate projects, an overlay comprised of an SMA-12.5 surface course and an IL-19.0 binder course is recommended. A data-driven surrogate model may be used to design overlay thicknesses.
7
Niles, John S., and J. M. Pogodzinski. Steps to Supplement Park-and-Ride Public Transit Access with Ride-and-Ride Shuttles. Mineta Transportation Institute, July 2021. http://dx.doi.org/10.31979/mti.2021.1950.
Full textAbstract:
Public transit ridership in California declined in the five years before the pandemic of 2020–21 and dropped significantly further after the pandemic began. A sharp downward step in the level of transit boarding occurred after February 2020, and continues to the date of this report as a result of the public-health guidance on social distancing, expanded work-at-home, and a travel mode shift from public transit to private cars. A critical issue has come to the foreground of public transportation policy, namely, how to increase the quality and geographic reach of transit service to better serve the essential trips of mobility disadvantaged citizens who do not have access to private vehicle travel. The research focus of this report is an examination of the circumstances where fixed route bus route service could cost-effectively be replaced by on-demand microtransit, with equivalent overall zone-level efficiency and a higher quality of complete trip service. Research methods were reviews of documented agency experience, execution of simple simulations, and sketch-level analysis of 2019 performance reported in the National Transit Database. Available evidence is encouraging and suggestive, but not conclusive. The research found that substitutions of flexible microtransit for fixed route buses are already being piloted across the U.S., with promising performance results. The findings imply that action steps could be taken in California to expand and refine an emphasis on general purpose microtransit in corridors and zones with a relatively high fraction of potential travelers who are mobility disadvantaged, and where traditional bus routes are capturing fewer than 15 boardings per vehicle hour. To be sufficiently productive as fixed route replacements, microtransit service technologies in the same or larger zones need to be capable of achieving vehicle boardings of five per hour, a challenge worth addressing with technology applications. Delivery of microtransit service can be undertaken through contracts with a growing set of private sector firms, which are developing processes to merge general purpose customers with those now assigned to ADA-required paratransit and Medi-Cal-supported non-emergency medical transport.
8
Cao Romero, Julio A., Jorge Reyes-Avendaño, Julio Soriano, Leonardo Farfan-Cabrera, and Ali Erdemir. A Pin-on-Disc Study on the Electrified Sliding Wear of EVs Powertrain Gears. SAE International, March 2022. http://dx.doi.org/10.4271/2022-01-0320.
Full textAbstract:
In contrast to conventional powertrains from internal combustion engine vehicles (ICEV), the tribological performance of powertrains of electric vehicles (EVs) must be further evaluated by considering new critical operating conditions such as electrical environments. The operation of any type of electric motor produces shaft voltages and currents due to various hardware configurations and factors. Furthermore, the common application of inverters intensifies this problem. It has been reported that the induced shaft voltages and currents can cause premature failure problems in tribological components such as bearings and gears due to accelerated wear and/or fatigue. It is ascribed to effects of electric discharge machining (EDM), also named, sparking wear caused by shaft currents and poor or increasingly diminishing dielectric strength of lubricants. A great effort has been done to study this problem in bearings, but it has not yet been the case for gears. Considering that EVs powertrains can be configurated with an electric motor coupled to a single-speed or multi-speed transmission, it is expected that shaft currents can also affect gears to some extent. The pin-on-disc test has been widely used to study sliding wear of gear materials under comparable or realistic operating conditions. This accelerated test is effective for screening materials, lubricants and operating conditions allowing evaluations of their friction and wear properties. However, it has not been implemented for studying gear materials under electrified environments. Thus, this paper aims to explore the friction coefficient and wear of gear materials under non-electrified and electrified sliding in a pin-on-disc tester applying typical of EVs powertrain shaft currents during sliding. The tests were carried out at two different DC currents under comparable gear dry and lubricated sliding contact conditions. Friction coefficient, wear volumes and morphologies were evaluated and reported in this work.
9
DCE-MRI V.2, Consensus QIBA Profile. Chair Hendrik Laue and James O'Connor. Radiological Society of North America (RSNA)/Quantitative Imaging Biomarkers Alliance (QIBA), December 2023. https://doi.org/10.1148/qiba/20231206.
Full textAbstract:
The goal of the DCE-MRI quantification QIBA Profile version 2.0 is to provide an update from the Dynamic Contrast Enhanced MRI (DCE-MRI) Quantification profile (version 1.0, dated July 1, 2012) in order to include the use of 3 Tesla (T) MRI and the use of parallel imaging with receiver coil arrays. While many pharmacokinetic models have been described, this QIBA Profile (DCE-MRI Quantification) specifically addresses the physiological parameter Ktrans derived from the Tofts or generalized kinetic model (GKM) (1), which is correlated with the vessel (surface/area product and permeability) and haemodynamic (flow) properties. Tofts et al. introduced an extended Tofts model or extended GKM (eGKM), including a signal contribution from the arteries to cover tissue with higher vascularization (1). DCE-MRI is recognized as a potential method to provide predictive, prognostic, and/or physiological response biomarkers for cancer (2–10). This potential has been obtained despite considerable variation in the methods used for acquisition and analysis of the DCE-MRI data. This suggests there are substantial physiological differences (i.e., benign vs. malignant or non-responsive vs. responsive tumors) underlying these observations. Thus, there is potential value recognized in the integration of DCE-MRI for basic research, drug development, clinical research, and in routine clinical practice. However, in order to fulfill the promise of using DCE-MRI as a clinically useful tool, it is essential that common quantitative endpoints are used and that results are independent of imaging platforms, clinical sites, and time. Update to include 3T: With the inclusion of 3T MRI, we have introduced “recommended” procedures to calibrate and compensate for radio frequency (RF) transmit (or B1 + field) inhomogeneity, described in the subsequent sections. At 3T, this calibration is ideally utilized to obtain the desired precision of the resulting DCE-MRI biomarkers in the breast and prostate, and this finding is expected to generalize to all other body parts (11,12). This profile also contains an Appendix with recommended vendor-specific procedures for acquiring the requisite calibration information. Update to include Parallel Imaging: The inherent trade-offs between temporal and spatial resolution can be improved by using parallel imaging techniques to accelerate acquisition. But, the use of parallel imaging comes at the expense of signal-to-noise ratio (SNR) and potential artifacts. Nevertheless, modest acceleration factors are beneficial in the context of DCE-MRI and a range of acceleration factors are described in this profile. Profile development is an evolutionary, phased process; this Profile is in the Public Comment Resolution Draft stage. The performance claims represent expert consensus and will be empirically demonstrated at a subsequent stage. Users of this Profile are encouraged to refer to the following site to understand the document’s context: http://qibawiki.rsna.org/index.php/QIBA_Profile_Stages. The Claim (Section 2) describes the biomarker performance. The biomarker performance claims are derived from the body of scientific literature that have presented test-retest studies meeting scientific requirements. The Activities (Section 3) contribute to generating the biomarker. Requirements are placed on the Actors that participate in those activities as necessary to achieve the Claim. Assessment Procedures (Section 4) for evaluating specific requirements are defined as needed to ensure acceptable performance. Conformance (Section 5) regroups Section 3 requirements by the Actor to conveniently check Conformance to the profile. This document is intended to help imaging staff generating this biomarker, vendor staff developing related products, purchasers of such products, clinicians who are using this biomarker to aid in clinical decisions, and researchers using this imaging biomarker as an endpoint measure within clinical trials. Note that this document states requirements to achieve the specified Claims and does not reflect “standard of care” requirements for DCE-MRI. Due to the limited availability of test-retest studies, some of the Claims were achieved based on protocols that are outdated relative to the currently available imaging capabilities. Therefore, this profile also provides recommendations based on consensus by the DCE-MRI committee that reflect current quantitative DCE-MRI practices. Conformance to this Profile is secondary to properly caring for the patient.
10
Weinberg, Zwi G., Adegbola Adesogan, Itzhak Mizrahi, Shlomo Sela, Kwnag Jeong, and Diwakar Vyas. effect of selected lactic acid bacteria on the microbial composition and on the survival of pathogens in the rumen in context with their probiotic effects on ruminants. United States Department of Agriculture, January 2014. http://dx.doi.org/10.32747/2014.7598162.bard.
Full textAbstract:
This research project was performed in context of the apparent probiotic effect of selected lactic acid bacteria (LAB) silage inoculants on the performance of ruminants (improved feed intake, faster live-weight gain, higher milk yields and improved feed efficiency). The overall objective was to find out how LAB affect ruminant performance. The project included several “chapters” as follows: 1. The effect of LAB silage inoculants on the survival of detrimental bacteria in rumen fluid, in vitro study (Weinberg et al., The Volcani Center). An in vitro model was developed to study the interaction between selected LAB and an E. coli strain tagged with green fluorescence protein (GFP) in buffered RF. Results indicated that both LAB inoculants and E. coli survived in the RF for several days; both LAB inoculants and LAB-treated silages did not affect survival of E. coli in rumen fluid in vitro. The effect of feeding baled wheat silages treated with or without three selected LAB silage inoculants on the performance of high-lactating cows (Weinberg et al., The Volcani Center). Treatments included control (no additive), Lacobacillusbuchneri40788 (LB), Lactobacillus plantarumMTD1 40027 (LP) and Pediococcuspentosaceus30168 (PP), each applied at 10⁶ cfu/g FM. The silages were included in the TMR of 32 high milking Holstein cows in a controlled feeding experiment. All baled silages were of good quality. The LB silage had the numerically highest acetic acid and were the most stable upon aerobic exposure. The cows fed the LB silages had the highest daily milk yields, percent milk fat and protein. The microbiome of baled wheat silages and changes during ensiling of wheat and corn (Sela et al., The Volcani Center). Bacterial community of the baled silages was dominated mainly of two genera in total, dominated by Lactobacillus and Clostridium_sensu_stricto_12 with 300 other genera at very low abundance. Fungal community was composed mainly of two genera in total, dominated by Candida and Monascuswith 20 other genera at very low abundance. In addition, changes in the microbiome during ensiling of wheat and corn with and without addition of L. plantarumMTD1 was studied in mini-silos. Overall 236 bacterial genera were identified in the fresh corn but after 3 months Lactobacillus outnumbered all other species by acquiring 95% of relative abundance. The wheat silage samples are still under analysis. The effect of applying LAB inoculants at ensiling on survival of E. coli O157:H7 in alfalfa and corn silages(Adesogan et al., University of Florida). E. coli (10⁵ cfu/g) was applied to fresh alfalfa and corn at ensiling with or without L. plantarumor L. buchneri. The pathogen was added again after about 3 moths at the beginning of an aerobic exposure period. The inoculants resulted in faster decrease in pH as compared with the control (no additives) or E. coli alone and therefore, the pathogen was eliminated faster from these silages. After aerobic exposure the pathogen was not detected in the LAB treated silages, whereas it was still present in the E. coli alone samples. 5. The effect of feeding corn silage treated with or without L. buchnerion shedding of E. coli O157:H7 by dairy cows (Adesogan et al., UFL). BARD Report - Project 4704 Page 2 of 12 Five hundred cows from the dairy herd of the University of Florida were screened for E. coli shedding, out of which 14 low and 13 high shedders were selected. These cows were fed a total mixed ration (TMR) which was inoculated with E. coli O157:H7 for 21 days. The TMR included corn silage treated with or without L. buchneri. The inoculated silages were more stable upon aerobic exposure than the control silages; the silage inoculant had no significant effect on any milk or cow blood parameters. However, the silage inoculant tended to reduce shedding of E. coli regardless of high or low shedders (p = 0.06). 6. The effect of feeding baled wheat silages treated with or without three selected LAB silage inoculants on the rumen microbiome (Mizrahi et al., BGU). Rumen fluid was sampled throughout the feeding experiment in which inoculated wheat silages were included in the rations. Microbial DNA was subsequently purified from each sample and the 16S rRNA was sequenced, thus obtaining an overview of the microbiome and its dynamic changes for each experimental treatment. We observed an increase in OTU richness in the group which received the baled silage inoculated with Lactobacillus Plantarum(LP). In contrast the group fed Lactobacillus buchneri(LB) inoculated silage resulted in a significant decrease in richness. Lower OTU richness was recently associated in lactating cows with higher performance (Ben Shabatet al., 2016). No significant clustering could be observed between the different inoculation treatments and the control in non metric multi-dimentional scaling, suggesting that the effect of the treatments is not the result of an overall modulation of the microbiome composition but possibly the result of more discrete interactions. Significant phylum level changes in composition also indicates that no broad changes in taxa identity and composition occurred under any treatment A more discrete modulation could be observed in the fold change of several taxonomic groups (genus level analysis), unique to each treatment, before and after the treatment. Of particular interest is the LB treated group, in which several taxa significantly decreased in abundance. BARD Report - Project 4704 Page 3 of 12