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Books on the topic 'Performance consequence'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Peris-Ortiz, Marta, and José-Luis Hervás-Oliver. Management innovation: Antecedents, complementarities and performance consequences. Edited by Organizational Innovation and its Background, Consequences and Technological Complementarities Performance Conference (2013 : Valencia, Spain). Cham: Springer, 2014.

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2

Davidov, Maayan. Motivational, performance and affective consequences of mastery and performance achievement goals. Ottawa: National Library of Canada, 1999.

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3

Day, George S. Superiority in customer relationship management: Consequences for competitive advantage and performance. Cambridge, Mass: Marketing Science Institute, 2002.

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4

Toward a culture of consequences: Performance-based accountability systems for public services. Santa Monica, CA: RAND, 2010.

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5

Unintended consequences: The impact of factor endowments, culture, and politics on long run economic performance. Cambridge, Mass: MIT Press, 1998.

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6

Talaq, Jaleel. Antecedents and consequences of motivation: An examination of motivation as mediator to human and organisational performance. Wolverhampton: University of Wolverhampton, 2004.

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7

Cadogan, John W. Export market-orientated behaviour, its antecedents, performance consequences, & moderating factors: Evidence from the US & the UK. Birmingham: Aston Business School Research Institute, 1999.

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8

Army War College (U.S.). Strategic Studies Institute and Army War College (U.S.). Press, eds. Russia's counterinsurgency in North Caucasus: Performance and consequences : the strategic threat of religious extremism and Moscow's response. Carlisle Barracks, PA: Strategic Studies Institute and U.S. Army War College Press, 2014.

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9

Bartoli, Gianni, Francesco Ricciardelli, Anna Saetta, and Vincenzo Sepe, eds. Performance of Wind Exposed Structures. Florence: Firenze University Press, 2006. http://dx.doi.org/10.36253/978-88-6453-156-4.

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PERBACCO (a free Italian acronym for Life-cycle Performance, Innovation and Design Criteria for Structures and Infrastructures Facing Æolian and Other Natural Hazards) is a research project partly funded by the Italian Ministry for University (MIUR) in the PRIN (Progetti di Ricerca di Interesse Nazionale) framework, for the years 2004-05.Within the project, a first attempt has been made to integrate different disciplines aiming at an overall optimization of the performance of a wide range of wind exposed structures and infrastructures, with consequent benefi cial impact on the society.The overall objectives were (a) to provide unifi ed concepts for "expected performance" and "risks induced by æolian and other natural hazards", to be applied to structures and infrastructures over their whole life-cycle, such to be acceptable to stakeholders in the construction process (i.e. from the owner to the end-user), (b) to provide models and methodologies for dynamic monitoring of the performance of structures and infrastructures, to be integrated in appropriately designed procedures, and (c) to collect, refi ne, fi le and disseminate the knowledge available on a European basis, concerning the performance of wind-exposed structures and facilities, in a way such to be of use to Construction Industry. This volume summarises the main results obtained during the Project, with each Section addressing a different class of problems, to which many research Units have contributed. A list of papers containing the main results of the research activities carried out within the Project is also provided in each Section.

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10

The risk of social policy: The electoral consequences of welfare state retrenchment and social policy performance in OECD countries. New York: Routledge, 2011.

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11

Oude Nijhuis, Dennie. Religion, Class, and the Postwar Development of the Dutch Welfare State. NL Amsterdam: Amsterdam University Press, 2018. http://dx.doi.org/10.5117/9789462986411.

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This book examines how the Netherlands managed to create and maintain one of the world’s most generous and inclusive welfare systems despite having been dominated by Christian-democratic or ŸconservativeŒ, rather than socialist dominated governments, for most of the post-war period. It emphasizes that such systems have strong consequences for the distribution of income and risk among different segments of society and argues that they could consequently only emerge in countries where middle class groups were unable to utilize their key electoral and strong labor market position to mobilize against the adverse consequences of redistribution for them. By illustrating their key role in the coming about of solidaristic welfare reform in the Netherlands, the book also offers a novel view of the roles of Christian-democracy and the labor union movement in the development of modern welfare states. By highlighting how welfare reform contributed to the employment miracle of the 1990s, the book sheds new light on how countries are able to combine high levels of welfare generosity and solidarity with successful macro-economic performance.

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12

Shuvalova, Irina. Protecting the rights of parents. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1225055.

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This manual analyzes the theoretical and practical aspects of protecting the rights of parents. The issues of protecting the rights of parents in the field of education, in the performance of work duties, in the event of divorce and the legal consequences of this procedure are highlighted. The grounds and amounts of state payments to families with children are given. The article considers the procedure for adoption and establishing the origin of children, the procedure for deprivation and restriction of parental rights, taking into account the practice of application. It is addressed to those citizens who are already parents or plan to become them in the future, and is intended to help ensure that they protect their rights and the rights of their child.

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13

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.

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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.

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14

McGee, C. E. " Strangest consequence from remotest cause": The second performance of The Triumph of Peace. 1991.

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15

Frank, Pendl, Canada Forestry Canada, British Columbia. Ministry of Forests., Forest Resource Development Agreement (Canada), and Canada/BC Economic & Regional Development Agreement., eds. Plantation performance related to Canadian Fire Weather Index System: 10-year consequence of a time-of-planting study in the coast-interior transition zone. Victoria, B.C: Forestry Canada, 1990.

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16

Baru, Sanjaya. Strategic Consequences of India's Economic Performance. Routledge, 2007.

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17

Baru, Sanjaya. Strategic Consequences of India's Economic Performance. Academic Foundation, 2006.

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18

Baru, Sanjaya. Strategic Consequences of India's Economic Performance. Routledge, 2013. http://dx.doi.org/10.4324/9780203770467.

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19

Peris-Ortiz, Marta, and José-Luis Hervás-Oliver. Management Innovation: Antecedents, Complementarities and Performance Consequences. Springer, 2016.

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20

S, Parke Carol, Stone Clement A, and Educational Resources Information Center (U.S.), eds. Consequences of the Maryland School Performance Assessment Program. [Washington, DC]: U.S. Dept. of Education, Office of Educational Research and Improvement, Educational Resources Information Center, 1999.

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21

(Photographer), Bob Langrish, ed. Conformation and Performance: A Guide to the Performance Consequences of Common Conformation Points. Breakthrough Publications, 1997.

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22

Melamed, Daniel R. Listening to Bach. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190881054.001.0001.

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Modern audiences can learn to listen to Johann Sebastian Bach’s Mass in B Minor BWV 232 and Christmas Oratorio BWV 248 in ways that reflect eighteenth-century sensibilities and that recognize our place in the tradition of the works’ performance and interpretation. The sacred music of Bach’s time recognized both old and new styles. In the Mass in B Minor, Bach contrasts, combines, and reconciles them to make a musical point. Listeners can also learn to hear musical types and musical topics that were significant in the eighteenth century, including sleep arias, love duets, and secular choral arias, and how Bach put these types to use. A sensitivity to musical style also offers ways to listen to and think about music created by parody—the reuse of music with new words—like almost all of the Mass in B Minor and most of the Christmas Oratorio. Parody, though interesting, is almost never audible and is of little consequence compared with what listening tells us about a piece. Modern performances are stamped with audible consequences of our place in the twenty-first century. The ideological choices we make in performing the Mass and the Oratorio, the present-day way of performing the Christmas work in relation to the calendar, and the legacy of reception and interpretation have all affected the way his music is understood and heard today.

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23

National Football League Franchises: Team Performances, Financial Consequences. Lexington Books/Fortress Academic, 2016.

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24

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0109.

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This commentary focuses on Article 6.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning order of performance of a contractual obligation. Art 6.1.4 deals with the sequence of performance and counter-performance if the parties have undertaken reciprocal obligations in a bilateral contract. This commentary discusses the content and scope of application of Art 6.1.4, the role of Art 6.1.4 in determining the time of performance for the counter-performance and in determining the order of performance of due contractual obligations, performances to be taken into consideration when determining the time and order of performance, legal consequences of disregarding the order of performance, and burden of proof relating to order of performance.

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25

Stirr, Anna Marie. Songs with Consequences? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190631970.003.0004.

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This chapter focuses on the pragmatics of dohori singing in rural songfests. With a comparative focus on different types of songfest across Nepal’s rural hill areas, it addresses how songfests frame performances in ways that allow for particular pragmatic effects. These are based on forms of ritualized material and musical exchange that idealize the production of equality, yet often still reproduce inequality. It tells the history of dohori as a means of communication across social divides, often with significant material stakes in binding contests that could end in marriage. It discusses dohori’s historical connections with labor exchange and marriage exchange to show how this practice of singing is grounded in ways of producing equality and hierarchy. It gives examples of how binding dohori contests or song duels have been considered threats to the social order and how their outcomes have been reintegrated, changing aspects of individuals’ lives and social relations.

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26

Sonja, Meier. Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0218.

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This commentary analyses Article 11.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effect of performance or set-off. According to Art 11.1.5, performance or set-off by a joint and several obligor or set-off by the obligee against one joint and several obligor discharges the other obligors in relation to the obligee to the extent of the performance or set-off. This rule is a necessary consequence of joint and several obligations. The burden of proof of performance by an obligor rests on the co-obligor being required to perform by the obligee. The same holds true for a discharge by set-off. The PICC contain no provision on the effect of a merger of obligations between the obligee and one of the obligors.

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27

Jr, Jozsa Frank P. Major League Baseball Organizations: Team Performances and Financial Consequences. Lexington Books/Fortress Academic, 2016.

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28

Grover, Arti, Leonardo Iacovone, and Pavel Chakraborty. Management Practices in Croatia: Drivers and Consequences for Firm Performance. World Bank, Washington, DC, 2019. http://dx.doi.org/10.1596/1813-9450-9067.

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29

Moorman, Robert, Holly H. Brower, and Steven Grover. Organizational Citizenship Behavior and Trust: The Double Reinforcing Spiral. Edited by Philip M. Podsakoff, Scott B. Mackenzie, and Nathan P. Podsakoff. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780190219000.013.20.

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Research on trust and organizational citizenship behavior (OCB) has focused mostly on how OCB performance may be a consequence of trusting relationships. However, recent studies of trust have sought to both broaden and deepen our understanding of trust and develop our appreciation of the complexity of the construct. This chapter examines how contemporary treatments of trust enhance our understanding of how trust and OCB performance interrelate. We argue that the relationship between trust and OCB is best modeled as reciprocal, taking the form of a double reinforcing spiral. We further discuss how this model informs our understanding of felt trust, trust violation, and trust recovery.

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30

Melamed, Daniel R. Performing the Mass in B Minor in an Age of Choices. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190881054.003.0001.

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Every performance of Johann Sebastian Bach’'s Mass in B Minor makes choices. The work’s compositional history and the nature of the sources that transmit it require performers to make decisions about its musical text and about the performing forces used in its realization. The Mass’s editorial history reflects deeply ideological views about Bach’s composition and how it should sound, not just objective reporting on the piece, with consequences for performances that follow specific editions. Things left unspecified by the composer need to be filled in, and every decision—including the choice to add nothing to Bach’s text—represents an interpretation. And the long performance history of the Mass offers a range of possibilities, reflecting a tension between the performance of a work like the Mass in Bach’s time and the tradition inherited from the nineteenth century. Every performance thus represents a point of view about the piece; —there are no neutral performances.

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31

Morel, Domingo. Takeover. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190678975.001.0001.

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State takeovers of local school districts emerged in the late 1980s. Although many major U.S. cities have experienced state takeovers of their local school districts, we know little about the political causes and consequences of state takeovers. Relying on historical analysis, case studies, and quantitative analysis, the book offers the first systematic study of state takeovers of local school districts. It shows that although the justifications for state takeovers have generally been based on concerns with poor academic performance, questions of race and political power played a critical role in the emergence of state takeovers of local school districts. Contrary to conventional wisdom, the book demonstrates that under certain conditions, state takeovers can help marginalized populations in their efforts to gain political empowerment. However, in most cases, state takeovers have negative political consequences for communities of color, particularly black communities. A central claim of the book is that efforts to strengthen state governments in the 1970s were a response to the rise of black political empowerment in American cities. As states gained greater powers, urban localities became increasingly subjected to state intervention. The emergence of state takeovers of local school districts in the 1980s was a consequence of the increasing authority of state governments.

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32

Sonja, Meier. Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0216.

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This commentary analyses Article 11.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the obligee's rights against joint and several obligors. When obligors are jointly and severally bound, Art 11.1.3 states that the obligee may require performance from any one of them, until full performance has been received. The obligee thus has the right to choose freely from which of the obligors it wishes to claim performance. In all likelihood this will usually be a solvent obligor. The risk of insolvency of one obligor is therefore borne by the remaining obligors, not by the obligee. This rule is a consequence of the practical rationale of joint and several obligations to serve as a form of personal security. The obligee is entitled to commence judicial proceedings against one of the obligors, claiming the whole performance from it, without involving or informing the other obligors. This commentary also considers the rights of the obligee in the case of non-performance.

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33

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0111.

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This commentary analyses Article 6.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the place of performance of a contractual obligation. The place of performance is the place at which the obligor has to perform the acts necessary to honour its obligation. According to Art 6.1.6, monetary obligations must be discharged at the place of business of the obligee and non-monetary obligations at the place of business of the obligor. This commentary discusses the relevance of place of performance, problems related to interpretation of stipulations regarding place of performance, default rule for determining place of performance, place of performance for non-performance and restitution claims, the notion of place of business and consequences of a change in place of business or a change of parties, legal consequences related to performance at a wrong place, and burden of proof relating to place of performance.

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34

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.1: Assignment of rights, Art.9.1.8. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0177.

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This commentary analyses Article 9.1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC). According to Art 9.1.8, the obligor has a right to be compensated by the assignor or the assignee for any additional costs caused by the assignment. The additional costs for which the obligor claims compensation must be caused by the assignment of a right; that is, they must be a direct consequence of it. In particular, additional costs may be caused by the fact that performance has to be rendered at a different place or to more than one obligee in the case of a partial assignment. This commentary discusses additional costs relating to change of place of performance and partial assignments, as well as the obligor's right to choose to claim compensation from either the assignor or the assignee.

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35

Cruces, Guillermo, Gary S. Fields, David Jaume, and Mariana Viollaz. Peru. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801085.003.0020.

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The Peruvian economy performed exceptionally well between 2000 and 2012, with a growth performance that placed the country well above the regional average and an improvement in all labour market indicators. The chapter shows that the economy suffered a slowdown as a consequence of the international crisis of 2008, but Peru sustained positive GDP growth rates during that episode and had only a small reduction in gross domestic product per capita. The only labour market indicators impacted by the international crisis were the employment structure by educational level and the percentage of registered workers who suffered a slowdown in their improving trends.

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36

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0106.

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This commentary focuses on Article 6.1.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the time of performing a contractual obligation. Art 6.1.1 determines when a party has to perform its contractual obligations. This is the time, or within the period of time, explicitly or impliedly stipulated in the contract within a reasonable time after the conclusion of the contract. This commentary discusses the notion of timely performance and the consequences of untimely performance, time of performance fixed by the parties, time of performance according to the default rule, obligee's failure to co-operate in regard to timely performance, changes in time of performance, and the burden of proof relating to time of performance.

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37

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0110.

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This commentary focuses on Article 6.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning early performance of a contractual obligation. Art 6.1.5(1) stipulates that the obligor is not entitled to early performance. Early performance is equated with non-performance and may be rejected by the obligee without any further justification. The problem of premature performance only arises if the parties have fixed a date or a period of performance with a definite starting date. This commentary discusses the rule disallowing early performance of contractual obligations, an exception to the rule, and consequences of acceptance of early performance with particular emphasis on additional expenses, remedies for non-performance, right of obligor to discount, and time of counter-performance.

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38

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.15. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0120.

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This commentary analyses Article 6.1.15 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the procedure in applying for public permission. According to Art 6.1.15, the party required to take the measures necessary to obtain the permission shall do so without undue delay and shall bear any expenses incurred. The party's obligation to apply for a public permission without undue delay should be seen as part of the general duty to handle the entire application procedure with due diligence. This commentary discusses the time of application for public permission, expenses related to permission, duty to give notice of results of application, and the consequences of the responsible party's failure to notify its counterpart of the grant or refusal of the permission without undue delay.

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39

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0108.

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This commentary focuses on Article 6.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning partial performance of a contractual obligation. Art 6.1.3 addresses the question of whether the obligee has the right to reject partial performance or, conversely, whether the obligor has the right to discharge itself at least partly when the time of performance is due. This commentary discusses the content and scope of application of Article 6.1.3, definition of partial performance with regard to contractual obligations, right of the obligee to reject partial performance and obligation to accept partial performance, and legal consequences of acceptance or rejection of partial performance. It also considers the right of rejection in case of only partly possible performance, defective performance, and performance in excess. Finally, it looks at burden of proof as it relates to partial performance.

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40

Yesim, Atamer. Ch.6 Performance, s.1: Performance in general, Art.6.1.16. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0121.

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This commentary analyses Article 6.1.16 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning cases where the application for public permission is neither granted nor refused. Once the party in charge has taken all necessary measures without undue delay and with reasonable care and diligence, both parties can do nothing other than await the decision of the relevant authority. But the situation may arise where the authorities remain inactive and neither grant nor refuse the application. Art 6.1.16 offers a solution to this ‘nothing happens’ situation and gives the parties a chance to resolve it. This commentary considers cases where the application for permission was filed but no decision was taken, as well as the consequences if missing permission affects the contract in general or if missing permission affects only certain terms of the contract.

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41

Olvera, Johabed G., and Claudia N. Avellaneda. Performance Management in Public Administration. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228637.013.263.

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As one of the reforms supported by the New Public Management movement, Performance Management Systems (PMSs) have been implemented worldwide, across various policy areas and different levels of government. PMSs require public organizations to establish clear goals, measure indicators of these purposes, report this information, and, ultimately, link this information with strategic decisions aimed at improving agencies’ performances. Therefore, the components of any PMS include: (1) strategic planning; (2) data collection and analysis (performance measurement); and (3) data utilization for decision-making (performance management). However, the degree of adoption and implementation of PMS components varies across both countries and levels of government. Therefore, in understanding the role of PMSs in public administration, it is important to recognize that the drivers explaining the adoption of PMS components may differ from those explaining their implementation. Although the goal of any PMS is to boost government performance, the existent empirical evidence assessing PMS impact on organizational performance reports mixed results, and suggests that the implementation of PMSs may generate some unintended consequences. Moreover, while worldwide there is a steady increase in the adoption of performance metrics, the same cannot be said about the use of these metrics in decision-making or performance management. Research on the drivers of adoption and implementation of PMSs in developing countries is still lacking.

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42

Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0131.

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This commentary analyses Article 7.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the non-performing party's right to cure its non-performance. Under Art 7.1.4, the non-performing party is allowed to cure its non-performance. The aggrieved party is obliged to allow cure if it has no legitimate interest in refusing. If the non-performing party offers cure, the remedies of the aggrieved party are only available after the other party has had a second chance to perform or cure its performance. This commentary discusses the requirements with respect to cure by non-performing party, the right of the non-performing party to cure its non-performance even after a notice of termination by the aggrieved party, and legal consequences of cure.

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43

Toward a Culture of Consequences: Performance-Based Accountability Systems for Public Services Executive Summary. RAND Corporation, 2010.

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44

Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0130.

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This commentary analyses Article 7.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the right of a contracting party to withhold or suspend performance. Art 7.1.3 lays down the exceptio non adimpleti contractus and confers on a contracting party the right to withhold or suspend performance if the other party does not comply with its obligations. Where the parties are to perform simultaneously, either party may withhold performance until the other party tenders its performance. Where the parties are to perform consecutively, the party that is to perform later may withhold its performance until the first party has performed. This commentary discusses the requirements for allowing the suspension of performance, including non-performance of the other party. It also considers order of performance, partial performance, and legal consequences of withholding or suspending performance.

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45

Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0129.

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This commentary analyses Article 7.1.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning interference by the other party. Art 7.1.2 deals with the situation known as mora creditoris — the obligee's failure to perform its duty to co-operate in order to allow the performance of the other party. It also addresses the situation in which the obligor's failure to perform is not due to a lack of co-operation by the obligee, but to another event for which the obligee bears the risk. The obligee that is responsible for the other party's resulting failure to perform is estopped from invoking non-performance. Art 7.1.2 is thus a particular instance of the general principle of the prohibition of venire contra factum proprium. This commentary also discusses partial interference, legal consequences of failure to perform, and the burden of proof relating to interference.

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Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0133.

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This commentary analyses Article 7.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning exemption clauses. According to Art 7.1.6, a clause which limits or excludes one party's liability for non-performance, or which permits one party to render performance substantially different from what the other party reasonably expected, may not be invoked if it would be grossly unfair to do so. The possibility of striking down exemption clauses by virtue of Art 7.1.6 is an exceptional control mechanism. Art 7.1.6 acts as a specific safeguard against unfair exemption clauses. The scope of this provision applies not only to exemption clauses in standard terms, but also to individually negotiated exemption clauses. An exemption clause may not be invoked if it would be grossly unfair to do so. This commentary also discusses the legal consequences of an exemption clause being ‘grossly unfair’.

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Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0132.

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This commentary analyses Article 7.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the additional period for performance allowed by the aggrieved party in a case of non-performance. Art 7.1.4 stipulates that the aggrieved party can only react to the other's party proposal to cure its non-performance by accepting appropriate and prompt cure. Under Art 7.1.5, the aggrieved obligee may adopt a proactive approach to non-performance. The obligee can set the obligor an additional period of time for finally performing its obligations. Art 7.1.5 also allows the obligee to resort to the full panoply of remedies after the period has lapsed, particularly to termination, even if the delay in performance is not fundamental. This commentary discusses the requirements for fixing an additional period of time, as well as the legal consequences of allowing an additional time limit for performance.

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lal, Deepak. Unintended Consequences: The Impacted of Factor Endowments, Culture, and Politics on Long-run Economic Performance. Oxford University Press, 1999.

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Levy, Brian, Robert Cameron, and Vinothan Naidoo. Context and Capability. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198824053.003.0007.

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This chapter explores how context influences bureaucracy. Bureaucratic behaviour and performance are interpreted as endogenous, shaped by decisions of political elites as to whether to direct their efforts towards providing public services or towards more narrowly political or private purposes. The chapter distinguishes among three broad contextual differences between the Western Cape and Eastern Cape—socio-economic, political, and institutional. It identifies the causal mechanisms through which these variables exert their influence, distinguishing between demand-side and supply-side influences. In the Eastern Cape, the consequence of an initially weak context is a low-level equilibrium trap in which incentives transmitted from the political to the bureaucratic levels reinforce factionalized loyalty within multiple patronage networks. By contrast, in the Western Cape, both demand-side and supply-side contextual variables support public service provision; however, weaknesses in ‘soft governance’ limit the positive impact.

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Williams, Craig A. Maximal intensity exercise. Oxford University Press, 2013. http://dx.doi.org/10.1093/med/9780199232482.003.0017.

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Despite a surge of interest over the past 10 years in young people’s maximal intensity exercise, the growth and maturation of anaerobic performance is still poorly understood. This observation is interesting for a number of reasons. First, during the prepubertal years, children’s physical activity patterns are characterized by short duration but high intensity bouts of effort.5 Second, investigators are limited by the range of available methodologies, most of which are assessing external but indirect mechanical indices of maximal intensity so as to deduce metabolic changes. Third, there are few data available from females. Finally, due to the importance of maximal intensity efforts during team sports and the increasing emphasis on organized youth sport programmes, the differentiation between growth and maturation and training adaptations of maximal intensity performance need to be addressed. As a consequence of these four observations, important reliability and validity issues need to be resolved prior to paediatric exercise scientists determining which key factors influence maximal intensity exercise during childhood and adolescence. This chapter will therefore focus on the variables that have been most commonly measured and review the explanatory factors related to maximal intensity exercise during growth and maturation.

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