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1

McLaughlin, Josetta, and Gerald W. McLaughlin. "Ian MacNeil’s Relational Contract Theory." Proceedings of the International Association for Business and Society 14 (2003): 43–51. http://dx.doi.org/10.5840/iabsproc20031410.

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2

Cimino, Chapin F. "The Relational Economics of Commercial Contract." Texas A&M Law Review 3, no. 1 (2015): 91–130. http://dx.doi.org/10.37419/lr.v3.i1.4.

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Modern contract law scholarship embraces a particularly strange contradiction. On one hand, most legal scholars accept the core insight of what is called relational contract theory: most commercial contracts involve repeat players who seek to maximize wealth while still maintaining cooperative relationships. On the other hand, many of these same contract scholars believe that there is nothing contract law could or should do about it. They contend that contract law and legal theory are better off ignoring this insight, rather than trying to respond to it. This Article brings these disparate lin
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Michler, Jeffrey D., and Steven Y. Wu. "Relational Contracts in Agriculture: Theory and Evidence." Annual Review of Resource Economics 12, no. 1 (2020): 111–27. http://dx.doi.org/10.1146/annurev-resource-101719-034514.

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We appraise the current status of relational contract theory, along with associated empirical studies, with the goal of providing an orientation to the field to economists who may not have expertise in contract theory. We begin with a theoretical discussion focusing mainly on intuition and the usefulness of the theory for conceptualizing applied agricultural contracting problems. We also discuss current theoretical challenges and the current state of empirical research on relational contracts. We conclude by discussing potentially fruitful areas for future research.
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4

Tan, Zhong Xing. "Disrupting doctrine? Revisiting the doctrinal impact of relational contract theory." Legal Studies 39, no. 1 (2018): 98–119. http://dx.doi.org/10.1017/lst.2018.23.

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AbstractWhile the concept of the ‘relational contract’ has been invoked in the courts with greater visibility and regularity in recent years, the doctrinal import of relational contract theory remains for the most part unclear to contract and commercial lawyers. This paper offers a broad framework for understanding the different ways through which relational theory might have an impact on contract doctrine going forward, and evaluates the promises and perils of doing so.
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McLaughlin, Josetta, Jacqueline McLaughlin, and Raed Elaydi. "Ian Macneil and relational contract theory: evidence of impact." Journal of Management History 20, no. 1 (2014): 44–61. http://dx.doi.org/10.1108/jmh-05-2012-0042.

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Purpose – This paper seeks to describe the work of Ian Macneil, a legal scholar advocating the use of relational contract theory and behavioral norms to evaluate exchange relations in business. The aim is to show through bibliometric and comparative analyses that Macneil has influenced management scholarship and dialogue about relational contract theory to an extent not recognized by management scholars. Design/methodology/approach – Evidence of impact is evaluated through a bibliometric analysis of primary and secondary citations. This is followed by a comparison of Macneil's theory with four
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Dagan, Hanoch. "Intimate Contracts and Choice Theory." European Review of Contract Law 18, no. 2 (2022): 104–26. http://dx.doi.org/10.1515/ercl-2022-2040.

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Abstract Contract is one of the key tools liberal law employs in the service of its core mission of enhancing people’s autonomy, and choice theory conceptualizes this task as contract’s telos. It thus prescribes three principles – proactive facilitation, regard for the future self, and relational justice – for guiding the legal constitution of contract law in all spheres of human interaction. Spousal contracts are no exception. Thus, the law governing intimate agreements both allows people to adjust the default rules governing their marital estates and provides people off-the-shelf options for
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7

Viven-Wilksch, Jessica. "The importance of being relational: comparative reflections on relational contracts in Australia and the United Kingdom." Northern Ireland Legal Quarterly 73, AD2 (2022): 94–124. http://dx.doi.org/10.53386/nilq.v73iad2.963.

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The notion of the relational contract, previously limited to academic circles, is now being articulated by some courts. The consequences are threefold. Firstly, these judicial decisions are challenging the conception of agreements in the common law. Secondly, these decisions acknowledge the particularity of some long-term commercial relationships and shift the spotlight onto the relations of the parties. Thirdly, they are being used to integrate obligations to act in good faith. This article will show how these decisions implement the developing theory of relational contracts. The article will
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Kapsali, Maria, Jens K. Roehrich, and Pervaiz Akhtar. "Effective contracting for high operational performance in projects." International Journal of Operations & Production Management 39, no. 2 (2019): 294–325. http://dx.doi.org/10.1108/ijopm-10-2017-0604.

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Purpose The purpose of this paper is to examine combinations of contract clauses in order to ascertain which combinations correlate to high operational performance (OP). Design/methodology/approach Two hypotheses were formulated from contracting theory and tested on data collected from 45 projects. Fuzzy set qualitative comparative analysis was used and validated with multiple regression and simulation. Findings The hypotheses were tested to determine whether combinations of classical, relational, and/or associational contract clauses correlate to high OP. The results show that whereas high OP
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9

Beale, Hugh. "Bridging the Gap: A Relational Approach to Contract Theory." Journal of Law and Society 41, no. 4 (2014): 641–51. http://dx.doi.org/10.1111/j.1467-6478.2014.00689.x.

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10

Wang, Dedong, Shaoze Fang, and Hongwei Fu. "THE EFFECTIVENESS OF EVOLUTIONARY GOVERNANCE IN MEGA CONSTRUCTION PROJECTS: A MODERATED MEDIATION MODEL OF RELATIONAL CONTRACT AND TRANSACTION COST." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 25, no. 4 (2019): 340–52. http://dx.doi.org/10.3846/jcem.2019.9621.

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Mega construction project governance is an evolutionary process characterized by high transaction costs and complex interrelationships. Based on transaction cost theory, relational contract theory and evolutionary governance theory, this study explored the impact of evolutionary project governance on mega construction project performance by collectively considering the mediating effect of transaction costs and the moderating effect of a relational contract. Partial least squares structural equation modeling was used to test the hypotheses based on data collected from 176 respondents. The resul
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11

Dietz, Thomas. "Contract Law, Relational Contracts, and Reputational Networks in International Trade: An Empirical Investigation into Cross-Border Contracts in the Software Industry." Law & Social Inquiry 37, no. 01 (2012): 25–57. http://dx.doi.org/10.1111/j.1747-4469.2011.01281.x.

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The following case study investigates the contract enforcement institutions that enable German customers to purchase software in Asia and Eastern Europe. The case study shows that nation-states are hardly able to generate a legal “shadow” for cross-border business relations. The same holds true for the so-called New Lex Mercatoria. Instead, economic actors create their own informal mechanisms. Relational contracts and reputational networks are nowadays far more effective due to developments in the field of information and communication technology. Overall, the importance of formal contract law
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12

Snyder, Franklin G., Ian R. Macneil, John Kidwell, David Campbell, and Rachel Arnow-Richman. "Relational Contracting In A Digital Age; Panel Discussion." Texas Wesleyan Law Review 11, no. 2 (2005): 675–706. http://dx.doi.org/10.37419/twlr.v11.i2.22.

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If, as it has sometimes been argued, changes in contract rules and theory are strongly affected by changes in economic conditions, we should note that the world has changed a good deal since the early 1960s when relational contract theory began to bloom. The economic world of 2004 is very different from the world of 1964. Modern relational contract theory was born about the same time as its great theoretical competitor, the rational choice approach of the legal economists. It came before the vast changes wrought by the information revolution and the increased globalization of the economy. What
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Illig, Robert. "The Dog That Didn't Bark: Private Investment Funds and Relational Contracts in the Wake of the Great Recession." Michigan Business & Entrepreneurial Law Review, no. 2.1 (2012): 49. http://dx.doi.org/10.36639/mbelr.2.1.dog.

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In the aftermath of the subprime mortgage crisis, the contract rights of numerous hedge funds and venture capital funds were breached. These contracts were complex and sophisticated and had been negotiated at great time and expense. Yet despite all of the assumptions of neo-classical contracts theory, nothing happened. Practically none of these injured parties sued to enforce their rights. Professor Illig uses this dearth of litigation to conduct a form of natural experiment as to the value of contract law. Discrete market participants contracted before the crash and then pursued their rights
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14

Barnett, Randy E. "Conflicting Visions: A Critique of Ian Macneil's Relational Theory of Contract." Virginia Law Review 78, no. 5 (1992): 1175. http://dx.doi.org/10.2307/1073395.

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15

Thompson, Sharon. "Feminist Relational Contract Theory: A New Model for Family Property Agreements." Journal of Law and Society 45, no. 4 (2018): 617–45. http://dx.doi.org/10.1111/jols.12132.

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Petersen, Bent, and Kim Østergaard. "Reconciling contracts and relational governance through strategic contracting." Journal of Business & Industrial Marketing 33, no. 3 (2018): 265–76. http://dx.doi.org/10.1108/jbim-09-2016-0223.

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Purpose In an industrial marketing context of manufacturer–distributor collaboration, this law and economics paper aims to contrast two approaches to contracting: conventional and strategic. Design/methodology/approach Based on relational rent theory, this paper provides an analytical framework for juxtaposing conventional and strategic contracting. A contingency approach is applied to formulate propositions as to when conventional versus strategic contracting is preferable. Findings The distinction between conventional and strategic contracting has implications as to whether relational govern
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17

Jobidon, Gabriel, Pierre Lemieux, and Robert Beauregard. "Comparison of Quebec’s Project Delivery Methods: Relational Contract Law and Differences in Contractual Language." Laws 8, no. 2 (2019): 9. http://dx.doi.org/10.3390/laws8020009.

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The province of Quebec, Canada, seeks to implement relational alternate project delivery methods to achieve sustainability and energy efficiency in public construction. However, the relational differences between the formal written parts of different delivery methods have yet to be analyzed and understood, as is the case with the relational aspects of contracts and the achievement of sustainable and energy-efficient infrastructure. Using a hermeneutic interpretation of Macneil’s relational contract norms and grounded theory, 26 contracts involving Quebec’s largest public client of vertical inf
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18

Syrek, Christine J., and Conny H. Antoni. "Psychological Contract Fulfillment and Employee Responses to Pay System Change." Journal of Personnel Psychology 16, no. 4 (2017): 172–85. http://dx.doi.org/10.1027/1866-5888/a000186.

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Abstract. The implementation of a new pay system is a balancing act that produces uncertainty and draws employees’ attention to the fulfillment of exchange agreements. Transformational leadership may be essential during these change processes. Based on psychological contract theory, we expected that transformational leadership impacts job satisfaction and affective organizational commitment through the fulfillment of relational psychological contracts, while the fulfillment of transactional psychological contracts may be crucial for employees’ pay and bonus satisfaction. We assessed 143 employ
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19

LIU, Hongyan, Jinglan Yang, and Xiaoxi Chen. "Making the Customer-Brand Relationship Sustainable: The Different Effects of Psychological Contract Breach Types on Customer Citizenship Behaviours." Sustainability 12, no. 2 (2020): 630. http://dx.doi.org/10.3390/su12020630.

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Customer citizenship behaviours are important for a sustainable customer-brand relationship, yet little is known about the effect of psychological contract breach on citizenship behaviours. From the perspective of psychological contract theory, this research examined the impact of psychological contract breaches on customer citizenship behaviours through the mediating mechanism of psychological contract violation in the customer-brand relationship. Experiments were used to assess the effect of two types of psychological contract breaches on customer citizenship behaviours. The results show tha
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20

Mallette, Claire. "Nurses’ work patterns: perceived organizational support and psychological contracts." Journal of Research in Nursing 16, no. 6 (2011): 518–32. http://dx.doi.org/10.1177/1744987111422421.

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With unfolding human resource challenges in health care, little is known of the impact of changing work patterns and employment relationships on the organization and the nursing profession. Social Exchange Theory (perceived organizational support (POS) and psychological contracts) was used to gain understanding of the influence of nurse's employment patterns on employment relationships and individual, organizational and professional outcomes. The sample consisted of 650 randomly selected nurses employed in full-time, part-time, and casual positions across healthcare settings in Ontario, Canada
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Zhu, Shaoying, Yuxin Wu, and Qian Shen. "How Environmental Knowledge and Green Values Affect the Relationship between Green Human Resource Management and Employees’ Green Behavior: From the Perspective of Emission Reduction." Processes 10, no. 1 (2021): 38. http://dx.doi.org/10.3390/pr10010038.

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Green human resource management (GHRM) determines the green behavior practice of employees and affects the social environment and the realization of “Beautiful China” and “Green Development”. In this study, to explore the impact mechanism of GHRM on employees’ green behavior, employees at all levels in an enterprise were selected to be research subjects and a regulated intermediary model was established, based on social exchange theory and the individual-environment matching theory. This paper investigated the enterprise’s GHRM, personal green behavior, relational psychological contract, envir
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22

KIRPICHEV, A. E., R. V. SHAGIEVA, S. V. NIKOLYUKIN, N. E. BORISOVA та V. V. RALKO. "Νοn-Classical Paradigms in Contract Law in the American, European and Russian Legal Doctrines". Journal of Advanced Research in Law and Economics 9, № 5 (2019): 1660. http://dx.doi.org/10.14505//jarle.v9.5(35).18.

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Thematic justification: In many regions of the world, scholars have renewed a discussion on the nature and properties of contracts as a legal phenomenon, leading to the emergence of so-called ‘non-classical theories of contract’: contract as a promise, relational contract, contract as a network etc.
 This article’s aim is to compare non-classical approaches to contract and check the possibility of creating a modern holistic theory of contract. This article’s methodology is based on the functional method, the use of which provides a comparative perspective, meaning that each of the explore
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23

Yu, Cheon. "Analysis of CISG clauses and China’s Decision Cases using Relational Contract Theory." Korea Association for International Commerce and Information 20, no. 4 (2018): 289–308. http://dx.doi.org/10.15798/kaici.2018.20.4.289.

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24

Liu, Wenlong, Changqing He, Yi Jiang, Rongrong Ji, and Xuesong Zhai. "Effect of Gig Workers’ Psychological Contract Fulfillment on Their Task Performance in a Sharing Economy—A Perspective from the Mediation of Organizational Identification and the Moderation of Length of Service." International Journal of Environmental Research and Public Health 17, no. 7 (2020): 2208. http://dx.doi.org/10.3390/ijerph17072208.

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Workers’ isolation may occur in gig employment in the sharing economy, which generates a weak perception of the organization and unpredictable work performance. Drawing on social exchange theory, this paper proposes a framework to explore the effect of psychological contract fulfillment on gig workers’ task performance from the perspective of the mediation of organizational identification and the moderation of the length of service. A total of 223 samples were recruited from Didi (a ride-hailing company in China) drivers. The results show that both transactional and relational psychological co
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Gorovaia, Nina. "Determinants, transactional alignment, and performance outcomes of franchise contract length." International Journal of Retail & Distribution Management 47, no. 7 (2018): 714–32. http://dx.doi.org/10.1108/ijrdm-10-2017-0245.

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Purpose The purpose of this paper is to explore the determinants, transactional alignment and performance outcomes of franchise contract length using transaction costs theory (TCT) and resource-based theory (RBT). Design/methodology/approach The author hypothesizes that franchisors choose contract length according to TCT and RBT arguments. TCT explains the safeguarding function of contracts: the franchisors will offer longer contracts when franchisees’ specific investments are high and environmental uncertainty is low. RBT highlights the knowledge leverage function of contracts: the franchisor
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Hurmerinta-Haanpää, Anna, and Sampo Viding. "The functions of contracts in interorganizational relationships: A contract experts’ perspective." Journal of Strategic Contracting and Negotiation 4, no. 1-2 (2018): 98–118. http://dx.doi.org/10.1177/2055563619884791.

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Previous research has shown how contracts are used together with relational governance (RG) mechanisms to manage interorganizational relationships (IORs). Moreover, research has found that contracts are used in safeguarding, adapting, and coordinating business relationships. Based on the findings of an interview study with 24 contract experts, we argue that, in addition to safeguarding, adaptation, and coordination, firms use contracts to: codify their deals; steer their internal work; and plan, promote, and steer collaboration. On the one hand, when used intelligently, contractual techniques
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Kimel, D. "The Choice of Paradigm for Theory of Contract: Reflections on the Relational Model." Oxford Journal of Legal Studies 27, no. 2 (2005): 233–55. http://dx.doi.org/10.1093/ojls/gqm003.

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Jabeen, Fauzia, Mohamed Behery, and Hossam Abu Elanain. "Examining the relationship between the psychological contract and organisational commitment." International Journal of Organizational Analysis 23, no. 1 (2015): 102–22. http://dx.doi.org/10.1108/ijoa-10-2014-0812.

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Purpose – The aim of this study is to examine the impact of the psychological contract, relational psychological contract and transactional psychological contract on organisational commitment as mediated by transactional leadership in the United Arab Emirates (UAE) context. The paper also explores the contractual status to determine if the theory remains valid, regardless of the fact whether one is employed as a contingent or permanent worker. Design/methodology/approach – This research made a longitudinal study spanning a 24-week time period. Data were collected using a self-administered stru
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Gounari, Zoe. "Developing a relational law of contracts: striking a balance between abstraction and contextualism." Legal Studies 41, no. 2 (2021): 177–93. http://dx.doi.org/10.1017/lst.2020.23.

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AbstractRelational contract theory holds that the interpretation of a contract must take full account of the context and surrounding circumstances of the parties’ bargain so as to give effect to their respective intentions. This paper argues that if a relational treatment of contracts is to be institutionalised, in the sense of being utilised in a contract dispute to determine and give effect to the parties’ intentions, then it must operate at an abstract level. That is to say, rather than using relevant context to determine what the actual parties intended in the circumstances at hand, the co
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Wacker, John G., Chenlung Yang, and Chwen Sheu. "A transaction cost economics model for estimating performance effectiveness of relational and contractual governance." International Journal of Operations & Production Management 36, no. 11 (2016): 1551–75. http://dx.doi.org/10.1108/ijopm-10-2013-0470.

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Purpose As outsourcing continues to grow, supplier management becomes critical to the success of manufacturing firms. Transaction cost economics (TCE) suggests that firms should choose supplier governance mechanisms to ensure fulfillment of contractual obligations and safeguard against opportunism for their outsourcing activities. Accordingly, the purpose of this paper is to examine how buying organizations govern supplier contracts to improve manufacturing competitiveness and financial performance. The relative effectiveness of two primary governance mechanisms, contractual governance (CG), a
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Nwajei, Una Obiose Kriston. "How relational contract theory influence management strategies and project outcomes: a systematic literature review." Construction Management and Economics 39, no. 5 (2021): 432–57. http://dx.doi.org/10.1080/01446193.2021.1913285.

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32

Day, Katherine. "Publishing Agreements Through a Sharper Lens: How Relational Contract Theory Informs Author–Publisher Negotiations." Publishing Research Quarterly 37, no. 2 (2021): 152–67. http://dx.doi.org/10.1007/s12109-021-09806-9.

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Jobidon, Gabriel, Pierre Lemieux, and Robert Beauregard. "Implementation of Integrated Project Delivery in Quebec’s Procurement for Public Infrastructure: A Comparative and Relational Perspective." Sustainability 10, no. 8 (2018): 2648. http://dx.doi.org/10.3390/su10082648.

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Province of Quebec (Canada) is in the process of implementing integrated project delivery (IPD) in its procurement process for public infrastructure to more effectively and efficiently achieve functional, environmental, and economic objectives. This paper analyzes the procurement legislation, regulations, and context of three jurisdictions through a comparative law approach and under the light of Macneil’s relational contract theory. It is found that Quebec’s procurement process has transactional features that should be counterbalanced, in the context of IPD implementation, by focusing on rela
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Gibb, Michael. "Relational Contractualism and Future Persons." Journal of Moral Philosophy 13, no. 2 (2016): 135–60. http://dx.doi.org/10.1163/17455243-4681057.

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A moral theory should tell us something about our obligations to future persons. It is therefore sometimes objected that contractualist moral theories cannot give a satisfactory account of such obligations, as there is little to motivate a contract with persons who can offer us almost nothing in return. I will argue that more recent “relational” forms of contractualism escape these objections. These forms of contractualism do, however, remain vulnerable to Derek Parfit’s non-identity problem. Recent attempts to resolve this problem have looked to the role “generic reasons” and “standpoints” pl
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Minow, Martha, and Mary Lyndon Shanley. "Relational Rights and Responsibilities: Revisioning the Family in Liberal Political Theory and Law." Hypatia 11, no. 1 (1996): 4–29. http://dx.doi.org/10.1111/j.1527-2001.1996.tb00504.x.

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This article discusses three main orientations in recent works of legal and political theory about the family—contract-based, community-based, and rights-based—and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.
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Dagan, Hanoch, and Michael Heller. "Freedom, Choice, and Contracts." Theoretical Inquiries in Law 20, no. 2 (2019): 595–635. http://dx.doi.org/10.1515/til-2019-0023.

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Abstract In “The Choice Theory of Contracts,” we explain contractual freedom and celebrate the plurality of contract types. Here, we reply to critics by refining choice theory and showing how it fits and shapes what we term the “Contract Canon”. I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge with choice theory. (2) Nathan Oman argues for a commerce-enhancing account of autonomy. We counter that he arbitrarily slights noncommercial spheres central to human interaction. (3) Yitzhak Benbaji suggests that choice theory’s commitmen
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이수형. "The Theory of Relational Contract and Rights of Residual Control in ROK-U.S. Strategic Alliance." Korea and World Politics 27, no. 3 (2011): 1–28. http://dx.doi.org/10.17331/kwp.2011.27.3.001.

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38

Tran, Huy Phuong. "How authentic leadership promotes individual knowledge sharing: viewing from the lens of COR theory." Management & Marketing. Challenges for the Knowledge Society 14, no. 4 (2019): 386–401. http://dx.doi.org/10.2478/mmcks-2019-0027.

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Abstract Fostering knowledge sharing has been one of the most vital tasks for organizations in the knowledge based economy. Thus, investigating the antecedents of knowledge sharing behavior is of great interest to both academics and practitioners. The impact of leadership on knowledge sharing has been reported in the literature. However, the direct and indirect impacts of authentic leadership on knowledge sharing is under-researched. Furthermore, because knowledge is an individual resource, knowledge sharing can be investigated in the light of the conservation of resource theory. This study ap
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Bandyopadhyay, Chiradip, and Kailash B. L. Srivastava. "The Mediating Role of Relational and Transactional Psychological Contract Fulfilment on the Relationship between Strength of the HR Signals and Job Satisfaction." Vikalpa: The Journal for Decision Makers 47, no. 4 (2022): 288–302. http://dx.doi.org/10.1177/02560909221145769.

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The article is an employee-level, quantitative survey-based study investigating the relationship between HR signals and job satisfaction through the intermediary role of psychological contract (PC) fulfilment. Signalling theory and attributional theory provide the theoretical context to the study linking HR signals to job satisfaction. PC fulfilment has been viewed in terms of relational and transactional contract types. Analysis of the mediating ability of the two PC types reveals the differential extent of influencing the considered relationship. Primary data, in terms of employee responses
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Chambel, Maria J., Laura Lorente, Vânia Carvalho, and Isabel Maria Martinez. "Psychological contract profiles among permanent and temporary agency workers." Journal of Managerial Psychology 31, no. 1 (2016): 79–94. http://dx.doi.org/10.1108/jmp-02-2014-0070.

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Purpose – Based on the psychological contract (PC) theory, the purpose of this paper is to identify PC profiles, differentiating between permanent and temporary agency workers (TAW). Moreover, the authors analyzed whether different profiles presented different levels of work engagement. Design/methodology/approach – A cross-sectional survey data analysis of 2,867 workers, of whom 1,046 were TAW, was analyzed using latent profile analyses. Findings – Four PC profiles were identified, which differed quantitatively in terms of the overall dimension levels (i.e. balanced, relational and transactio
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Oberoi, Swati, Smita Srivastava, Vishal K. Gupta, Rohit Joshi, and Atul Mehta. "Crowd Reactions to Entrepreneurial Failure in Rewards-Based Crowdfunding: A Psychological Contract Theory Perspective." Journal of Risk and Financial Management 15, no. 7 (2022): 300. http://dx.doi.org/10.3390/jrfm15070300.

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Rewards-based crowdfunding (RBC) has recently gained popularity as an alternative means of finance to help entrepreneurs bring novel projects to life. We theorize that crowdfunding backers perceive an implicit psychological contract with campaign creators. When promised rewards fail to materialize post fundraising, backers may perceive entrepreneurs’ failure to deliver rewards as a violation of their psychological contract with him or her. Drawing on psychological contract theory and using Eisenhardt’s comparative case methodology, we generate insights about crowd reactions to creators’ failur
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Chaudhry, Theresa Thompson. "Relational Contracting in Pakistan’s Surgical Instrument Cluster: An Empirical Study." Pakistan Development Review 49, no. 3 (2010): 213–37. http://dx.doi.org/10.30541/v49i3pp.213-237.

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This paper tests an idea from relational contracting theory [Macauley (1963); North (1990); Greif (1994); Kranton (1996)] that informal relationships can substitute for formal contract enforcement through the judicial system, from the analysis of a new survey of the surgical instrument cluster in Sialkot, Pakistan. Inter-firm trust is thought to lead to reduced transaction costs (a passive benefit of a cluster). Considered here are exchanges of goods between clustered suppliers and their customers, who are either members of the cluster or firms that interact frequently with it. Inter-firm trus
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Johnson, Alex M. "Correctly Interpreting Long-Term Leases Pursuant to Modern Contract Law: Toward a Theory of Relational Leases." Virginia Law Review 74, no. 4 (1988): 751. http://dx.doi.org/10.2307/1073123.

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Østergaard, Kim, and Bent Petersen. "The application of hardship and gain provisions in strategic contracting." Journal of Strategic Contracting and Negotiation 4, no. 4 (2018): 203–18. http://dx.doi.org/10.1177/2055563620907905.

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Strategic contracting is based on the fundamental condition of risk and gain sharing in the course of relational rent creation. The mutual application of hardship and gain provisions implies that if such an instance occurs after the conclusion of the contract, the parties have an obligation to renegotiate the contract in a fair manner. However, even though strategic contracting strives to ensure the alignment of incentives, there might still be a risk of hold-up and perhaps even efficient breach of contract. We apply the classical microeconomic risk-preference theory of expected utility and tr
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Ling, Florence Y. Y., and Wei Wey Khoo. "Improving relationships in project teams in Malaysia." Built Environment Project and Asset Management 6, no. 3 (2016): 284–301. http://dx.doi.org/10.1108/bepam-04-2015-0014.

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Purpose – The purpose of this paper is to investigate relational practices that can improve construction project outcomes in Malaysia. Design/methodology/approach – Based on the literature review, a questionnaire was designed containing 14 relational practices that were identified and grouped under five relational norms. Using a survey questionnaire, data were collected from clients, consultants and contractors in Malaysia’s construction industry. In-depth interviews were conducted to validate the statistical findings. Findings – When contracts are adjustable to address uncertainties, the proj
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HAN, Dan. "關係契約視野下的婚姻家庭". International Journal of Chinese & Comparative Philosophy of Medicine 16, № 2 (2018): 41–44. http://dx.doi.org/10.24112/ijccpm.161646.

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LANGUAGE NOTE | Document text in Chinese; abstract in English only.According to relational contract theory, the parties in a marriage and family should not only respect the independence and autonomy of the parties, but also shape the unity of the parties. This constitutes a paradox of modern marriage and family. Contractual intimacy can be expressed in many forms, and can even be expressed freely without form. However, the phenomena of marriage and family life are by no means merely contracts of relations; they are just as much about ideas as about facts.DOWNLOAD HISTORY | This article has bee
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Qian, Liping, Yiyao Wang, and Pianpian Yang. "Do control mechanisms always promote collaborative performance: the role of formal institutions and business ties." Journal of Business & Industrial Marketing 35, no. 11 (2020): 1871–86. http://dx.doi.org/10.1108/jbim-07-2019-0342.

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Purpose This paper aims to examine the effectiveness of control mechanisms in promoting collaborative performance by exploring the moderating effects of formal institutions (government support and legal enforcement in this study) and informal ties (business ties in this study) on the relationship between control mechanisms and collaborative performance. Design/methodology/approach A conceptual model is developed with the direct effects of contractual execution and relational norms on collaborative performance and the moderating effects of government support, legal enforcement and business ties
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Farina, Marco, and Demetrio Maltese. "Theory of the Firm and Organisational Contracts: The Remedial Aspects of Good Faith." European Business Law Review 27, Issue 1 (2016): 51–83. http://dx.doi.org/10.54648/eulr2016003.

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The aim of this paper is to investigate which conceptual place long-term contracts have within the legal system and how the theory on relational contracts fits within a general theory of justice that has an objectification in a doctrine of good faith. We present a definition of commercial long-term contracts and give examples as to understand how, within the wide range of contracts that can fall within this definition, some can have an organisational colour. After this, we examine the good faith doctrine as understood and employed in both common and civil law jurisdictions; the paper provides
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Schulz, Karen M. Bradshaw. "Agency Coordination of Private Action." Texas A&M Law Review 6, no. 1 (2018): 229–58. http://dx.doi.org/10.37419/lr.v6.i1.9.

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This Article explores the previously overlooked role of relational contracting in forming and maintaining public-private partnerships. Relational contracting generally describes firms using formal but legally non-binding agreements to collaborate on shared objectives. Why do parties invest in forming elaborate contracts that they do not—and cannot—enforce in court? Contract theory suggests that the very act of contracting is relationship-building; it generates commitment, trust, cooperation, a win-win philosophy, and strengthened communication. Writing down goals and intentions allows parties
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Zhang, Lin. "Comparative Corporate Governance and Transaction Costs: Implications for China." Business Law Review 40, Issue 5 (2019): 186–93. http://dx.doi.org/10.54648/bula2019025.

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Comparative study is significant for the reform of corporate governance in transitional economies like China. Influenced by the Berle- Means problem, this kind of study is usually under the auspices of the agency theory. However, besides the agency theory, another important theoretical framework to examine corporate governance is transaction cost economics. Based on transaction cost economics, it demonstrates that the governance structure of Japanese vertical keiretsu may promote the enforcement of relational contract other than the function to monitor the performance of managers. This underst
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