Download or read book The Design and Performance of Long term Contracts written by Terence Daintith and published by . This book was released on 1985 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract and Organisation written by Terence Daintith and published by Walter de Gruyter. This book was released on 2011-08-30 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Organizational Contract written by Stefan Grundmann and published by Routledge. This book was released on 2016-02-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
Download or read book Performance Based Contracts for Road Projects written by Ashish Gajurel and published by Springer Science & Business Media. This book was released on 2013-08-30 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the aspects of contracting contracts, basically related to road construction and management contracts. The book presents an analytical study of Performance-Based Road Management and Maintenance (PMMR), Funktionsbauvertrag (FBV) (Function-Based Construction Contract) and Public Private Partnerships (PPP). A separate chapter is also included about the comparative study of these contract types. The book provides useful material for university libraries, construction companies and government departments of construction.
Download or read book Good Faith in Long Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Download or read book The Law of Contract written by Hugh Collins and published by Cambridge University Press. This book was released on 2003-07 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.
Download or read book Rethinking Contract Law and Contract Design written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Download or read book Remedies in Contract and Tort written by Donald Harris and published by Cambridge University Press. This book was released on 2002-03 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.
Download or read book Implicit Dimensions of Contract written by David Campbell and published by Bloomsbury Publishing. This book was released on 2003-07-16 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
Download or read book Contents of Commercial Contracts written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
Download or read book Department of Commerce written by United States. Congress. House. Committee on Appropriations. Subcommittee on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies and published by . This book was released on 1987 with total page 1568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Guide written by Eric P. Wallace and published by CCH. This book was released on 2008-06 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Guide: Tax and Advisory Services provides CPAs with guidance on the tax considerations that are particular to the construction industry. In addition, it provides CPAs with guidance on engagements for a wide range of situations, including those special to utility contractors, road builders, home construction, commercial construction, residential construction, land developers, real estate developers, and more. The book includes work programs, practice aids, checklists, and sample reports.
Download or read book THE DESIGN AND DURATION OF CONTRACTS STRATEGIC AND EFFICIENCY CONSIDERATIONS OCTOBER 1988 written by and published by . This book was released on 1988 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Optimal Contract Mechanism Design for Performance based Contracts written by Diwakar Gupta and published by . This book was released on 2011 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report explores the possibility of implementing a performance-based contract (PBC) in highway construction and maintenance. PBC allows a state transportation agency (STA) to use an incentive structure to induce the contractor to take a long-term interest in the functionality of the highway without excessive cost to the STA. First, an overview of contract mechanisms and existing PBCs in industry is provided. Then, a summary of performance-based specifications illustrates that contractors can adopt construction and maintenance policies to significantly improve pavement performance. Finally, a framework for choosing PBCs to achieve STAs' goals is provided, with a discussion of some of the difficulties associated with implementation. It can be seen that, in a competitive bidding process, the additional cost of incentives is not larger than the additional value gained by higher-quality work.
Download or read book Contract Management written by Alain Brunet and published by Springer Nature. This book was released on 2021-07-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.
Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by Hart Publishing. This book was released on 1999 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a symposium held October 1998 at Aberdeen University.
Download or read book Driving Force written by Kurt Hoffman and published by Routledge. This book was released on 2019-04-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the future direction of the international division of labour in manufacturing. It explores the different patterns of foreign direct investment in the eras of machinofacture and systemofacture with respect to a study of the global production of automobile components.
