An account of profits for a breach of contract (Attorney-General v Blake)

The House of Lords in Attorney-General v Blake addressed the controversial issue of whether a plaintiff who has suffered no loss as a result of the defendant’s breach of contract can nevertheless recover the profits the defendant obtained from the breach. Although the courts have traditionally been hostile to such claims, the House of Lords has ruled that, in exceptional cases, the defendant can be required to account to the plaintiff for the profits acquired from the breach of contract.

Osborne v Estate of Osborne: an equitable agreement or a contract in law: merely a matter of nomenclature?

It has been more than lOO years since the leading case on mutual wills was handed down in Dufour v Pereira. Despite the passage of time. there continues to be a comparative dearth of modern authority), on this type of will. This area of the law was. however. recently considered by the Victorian Court of Appeal in Osborne. This case note evaluates Osborne in light of the relevant grounds of appeal. It is ultimately concluded that Osborne was very much a lost opportunity. The grounds of appeal raised many key issues pertaining to both the substantive law and evidential aspects of mutual wills. However the Court of Appeal did not take the opportunity to articulate clearly its views of the relevant law.

The application of the psychological contract to workplace safety

Introduction: Psychological contracts of safety are conceptualized as the beliefs of individuals about reciprocal safety obligations inferred from implicit or explicit promises. Although the literature on psychological contracts is growing, the existence of psychological contracts in relation to safety has not been established. The research sought to identify psychological contracts in the conversations of employees about safety, by demonstrating reciprocity in relation to employer and employee safety obligations. The identified safety obligations were used to develop a measure of psychological contracts of safety. Method: The participants were 131 employees attending safety training sessions in retail and manufacturing organizations. Non-participant observation was used to collect the data during safety training sessions. Content analysis was used to analyze the data. Categories for coding were established through identification of language markers that demonstrated contingencies or other implied obligations. Results: Direct evidence of reciprocity between employer safety obligations and employee safety obligations was found in statements from the participants demonstrating psychological contracts. A comprehensive list of perceived employer and employee safety obligations was compiled and developed into a measure of psychological contracts of safety. A small sample of 33 safety personnel was used to validate the safety obligations. Conclusions and impact on industry: Implications of these findings for safety and psychological contract research are discussed.

Market virtues and public failures : antecedents to public sector reform in the contract state

This paper considers the historical factors that have contributed to the pressures for reform in the Australian State of Victoria which proved to be more radical than paths taken by the Commonwealth Government and any other Australian states. As public management in Victoria made tentative steps towards market orientated practices, the inexperienced public officials, together with a mixture of political, economic, administrative and social factors made the government more vulnerable to a perceived need for reform. Australia, like the United Kingdom and New Zealand with which it shares similarities of government structure, commenced the path of reform in a tentative manner with major reforms being implemented by powerful leaders. Powerful reformers were Margaret Thatcher in the United Kingdom, a group of like minded politicians from Treasury in New Zealand and in the Australian State of Victoria, Jeff Kennett. Each capitalised on a sense of crises to move their reform agenda forward at a rapid pace. Victoria is offered as an illustration of how the past provides a means of understanding why Premier Jeff Kennett was able during the 1990's, to implement public sector reform into Victoria in such a dramatic way.

Discovering linear causal model from incomplete data

One common drawback in algorithms for learning Linear Causal Models is that they can not deal with incomplete data set. This is unfortunate since many real problems involve missing data or even hidden variable. In this paper, based on multiple imputation, we propose a three-step process to learn linear causal models from incomplete data set. Experimental results indicate that this algorithm is better than the single imputation method (EM algorithm) and the simple list deletion method, and for lower missing rate, this algorithm can even find models better than the results from the greedy learning algorithm MLGS working in a complete data set. In addition, the method is amenable to parallel or distributed processing, which is an important characteristic for data mining in large data sets.

Using job strain and psychological contract theories to predict employee wellbeing in a reformed public sector agency

This study investigates the Issues that contribute to employee wellbeing in a public sector agency having undergone substantial reform The research is based on a model that is initially demand-oriented, and is expanded to incorporate psychological contract breach and organisational justice. Hierarchical regression analyses were conducted on the 1,010 completed surveys The results confirm the value of the Job strain model (JSM) and that the inclusion of breach and fairness were worthwhile extensions of the JSM Future research may wish to extend this approach and incorporate more of the social aspects of the work situation m studies of employee wellbeing.

Contract Law

Each title in the Butterworths Casebook Companions series provides a basic coverage of the principles of that area of law. Students are then directed to read specific cases and materials and are provided with pertinent questions designed to enhance their knowledge and understanding and ensure that they can apply the principles. Charts, diagrams and suggested tasks are included where appropriate to encourage active participation and learning and further explain and simplify material. Contract Law is designed for students who have no previous knowledge of contract law. The book covers all aspects of contract law, including: the nature and development of contract law; agreement; consideration; intention to create legal relations; capacities and formalities; terms and their construction; matters rendering a contract void, voidable or unenforceable; performance and termination; remedies; and solving contract problems. Preface Glossary of terms Table of cases Table of statutes Part 1 — Introduction Part 2 — Formation Part 3 — Scope and content Part 4 — Destruction Part 5 — Performance and termination Part 6 — RemediesIndex

Contract law : commentaries, cases and perspectives

Introduces students to the fundamental principles, theories and arguments in Contract Law. Provides a carefully selected collection of cases, statutes and materials with insightful commentary.