38 resultados para Incomplete contract

em Aston University Research Archive


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With an increased emphasis on outsourcing and shortening business cycles, contracts between firms have become more important. Carefully written contracts contribute to the efficiency and longevity of inter-firm relationships as they may constrain opportunism and are often a less costly governance mechanism than maintaining complex social relationships (Larson 1992). This exploratory examination adds to our understanding of how incomplete contracts affect interorganizational exchange. First, we consider the multiple dimensions of contract constraints (safeguards). We also investigate the extent that constraints affect decisions to enforce the relationship by delaying payments, and whether the decision is efficient. Finally, we examine the extent the constraints are effective (and ineffective) at reducing transaction problems associated with enforcement. Based on 971 observations of transactions using explicit, written terms and other secondary data in the context of IT transaction in The Netherlands we test our research propositions.

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We analyse how the Generative Topographic Mapping (GTM) can be modified to cope with missing values in the training data. Our approach is based on an Expectation -Maximisation (EM) method which estimates the parameters of the mixture components and at the same time deals with the missing values. We incorporate this algorithm into a hierarchical GTM. We verify the method on a toy data set (using a single GTM) and a realistic data set (using a hierarchical GTM). The results show our algorithm can help to construct informative visualisation plots, even when some of the training points are corrupted with missing values.

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This study examined the antecedents and outcomes of psychological contract breach as well as why and how psychological contract breach is related to these outcomes. Respondents were Hong Kong Chinese employees (N=152). Results showed organizational change and history of contract breach to be related to psychological contract breach which, in turn, was related to turnover intentions, psychological withdrawal behaviour, and civic virtue. Further, trust in employer fully mediated the relationship between psychological contract breach and the work outcomes of psychological withdrawal behaviour and civic virtue but partially mediated the psychological contract breach–turnover intentions relationship. Lastly, interactional justice failed to moderate the relationship between psychological contract breach and the work outcomes.

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Jill Poole's best-selling Casebook on Contract Law provides a clear and well-structured explanation of the principles and rules of contract law through a comprehensive selection of case law, addressing all aspects encountered on undergraduate courses. The coverage in this new edition has been revised to incorporate all recent significant decisions and judgments made by the House of Lords and the Court of Appeal. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the court and how legal principles are developed, thus enabling cases to be analysed and discussed independently while, taken as a whole, the chapters provide a sound understanding of the modern law of contract. Succinct author commentary focuses the reader on the key elements within the extracts, while thought-provoking questions are posed throughout to develop a more in-depth appreciation of the subject. Online resource centre Student resources - Updates - Guidance on answering questions - Guidance on reading cases - Questions and answers.

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This ninth edition of the established Textbook on Contract Law by Jill Poole provides a wide-ranging and straightforward exposition of contract law. The text opens with an overview of the main issues surrounding contract law which places the subject in its wider context, then goes on to give a clear explanation of all the major areas of contract law encountered on undergraduate courses. Features of the book includes chapter summaries to draw key themes and issues together; examples and questions to encourage a deeper understanding of the often complex points of law; and extensive further reading lists of both texts and articles to guide students towards the most relevant and up-to-date resources available. Online resource centre Lecturer resources - Testbank of 150 multiple-choice questions Student resources - Guidance on answering questions in contract law - Questions and answers - Student questions - Updates - Web links

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This practical book deals solely with those damages arising as a breach of contract, where the aim of the damages is to place the plaintiff in the same position as if the contract had been performed. The book is split into three main parts: general principles such as limitations, causation, remoteness, mitigation and contributory negligence; specific breaches, such as sale of goods, supply of services, travel contracts and sale of land; and general issues and procedures. The only authoritative practitioner work focusing on this area, it provides a high-level, comprehensive and practical text.

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This volume provides students with a comprehensive selection of the cases most likely to be encountered on contract law courses and is specifically designed to meet their needs. The case law is helpfully structured and presented under clear headings, with the emphasis on explaining the decisions and their implications in order to promote better understanding. The fifth edition incorporates important judgments and assesses the significance of recent decisions of the House of Lords such as Attorney-General v Blake and Alfred McAlpine Construction Ltd v Panatown Ltd and the decisions of the Court of Appeal in Director General of Fair Trading v First National Bank plc and Barclays Bank v Coleman. Important recent decisions on remedies for misrepresentation have also been included.

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The law of contract can be a complex and technical subject, rvt the new edition of Jill Poole's Casebook on Contract provides a clear and well-structured exposition of the principles and rules through a comprehensive selection of case law, addressing all aspects encountered on undergraduate courses. Opening with a chapter of valuable advice and guidance on how to successfully develop and improve the essential skills of case-reading, featuring two worked examples, the coverage in this sixth edition expands to incorporate all recent significant decisions and judgments made by the House of Lords and Court of Appeal such as, Director General of Fair Trading v First National Bank plc, Farley v Skinner, Royal Bank of Scotland v Etridge and UCB Corporate Services v Williams. Interesting recent decisions in relation to battle of forms, terms, exemption clauses and misrepresentation are also included. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the court, why decisions are made and how legal principles are developed - enabling cases to be analysed and discussed independently while, taken as a whole, the chapters provide a sound understanding of the modern law of contract. The section on damages for breach of contract has been expanded to reassess Ruxley Electronics and Construction Ltd v Forsyth in the light of Farley v Skinner, the future of Addis v Gramophone Co Ltd is considered in the light of Johnson v Unisys Ltd and Attorney General v Blake is examined in the light of the decision in Esso Petroleum Co Ltd v Niad Ltd. Succinct author comment focuses the reader on the key elements within the extracts, while thought-provoking questions are posed throughout to develop more in-depth analysis. The logical and clear organization of topics has been further improved to more accurately echo the order adopted within the author's popular textbook and closer crossreferencing to this text has been incorporated to highlight where more detailed discussion of issues arising from the caselaw can be explored. As a result, this new edition can be used both as a traditional casebook and as a companion volume to Poole's Textbook on Contract. This edition is also supported by a new companion web site that offers the benefits of essential updating of key materials, sample questions, lists for key further reading sources and relevant web links, additional relevant cases and materials and guidance on successful exam technique. As with previous editions, Casebook on Contract is an invaluable primary source and an essential study aid for all those following elements of contract law as part of the LLB and CPE, as well as for students from related disciplines such as Accounting and Business.

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Jill Poole's best-selling "Casebook on Contract Law" provides a clear and well-structured exposition of the principles and rules through a comprehensive selection of case law, addressing all aspects encountered on undergraduate courses. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the court, why decisions are made and how legal principles are developed - enabling cases to be analyzed and discussed independently while, taken as a whole, the chapters provide a sound understanding of the modern law of contract. Succinct author commentary focuses the reader on the key elements within the extracts, while thought-provoking questions are posed throughout to develop more in-depth analysis. This book is accompanied by a specifically designed companion web site which provides: Questions in contract law; Guidance on answering questions; Guidance on reading cases; Questions and answers; and Updates.

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Jill Poole's best-selling Casebook on Contract Law provides a clear and well-structured explanation of contractual principles through a comprehensive selection of case law, addressing all aspects encountered on undergraduate courses. The coverage in this new edition has been revised to incorporate all recent significant decisions and judgments made by the House of Lords and the Court of Appeal. The extracts have been selected from a wide range of historical and contemporary cases and illustrate the reasoning processes of the court, the grounds justifying the decisions, and how legal principles are developed. Readers can discuss and analyse individual cases while, taken as a whole, the chapters provide a sound appreciation of the modern law of contract. Succinct author commentary focuses the reader on the key elements within the extracts, while thought-provoking questions are posed throughout to develop more in-depth analysis. Online Resource Centre Student resources - Updates - Guidance on answering questions - Guidance on reading cases - Questions and answers.

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This is the new edition of the established "Textbook on Contract Law" by Jill Poole. Designed specifically for undergraduates and postgraduates new to the subject, this text offers a clear, informative, and engaging account of the modern law of contract. Offering accurate and up-to-date coverage, this seventh edition also provides discussion of key new topics, such as E-contracting, which is discussed within the context of the Electronic Commerce [EC Directive] Regulations2002. The text opens with an excellent overview of the key theories and perspectives of contract law - placing the subject in a wider context - and continues with detailed treatments of all key topics. The text now features more headings to further aid navigation throughout, and offers new chapter summaries that draw key themes and issues together. New sections for selected further reading and useful web links guide students towards the most relevant and up-to-date resources available, encouraging more in-depth and focused study in all areas of contract.

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This is a new edition of the established Textbook on Contract Law by Professor Jill Poole. Designed specifically for undergraduates new to the subject, this title offers a well-structured and straightforward account of the modern law of contract. The text opens with an overview of the key theories and issues surrounding contract contract law which places the subject in its wider context, then goes on to a detailed treatment of all key topics, offering succinct explanations of complex ideas. Other features of the book include chapter summaries that draw key themes and issues together, selected further reading lists, and useful web links to guide students towards the most relevant and up-to-date resources available. Online Resource Centre Lecturer resources - Testbank Student resources - Guidance on answering questions in contract law - Questions and answers - Student questions - Updates - Web links.

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This article explores the employability of information and communication technology (ICT) professionals from the perspective of small- and medium-sized enterprises (SMEs). The first stage of analysis, based on over 100 interviews with managers of ICT supplier companies in seven European countries (Germany, Greece, Italy, the Netherlands, Norway, Poland and the UK), showed most SMEs to have a generally ad hoc approach to managing the employability of their ICT professionals. Assessment and development plans were used primarily to keep skills current to business needs; however, the more developed northern European markets showed greater awareness of the ‘high commitment’ benefits of a more sophisticated approach towards career management (e.g. through mentoring or career planning). A second stage of analysis based only on UK interviews builds on this to propose a model of positive employer influence on psychological contracts through career and employability management practices.

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Thesis is about the enterprise reform in China in general, and the Contract Management Responsibility System (the CMRS) in particular. The latter is a new institutional arrangement to deal with the relation between the government and the state-owned enterprise which has always been at the centre of the enterprise reform. The focus of the research is on the process of institutionalization in order to study the problems of the emergence of a free enterprise system in China. The research is conducted by four in-depth case studies to reveal how the CMRS is running and what interaction is taking place between the government and the state-owned enterprise under the system. Drawing on the empirical work, the thesis analyzes the features of the CMRS and the characteristics of its implementation process with respect to the structural-institutional paradigm, and the property rights approach. The research shows that to establish a market-type relation between the government and the enterprise is a complicated and dynamic process. It involves the understanding of the two different economic mechanisms, market and planning, and the interations taken by two parties. It concludes that the CMRS is an unstable system, either going back to the previous system or moving towards a market system, because its dynamic and control dimension are dysfunctional.