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Dissertations / Theses on the topic 'Breach of contract'
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Fischer, Martin Jason. "Remedies for anticipatory breach of contract." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16570.
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Includes bibliographical referencesThe thesis discusses the origin and development of anticipatory breach of contract in South African law leading up to the decision in Datacolor International (Pty) Ltd v Intamarket (Pty) Ltd 2001 (2) SA 284 (SCA) and the implications of this decision on the law. This decision is generally regarded as the culmination of the development of a 'new approach' to repudiation, as a form of anticipatory breach of contract, in South African law and this 'new approach' and other aspects of the decision will be discussed in detail. Drawing on Datacolor International (Pty) Ltd v Intamarket (Pty) Ltd and the decisions of Lord Diplock in English law the thesis proposes a model for anticipatory breach of contract that defines anticipatory breach of contract as conduct or circumstances that support a conclusion, with reasonable certainty, that a contracting party will fail to perform their primary obligations under the contract correctly and that such failure justifies affording the aggrieved party a right to cancel the contract. Anticipatory breach of contract will therefore always amount to a material breach of contract, where material breach of contract consists of a failure by a contracting party to perform her or his primary obligations correctly, or conduct which indicates with reasonable certainty that she or he will fail to perform their primary obligations correctly, which will substantially deprive the aggrieved party of the benefit of the contract. If, balancing the interests of the parties, it would be fair to afford the aggrieved party a right to cancel the contract this conduct will amount to a material breach of contract. Anticipatory breaches of contract are those material breaches which consist of conduct indicating that a failure will occur rather than consisting of the actual failure to perform a primary obligation. In addition to defining when the remedy of cancellation is available to an aggrieved party the thesis also proposes certain other modifications to the remedies available to an aggrieved party facing an anticipatory breach of contract including introducing into the South African law, as a remedy for an anticipated breach of contract, a 'request for an adequate assurance of performance' modelled on the remedy of the same name originating in the Uniform Commercial Code.
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Kelly, Darrell Scott. "Psychological Contract Breach by the Supervisor." Wright State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=wright1401823678.
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Pak, Sim Tess. "The moderating effects of causality orientations on psychological contract breach outcome relationship /." Click to view the E-thesis via HKUTO, 2007. http://sunzi.lib.hku.hk/hkuto/record/B38587919.
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Lui, Qiao. "Anticipatory breach of contract : A critical analysis." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530051.
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Guo, Chen. "Employee attributions and psychological contract breach in China." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/employee-attributions-and-psychological-contract-breach-in-china(816ca8ec-ef70-4008-af6d-316c7809f708).html.
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Breaches of the psychological contract (i.e., subjective experiences that are based on an individual’s perception that another party has failed to realise the obligations that had been promised) can have negative consequences for employees, such as reducing employees’ performance, job satisfaction and organisational commitment. The main aim of this study is to examine how employee attributions about the causes of psychological contract breach shape the relationship between psychological contract breach and employee outcomes. Based on existing literatures, two models concerning of the role of employee attributions are compared. A moderation model proposes that employee attributions moderate the relationship between psychological contract breach and employees outcomes. A mediation model asserts that employee attributions play a mediating role in the mechanism of psychological contract breach affecting employee outcomes. In addition, a relatively unexplored aspect why employees make different attributions in response to psychological contract breach was identified. The aim of this study is to examine whether individual differences (i.e., individualism/collectivism and employee proactivity) shape the employee attributions of psychological contract breach. Two survey-based studies were conducted in China. The first study (N = 261) developed new measures of psychological contract breach and employee attributions. The second study (N = 634) further refined the new measures and tested the study hypotheses using Structural Equation Modelling. The results show that psychological contract breach was significantly related to internal and external employee attributions as well as employee outcomes (i.e., employee well-being, leadership perceptions and supervisor ratings of performance). But a central message that emerges from this research is that employee attributions are more likely to play a moderating role than a mediating role in the relationship between psychological contract breach and employee outcomes. This study mainly has four theoretical contributions, which are developing and testing a model of psychological contract breach and employee attributions, extending the understanding of the relationship between psychological contract breach and employee attributions, extending the criterion space of psychological contract breach and employee attributions, and developing a more specific understanding of how employee attributions shape the employee outcomes of psychological contract breach.
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Pak, Sim Tess, and 白嬋. "The moderating effects of causality orientations on psychological contract breach: outcome relationship." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B38587919.
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Gallagher, Tom. "Exploratory study of the antecedents of psychological contract breach." Thesis, Cranfield University, 2008. http://dspace.lib.cranfield.ac.uk/handle/1826/4632.
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This research presents a systematic review of literature focusing on the Human Resource
Management concept of the Psychological Contract between an employee and their
organisation. An initial overview of research on the broader topic is outlined to identify key
themes in the field and to identify areas of research to be reviewed in greater detail. The
major themes explored at this stage are the basic definition of the concept, the contents of the
psychological contract, viewing the concept as a mental model or schema, the current
methods used in existing research, how the agreement can be breached, the link to various
employee outcomes and how the concept can be managed. The systematic review
methodology is then set out to identify the causes or antecedents of breach, the differing
ontological perspectives on the psychological contract concept and existing research which
integrates the psychological contract with the related concept of employee engagement. 34
studies are examined and results are presented in the form of a narrative synthesis.
Results suggest that the empirical evidence base of antecedents to breach is limited and that
numerous potential antecedents to breach have not been fully tested due to limitations in
existing research designs. Secondly, a new ontological perspective based on the Critical
Realist perspective of Harré (2002) is proposed to develop existing work on the basic
definition of the psychological contract concept. Finally, the lack of existing work which
integrates both the psychological contract and employee engagement is highlighted with a
recommendation for additional research on the ontology of the engagement concept.
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Maharaj, Krishneel. "The availability of gain-based damages for breach of contract." Thesis, University of British Columbia, 2012. http://hdl.handle.net/2429/42060.
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This thesis examines, from an economic perspective, the problem of determining when and whether gain-based damages are an appropriate response to a breach of contract. Starting from the premise that such a remedy is needed to protect the integrity of contract’s institutional function, consideration is then given to the nature of that function and how gain-based damages may support it. The conclusion reached is that contract’s legal function is essentially economic and that gain-based damages may be of aid to courts in remedying inefficient outcomes arising from breach of contract, preventing economically inefficient breaches. The nature of a gain-based remedy is then explored, and enquiry is made into the potential means for developing such a remedy. After considering the potential to adapt a number of existing remedies, the thesis concludes that only an entirely novel development will fulfil the function of the remedy required, as adapting existing remedies will only create difficulties in other areas of law.
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Kimel, Dori. "Contract as a substitute for a promise." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310509.
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Venter, Cindy Michelle. "An assessment of the South African law governing breach of contract : a consideration of the relationship between the classification of breach and the resultant remedies." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/49835.
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Thesis (LLM)--University of Stellenbosch, 2005.ENGLISH ABSTRACT: The South African system of breach of contract recognizes several distinct forms of breach. each encompassing its own set of requirements. Before one is able to determine the outcome and accordingly the rights of each contracting party in respect of an alleged breach of contract. the factual situation must be fitted into one of the recognized forms of breach. This has resulted in a highly complex system of breach of contract and resultant remedies. The existence of a direct relationship between the form of breach present in a factual situation and the remedies available to the innocent party is a fundamental premise of South African law and one that is often accepted without much investigation. This thesis investigates the extent of this interdependence and to establish whether this intricate system is necessary from a practical and a theoretical point of view. To this end. the thesis examines the less complex system of breach of contract as embodied in the United Nations Convention on Contracts for the International Sale of Goods C·CISG'·) which has been widely adopted in international trade. and which has provided a template for the reformation of various national systems of law. This study concludes that the South African approach to breach of contract and remedies is in need of reform. and that a unitary concept of breach could provide a basis for both a simplification and modernization of our law.
AFRIKAANSE OPSOMMING: Die Suid-Afrikaanse Kontraktereg erken verskeie verskyningsvorms van kontrakbreuk, elk met sy eie besondere vereistes. Ten einde die uitkoms van probleemsituasies waarin kontrakbreuk beweer word te bepaal en derhalwe die regte van die betrokkenes uit te kristalliseer. moet die feitestelonder die een of ander vorm van kontrakbreuk tuisgebring te word. Hierdie benadering het 'n besonder komplekse stelsel van kontrakbreuk en remedies tot gevolg. 'n Fundamentele uitgangspunt van die Suid-Afrikaanse stelsel is dat daar Il direkte korrelasie bestaan tussen die tipe van kontrakbreuk wat in 'n bepaalde geval teenwoordig is en die remedies waarop die onskuldige party kan staatmaak. Hierdie siening, wat meerendeel sonder bevraagtekening aanvaar word, vorm die fokuspunt van hierdie ondersoek. Die oogmerk is om die praktiese nuttigheid en teoretiese houbaarheid van die benadering vas te stel. As 'n vergelykingspunt neem die tesis die vereenvoudigde sisteem van kontrakbreuk beliggaam in die Verenigde Nasies se Konvensie aangaande die Internasionale Koopkontrak ("CISG"). Hierdie verordening geniet wye erkenning in die Internasionale Handel en het alreeds die grondslag gevorm van verskeie inisiatiewe vir die hervonning van Il aantal nasionale regstelsels. Die gevolgtrekking is dat die Suid-A frikaanse benadering tot kontrakbreuk en die remedies daarvoor hervorming benodig en dat die opvatting van 'n sg uniforme kontrakbreuk as 'n basis kan dien vir die vereenvoudiging en modernisering van ons reg.
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Brölsch, Martin W. "Schadensersatz und CISG /." Frankfurt ; New York : P. Lang, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014999914&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Winterton, David Michael. "A performance-oriented account of money awards for breach of contract." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:c676c838-9d16-498a-a3a8-148c2c28b9e5.
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It is generally accepted that the award of contract damages in English law is governed by the expectation principle. This principle provides that following an actual or anticipated breach of contract the innocent party is entitled to be put into the position that he or she would have occupied had the contract been performed. There is significant ambiguity over what ‘position’ means in this context. The conventional understanding of the expectation principle is that it stipulates the appropriate measure of loss for an award of compensation. This thesis challenges this understanding and proposes a new performance-oriented account of awards given in accordance with the expectation principle. The thesis is in two parts. Part I outlines and challenges the orthodox understanding of awards given in accordance with the expectation principle. Chapter One outlines the orthodox account, and explains the traditional interpretation of loss in this context. Chapter Two mounts a doctrinal challenge to the orthodox account, demonstrating the existence of many awards for breach of contract that do not reflect the actual loss suffered by the innocent party. Chapter Three highlights the conceptual difficulty of the orthodox account and outlines the problems with conventional terminology, proposing stable definitions for important legal concepts. Part II advances an alternative account of contract damages that draws a distinction between two different kinds of money awards. The first is an award substituting for performance. The second is an award compensating for loss. Chapter Four outlines the account’s foundations by defending the existence of the right to performance and the existence of the proposed distinction. Chapter Five explains the quantification and restriction of money awards substituting for performance. Chapter Six explains the nature of money awards compensating for loss. Finally, Chapter Seven defends English law’s preference for awarding monetary substitutes for performance rather than ordering specific performance.
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Herrmann, Andrew F. "Broken Promises: An Autoethnography of Psychological Contract Breach and Organizational Exit." Digital Commons @ East Tennessee State University, 2017. https://dc.etsu.edu/etsu-works/793.
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Van, der Merwe Sophie Wilhelmine. "Perceived breach and violation of the psychological contract in a collectivistic culture." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017523.
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The significance of relationships on economic actions and employee behaviour makes it critical for employers to understand the dynamics of employment through mutual obligations (Rousseau, 1990; Guest, 2004b). The psychological contract affords a broad platform to study the employment relationship (Thomas et al., 2010), and is an important tool for organisational success (McDermott et al., 2013). The literature review contained in this study indicates the differences in contracting environments due to the prevailing cultural orientation. However, there is a dearth of research in collectivistic culture, to which this study will add. The literature also makes a distinction between perceptions of breach and violation. While perceptions of breach of the psychological contract is the perception that the employer has not met all obligations and promises, violation is the emotional and affective state following breach (Morrison & Robinson, 1997) and results in negative or deviant behaviours (Chiu & Peng, 2008). Both breach and violation perceptions negatively affect employee behaviours and attitudes in the workplace (Aggarwal & Bhargava, 2014). This research assumed a constructivist paradigm and builds understanding of the outcomes of breach and violation of the psychological contract on employees’ working life in a collectivistic environment. Primary data collection was by in-depth semi-structured, one on one interviews with five employees of a state-subsidised organisation in East London, making use of convenience sampling. Follow up interviews were conducted, resulting in 7ₑ/₄ hours of interviewing time. Cultural orientation was ascertained through the use of a questionnaire. The findings of this study confirmed that the type of psychological contract entered into influences the outcomes of perceptions of breach and violation. Both dimensions of collectivism, namely institutional and in-group, were practised in this environment, which also impacted on both the individual’s experience and outcomes for the organisation. The latter was influenced by commitment to organisational goals and supervisory or collegial relationships. Most notable of the results is the effect of expectations of transitional justice on experience of the psychological contract. Practical implications and recommendations for future research are made. This research is presented in three sections; firstly the research is presented in the format of an academic paper and includes a concise summary of literature and research method. The second section is an expanded literature review of the psychological contract and its influencing factors, as well as the outcomes of breach and violation. The last section describes and justifies in detail the design of the research and the research procedure followed.Alternate name: Van der Merwe, Somine
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Bankins, Sarah Maria. "Investigating the dynamics of the psychological contract : how and why individuals' contract beliefs change." Thesis, Queensland University of Technology, 2012. https://eprints.qut.edu.au/53135/1/__qut.edu.au_Documents_StaffHome_StaffGroupH%24_halla_Desktop_Sarah_Bankins_Thesis.pdf.
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The overall objective of this thesis is to explore how and why the content of individuals' psychological contracts changes over time. The contract is generally understood as "individual beliefs, shaped by the organisation, regarding the terms of an exchange agreement between individuals and their organisation" (Rousseau, 1995, p. 9). With an overall study sampling frame of 320 graduate organisational newcomers, a mixed method longitudinal research design comprised of three sequential, inter-related studies is employed in order to capture the change process.
From the 15 semi-structured interviews conducted in Study 1, the key findings included identifying a relatively high degree of mutuality between employees' and their managers' reciprocal contract beliefs around the time of organisational entry. Also, at this time, individuals had developed specific components of their contract content through a mix of social network information (regarding broader employment expectations) and perceptions of various elements of their particular organisation's reputation (for more firm-specific expectations).
Study 2 utilised a four-wave survey approach (available to the full sampling frame) over the 14 months following organisational entry to explore the 'shape' of individuals' contract change trajectories and the role of four theorised change predictors in driving these trajectories. The predictors represented an organisational-level informational cue (perceptions of corporate reputation), a dyadic-level informational cue (perceptions of manager-employee relationship quality) and two individual difference variables (affect and hardiness). Through the use of individual growth modelling, the findings showed differences in the general change patterns across contract content components of perceived employer (exhibiting generally quadratic change patterns) and employee (exhibiting generally no-change patterns) obligations. Further, individuals differentially used the predictor variables to construct beliefs about specific contract content. While both organisational- and dyadic-level cues were focused upon to construct employer obligation beliefs, organisational-level cues and individual difference variables were focused upon to construct employee obligation beliefs.
Through undertaking 26 semi-structured interviews, Study 3 focused upon gaining a richer understanding of why participants' contracts changed, or otherwise, over the study period, with a particular focus upon the roles of breach and violation. Breach refers to an employee's perception that an employer obligation has not been met and violation refers to the negative and affective employee reactions which may ensue following a breach. The main contribution of these findings was identifying that subsequent to a breach or violation event a range of 'remediation effects' could be activated by employees which, depending upon their effectiveness, served to instigate either breach or contract repair or both. These effects mostly instigated broader contract repair and were generally cognitive strategies enacted by an individual to re-evaluate the breach situation and re-focus upon other positive aspects of the employment relationship. As such, the findings offered new evidence for a clear distinction between remedial effects which serve to only repair the breach (and thus the contract) and effects which only repair the contract more broadly; however, when effective, both resulted in individuals again viewing their employment relationships positively.
Overall, in response to the overarching research question of this thesis, how and why individuals' psychological contract beliefs change, individuals do indeed draw upon various information sources, particularly at the organisational-level, as cues or guides in shaping their contract content. Further, the 'shapes' of the changes in beliefs about employer and employee obligations generally follow different, and not necessarily linear, trajectories over time. Finally, both breach and violation and also remedial actions, which address these occurrences either by remedying the breach itself (and thus the contract) or the contract only, play central roles in guiding individuals' contract changes to greater or lesser degrees. The findings from the thesis provide both academics and practitioners with greater insights into how employees construct their contract beliefs over time, the salient informational cues used to do this and how the effects of breach and violation can be mitigated through creating an environment which facilitates the use of effective remediation strategies.
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Chang, Marie Pei-Heng. "La résolution du contrat pour inexécution : étude comparative du droit français et du droit chinois /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, PUAM, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/516370332.pdf.
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Salazar, Tamez Jorge Iván. "The CISG and Mexican law remedies for breach of sale contracts comparison of remedies for breach of contract between the CISG and the Mexican law on sales." Saarbrücken VDM Verlag Dr. Müller, 2007. http://d-nb.info/988978032/04.
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Salazar, Tamez Jorge Iván. "The CISG and Mexican law remedies for breach of sale contracts : comparison of remedies for breach of contract between the CISG and the Mexican law on sales /." Saarbrücken : VDM Verlag Dr. Müller, 2008. http://d-nb.info/988978032/04.
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Kramer, Adam. "Remoteness of damage in contract law : an agreement-centred approach." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31168.
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This thesis concerns the legal rules of contractual remoteness: these rules govern the extent of liability that is imposed on a breaching party to compensate for the adverse consequences that the breach causes. It is argued that the allocation of responsibility for such consequences is contained implicitly in the contract: every contract extends beyond its express terms, and the allocation of responsibility for the consequences of breach is one of the matters to which it extends. This latter assertion is supported by the argument that an assumption of responsibility for the consequences of breach is a fundamental part of what it means to make a promise. Hence the rules of remoteness are merely a specialised application of the general legal principles that are used to discover the unexpressed part of an agreement. These legal principles can be seen in operation in the implication of terms and the interpretation of expressed terms.
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Coëffard, Paul. "Garantie des vices cachés et "responsabilité contractuelle de droit commun" /." [Paris] : LGDJ, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/504367196.pdf.
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Cunha, Raphael Augusto. "O inadimplemento na nova teoria contratual: o inadimplemento antecipado do contrato." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-11122015-083624/.
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Os institutos clássicos do direito das obrigações, notadamente os conceitos de obrigação, adimplemento e inadimplemento precisam ser relidos à luz dos valores da Constituição Federal de 1988 e dos princípios e das cláusulas gerais trazidos pelo Código Civil de 2002, em especial a boa-fé objetiva. A noção tradicional de obrigação, consubstanciada na ideia de uma submissão do devedor ao credor, vem sendo paulatinamente abandonada em favor de um novo conceito de relação obrigacional, composto por direitos e deveres recíprocos que convergem para a consecução de um objetivo comum: o adimplemento. Assim examinado, o adimplemento consiste em um processo dinâmico dentro do qual o devedor deve executar uma série de atos e observar inúmeros deveres (principais, secundários e laterais) necessários ao adimplemento. Foi diante dessa premissa que a doutrina moderna começou a sustentar que a infringência de deveres de conduta e de deveres anexos ao longo da relação obrigacional pode configurar um inadimplemento antecipado do contrato, que se refere às hipóteses em que o inadimplemento resta configurado a despeito de ainda não se ter atingido o termo contratual. Esse estudo visará analisar o conceito e demonstrar a necessidade da consolidação do inadimplemento antecipado como um mecanismo de proteção do credor, examinando a sua possibilidade de aplicação no direito brasileiro, os seus requisitos, a sua natureza jurídica, os seus limites e os seus efeitos.The classic institutes of contract law, notably the concepts of obligation, performance and breach of contract need to be reread pursuant to the values of the Federal Constitution of 1988 and the principles and general clauses brought by the Civil Code of 2002, in special the good faith. The traditional notion of obligation, based on the idea of the debtors submission to the creditor, has been gradually abandoned in favor of a new concept of obligatory relationship, composed of reciprocal rights and duties converging to achieve a common goal: performance. Thus, performance consists of a dynamic process in which the debtor must perform a series of acts and observe numerous duties (primary, secondary and lateral duties arising of good faith) necessary for performance. It was under this premise that modern legal scholars began to argue that any breach of duties along with the obligatory relationship can configure an anticipated breach of contract, which refers to cases in which the breach is affirmed before the contractual term. This essay aims to analyze the concept and demonstrate the need for consolidation of the anticipated breach as a creditor protection mechanism, examining its application possibility under Brazilian law, along with its requirements, legal status, limits and effects.
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Restubog, Simon Lloyd David. "One big happy family : workplace familism and psychological contract breach in the Philippines /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18635.pdf.
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Kaizad, Kohyar. "Responses to broken promises: an examination of psychological contract breach and rumour transmission /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19237.pdf.
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Zottoli, Michael A. "Understanding the process through which breaches of the psychological contract influence feelings of psychological contract violation: an analysis incorporating causal, responsibility and blame attributions." The Ohio State University, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=osu1054515958.
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Alkhadhari, Abdulwahab. "Remedies for the breach of a commercial contract for the sale of goods : a comparative analysis between the English Sale of Goods Act 1979 and the Contract of Sale of Goods in Saudi Law." Thesis, University of Stirling, 2018. http://hdl.handle.net/1893/28672.
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This thesis focuses on remedies for a breach of the Contract of Sale of Goods under English and Saudi law, wherever the Contract is in the course of business. The primary aim of the thesis is to describe and analyse those remedies and how each of the above legal regimes has dealt with breaches. For this purpose, the remedies must be analysed to identify differences and similarities between the two regimes, while at the same time highlighting the weaknesses and strengths of each. In addition, the reasons why the two legal systems have adopted their respective approaches in favouring specific remedies will be considered, in order to determine whether there are any differences in the underlying legal principles affecting the de facto results for the Buyer and Seller. In so doing, the aim is to provide a detailed and ingenious analysis, which may be of assistance in understanding each regime.
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Koch, Robert. "The concept of fundamental breach of contract under the United Nations Convention on Contracts for the International Sale of Goods, CISG." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0028/MQ50940.pdf.
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Koch, Robert 1965. "The concept of fundamental breach of contract under the United Nations Convention on contracts for the International Sale of Goods (CISG) /." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20987.
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The concept of fundamental breach plays a crucial role within the remedial system of the U.N. Convention on Contracts for the International Sale of Goods (CISG), because the remedies available to the parties to a contract of sale depend on the character of the breach. The Thesis analyzes the concept. It canvasses the different approaches employed by scholars and courts in determining fundamental breach and examines whether they can be justified by the rules of interpretation under the CISG. This examination shows that none of the approaches can be applied to all potential situations of fundamental breach and that their concurrent application is likely to produce conflicting results. This Thesis introduces a new methodology, which is based on a single concept applicable in all circumstances. Such methodology would also provide greater certainty and predictability to international sales transactions as required by the needs of the business world.
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Eklund, Carl, and Nils Wennerberg. "Arbetstagares upplevelser av psykologiska kontraktsbrott : En kvalitativ intervjustudie." Thesis, Högskolan i Jönköping, Högskolan för lärande och kommunikation, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-31800.
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Syftet med studien har varit att undersöka upplevelser av psykologiska kontraktsbrott hos arbetstagare. Särskilt intressant har varit att belysa hur kontraktsbrotten har uppstått, hur arbetstagarens känslor och beteenden har påverkats, samt om det har gått att återupprätta brutna kontrakt. Ett målinriktat bekvämlighetsurval gjordes (n=10). Av dessa var fem män och fem kvinnor i olika åldrar. Semistrukturerade intervjuer genomfördes med arbetstagare från olika organisationer, som på ett eller annat sätt haft erfarenheter av psykologiska kontraktsbrott. En innehållsanalys användes för att analysera det empiriska materialet. Resultatet visade att olika kontraktsbrott orsakats på grund av hög arbetsbelastning och brister i chefens kommunikation samt ledarskap. Konsekvenser av brotten var minskad arbetsglädje, lojalitet och motivation, samt ilska och irritation. Engagemang och effektivitet minskade hos arbetstagarna och de blev mer benägna att söka andra arbeten. Studien visade att chefen hade en central roll i återupprättandet av brutna kontrakt.
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Johnson, Nicole Annette. "An Examination of the Relational Aspects of Leadership Credibility, Psychological Contract Breach and Violation, and Interactional Justice." Diss., Virginia Tech, 2009. http://hdl.handle.net/10919/37557.
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Especially during times of intense change, managers may negatively impact the quality of employee-manager relationships by breaching or violating psychological contract terms and exhibiting unfair treatment (i.e., interactional injustice) in the workplace. A psychological contract is conceptualized as an exmployee's perception or individualistic belief about the reciprocal and promissory nature of the employment relationship (Argyris, 1960; Levinson, Price, Munden, Mandl, & Solley, 1966; Rousseau, 1989, 1990, 1995; Schein, 1965, 1994). Misperceptions surrounding contractual changes and perceived misalignments between managers' words and deeds have contributed to employee perceptions of contract breach and violation, which are linked to negative employee attitudes and behaviors (Andersson, 1996; Morrison & Robinson, 1997; Pate, Martin, & Staines, 2000; Rousseau, 1995). Employees may simultaneously experience interactional injustice when managers act in disparaging ways and fail to provide adequate explanations (Bies, 1989; Bies & Moag, 1986).
Leadership literature has provided evidence that high-quality leadership can positively influence employees' behaviors and attitudes and increase perceptions of workplace fairness (Dirks & Ferrin, 2002; Kickul, Gundry, & Posig, 2005; Kouzes & Posner, 2003). However, the relational role of leadership credibility, within the context of psychological contract breach and violation and interactional justice, has not been examined in leadership, psychological contract, and organizational justice literatures. This study was designed to explore the relationships between leadership credibility, interactional justice, and psychological contract breach and violation. The results of the study confirmed that employees' perceptions about leaders' credibility does strongly relate to managerial violation, interpersonal justice, and informational justice.Ph. D.
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Strydom, Chanette. "The psychological contract of designated and non-designated groups in a financial institution / C. Strydom." Thesis, North-West University, 2009. http://hdl.handle.net/10394/5035.
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Due to socio-political transformation, South Africa has been subjected to dramatic changes that influenced employment relationships, employment contracts between employees and employers arid the psychological contract of employees. Due to all these socio-political changes different groups of employees experience differences in their psychological contracts and have certain expectations that their organisation should fulfil. The general objective of this research is to determine the psychological contract of designated and non-designated groups of a banking institution in the North West Province. A cross-sectional survey design was used to collect the data and reach the objectives of this study. Stratified random sample (n = 131) was taken from permanently appointed designated and non-designated employees of different branches in a South African banking institution in the North West Province. A structured, self-completion questionnaire was used to collect the data. The Psycones Questionnaire and discrimination and affirmative action questions were selected from different existing questionnaires and were used to compile the questionnaire.
Descriptive statistics (e.g. means, standard deviations, skewness and kurtosis) were used to analyse the data. Pearson product-moment correlation coefficients were used to assess the relationships between the variables. Multiple regression analyses were used to investigate the effects of the variables in this study, multivariate analysis of variance (MANOVA) was performed to assess the differences in the experience of affirmative action policies of demographic groups. Item-level analysis is performed by using analysis of variance (ANOVA). The results indicated that designated and non-designated groups of employees do not experience a difference in their breach or violation of their psychological contracts when affirmative action policies are correctly implemented and communicated. Based on the findings of this study organisations are advised to ensure that affirmative action policies are implemented correctly and communicated to all groups of employees, and then designated and non-designated employees would not differ in their experience of violation in their psychological contracts. Limitations in the research are identified and recommendations were made.Thesis (M.Com. (Industrial Psychology))--North-West University, Potchefstroom Campus, 2010.
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Yang, Liu. "La suspension du contrat en cas d’obstacle à l’exécution : en droit comparé français chinois." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10035/document.
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En pratique, de nombreux obstacles peuvent empêcher le déroulement naturel du contrat. Lorsque ces obstacles n'ont qu'un caractère provisoire, le droit contemporain offre au contractant une solution temporaire : la suspension du contrat. Cependant, jusqu'à nos jours, cette solution du droit n'est pas soumise à un régime juridique unitaire. La suspension se dissimule dans diverses techniques juridiques, traditionnelles ou modernes. Le droit comparé français chinois à l'égard de la suspension permet d'identifier clairement l'ensemble de ces techniques, d'en envisager une nouvelle compréhension et de proposer une systématisation du phénomène complexe de suspension. Notre étude a révélé plusieurs constatations importantes. Pour un contractant, la suspension n'est pas uniquement une solution permettant de sanctionner l'inexécution temporaire de son cocontractant, elle peut également servir à justifier son inexécution légitime. En outre, la suspension peut être utilisée non seulement en cas d'inexécution du contrat, mais aussi en cas de risque d'inexécution. Enfin, l'objet visé par la suspension peut être non seulement la prestation contractuelle, mais aussi les travaux préparatoires à celle-ciIn practice several obstacles may prevent the natural progress of the contract. When those obstacles are not permanent in nature, modern law offers the contracting party a temporary solution : suspension of the contract. However, up until now, that legal solution has not been subject to a unitary legal system. Suspension is concealed by a range of traditional and modern legal techniques. Sino-French comparative law in relation to suspension makes it possible to clearly identify all these techniques, to envisage a new understanding and to offer a systematization of the complex phenomenon of suspension. Our study has revealed several important findings. For a contracting party, suspension is not merely a way to enable the sanctioning of temporary breach by the other contracting party; it can also be used to prove his legitimate breach. In addition, suspension can be used, not only in the event of breach of contract, but also in the event of the risk of breach. Lastly, the object affected by the suspension may not only be the contractual arrangement, but also the work leading up to it
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Hennicks, Eugèny Charlene. "Psychological contract breach, job satisfaction and turnover intention in the utility industry /|cEugèny Charlene Hennicks." Thesis, North-West University, 2014. http://hdl.handle.net/10394/10612.
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Globally competitive industries need to keep up with the rigorous technical innovations to ensure that they reach their targets in terms of customer satisfaction. In order to do this, businesses need to ensure that they have the correct skills and capabilities in order to meet their demands. Organisations encounter difficulties as they constantly need to replace lost skills, and once these skills have been replaced, they need to spend additional money to train and equip new employees adequately to perform the jobs that they are employed to do. These days, many companies find themselves in financial turmoil which emerges from large turnover rates. There has been a severe exodus of skilled employees in the utility industry. During the past twelve months, this industry has lost 1 479 critical skills. Scarce skills are expensive to retain and it is important that employee well-being take top priority to keep up with changing labour demographics. This upkeep relates to huge emphasis being placed on customer satisfaction. In order to keep customers happy, companies first need to keep their employees happy. Efforts made by the organisation to improve situational circumstances for its employees, will promote positive individual and organisational outcomes. Two dimensions contribute greatly to a positive employment relationship which is conducive towards promoting positive individual and organisational outcomes, namely a fulfilled psychological contract and fairness in allocating monetary rewards. Money should not be used as a Band-Aid; not everything can be remedied with money. However, money is important, although it is not the most important factor. Fulfilment of the different dimensions of the psychological contract, including, but not limited to opportunities for personal growth and career advancement, and a management-supportive work environment are vital towards establishing and maintaining a positive employment relationship. The aim of the study was to investigate the role of psychological contract breach, job satisfaction and turnover intention in the utility industry and to determine the outcomes thereof. A mixed method approach was used to gather data. In the qualitative study, managers and staff (N = 15) were interviewed and a thematic content analysis was performed. In the second phase of the study, the quantitative part, questionnaires were distributed to employees (N = 251) across all levels of the organisation. The measuring instruments used were the Psychological Contract Inventory, Job Satisfaction Scale and Turnover Intention Scale. The results of Article 1 (Chapter 2) showed that a total of 60% of participants made reference to the importance of money. Emphasis was also placed on other aspects, where 53% of participants made mention of leadership being an important driver of job satisfaction. Other themes also regarded as important toward curbing skills loss were the importance of personal excellence and the need for effective communication as drivers of job satisfaction.
Article 2 (Chapter 3) found that a fulfilled balanced psychological contract displayed a strong, positive relationship with job satisfaction and that job satisfaction had a negative impact on turnover intention. These findings support the negative impact of psychological contract breach on job satisfaction and, in relation to this, job dissatisfaction positively impacted turnover intention. It was further found that psychological contract breach of the balanced contract had an indirect positive impact on turnover intent via job satisfaction. Recommendations for future studies were made.MCom (Labour Relations Management), North-West University, Vaal Triangle Campus, 2014
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Riccardi, David. "Les sanctions contractuelles en droit administratif." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLS177.
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Les sanctions de l’inexécution des contrats administratifs constituent un thème classique mais peu traité du droit administratif. Elles méritaient une étude globale renouvelée. Les principales sanctions applicables en cas d’inexécution ou d’exécution fautive de ces contrats existent en effet au moins depuis la première moitié du XXème siècle. Les présentations théoriques qui en sont faites remontent également à cette période et ont peu changé, même si certaines évolutions importantes du droit positif sont intervenues. Cette stabilité de la discipline cache pourtant une réelle complexité qui se décèle dès l’analyse de la notion-même de « sanction contractuelle ». En effet, les mesures auxquelles cette notion renvoie connaissent une pluralité d’objets (résiliation, exécution autoritaire des obligations, dommages-intérêts, pénalités…) et de fonctions (prévenir, réparer, punir…) bien distincts, les uns des autres. En cherchant a priori à éviter l’inexécution et a posteriori, à la surmonter, les sanctions contractuelles apparaissent à la fois comme des mesures préventives qui peuvent s’apparenter à de véritables mesures de police du service public et à des punitions intervenant dans un cadre répressif et disciplinaire particulier, caractéristique d’un ordre contractuel autonome. La complexité et le particularisme du droit des sanctions contractuelles résulte aussi de l’aspérité de leurs régimes auxquels le droit positif et la doctrine peinent à trouver une cohérence globale. Construits isolément, ces régimes ne résultent en effet d’aucune logique commune et unitaire. Pour autant, un certain nombre de règles applicables à toutes les sanctions peut être repéré, en même temps qu’une tendance progressive à l’harmonisation. A ce jour, la substance qui constitue le droit des sanctions contractuelles apparait ainsi suffisamment homogène pour permettre la consécration d’une catégorie juridique de nature à aboutir à l’application d’un régime cohérent. Au-delà des aspects théoriques de la question, une telle consécration pourrait s’accompagner de certaines évolutions de droit positif dont l’ensemble serait de nature à offrir une lisibilité de la matière et à accroitre la sécurité juridique qui paraissent aujourd’hui indispensables à la pratique et aux acteurs des contrats administratifsThe sanctions of non-performance of administrative contracts are a classic but little-discussed theme of administrative law. They deserved a renewed global study. The main penalties applicable in the event of non-fulfillment or faulty execution of these contracts exist at least since the first half of the twentieth century. The theoretical presentations made there also date back to that period and have changed little, although some important developments in positive law have taken place. However, this stability of discipline hides a real complexity which can be discerned from the analysis of the notion of "contractual sanction". Indeed, the measures to which this notion refers are subject to a multiplicity of objects (termination, authoritarian execution of obligations, damages, penalties ...) and functions (prevention, repair, punishment ...) distinct from one another. By trying a priori to avoid non-performance and a posteriori, to overcome it, contractual sanctions appear both as preventive measures which may amount to genuine public service police measures and punishments in a framework repression and discipline, characteristic of an autonomous contractual order. The complexity and particularity of the contractual sanctions law also results from the asperity of their juridical regimes to which the positive law and the doctrine struggle to find a global coherence. Constructed in isolation, these regimes don’t result from any common and unitary logic. However, a number of rules applicable to all sanctions can be identified, along with a gradual trend towards harmonization. The substance which constitutes the contractual penalties law thus appears to be sufficiently homogeneous to enable the recognition of a legal category able to leading the application of a coherent regime. Beyond the theoretical aspects of the question, such a consecration could be accompanied by certain evolutions of positive law, the whole of which would be such as to offer a readability of the matter and to increase the legal certainty which now seem indispensable to the practice and the actors of the administrative contracts
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Schropp, Simon A. B. "Trade policy flexibility and enforcement in the WTO reform agenda towards an efficient "breach" contract /." kostenfrei, 2008. http://www.unisg.ch/www/edis.nsf/wwwDisplayIdentifier/3435.
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Daillant, Marie-Anne. "Le retard dans l'exécution des contrats (XIIe-XIXe siècle). Contribution historique à l'étude de la responsabilité contractuelle." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS200.
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Depuis plus d’un siècle, l’existence du concept de responsabilité contractuelle suscite de vives controverses au sein de la doctrine française. Le retard contractuel, aussi dénommé demeure, ou mora, constitue le second fait générateur de la responsabilité contractuelle, à côté du défaut d’exécution. Les spécificités de la demeure tiennent tant à ses conditions de mise en œuvre qu’à son régime, caractéristiques qui ne cesseront d’être réformées depuis le Moyen Âge, au gré des besoins et valeurs de chaque époque sans cesse en évolution. Fidèle à l’héritage romain dévolu par la Codification justinienne, le jus commune ne parviendra pas à formuler un principe général de responsabilité contractuelle pour retard, admettant que cette question relève davantage du fait que du droit. Il dispose néanmoins du matériau nécessaire à l’édification du principe. Mais le retard n’y est jamais considéré comme une faute, et ce constat est d’autant plus frappant dans les sources du droit propre au Royaume de France qui privilégient la recherche de l’exécution en nature de la dette. Le véritable changement de paradigme s’opèrera à la fin du XVe siècle, puis surtout sous la plume des juristes humanistes, qui, pour la première fois, qualifieront le retard de faute. Toutefois, faute, dommage et causalité ne feront pas l’objet d’une systématisation aboutie, bien que favorisée par l’énonciation d’un principe général de responsabilité civile par Grotius, sous l’égide du précepte du neminem laedere. Aux siècles suivants, l’ambiguïté demeurera manifeste, entraînant d’ailleurs une importante discordance entre les deux sommités de la doctrine française moderne, Domat et Pothier. Finalement, les rédacteurs du Code civil ne prendront pas partie pour un principe de responsabilité contractuelle pour retard, tout en confirmant les traits principaux d’un tel conceptSince over a century, the concept of contractual liability has been generating strong controversies within the French doctrine. The contractual delay, also called mora, forms the second operative event of the contractual liability, beside of the contractual failure, from which independent issues can be distinguished. Thus some specificities of the mora belong to its deployment conditions as well as its legal regime, characteristics that keep being reformed since the Middle Ages, depending on the needs and the time values constantly evolving. Following the Roman heritage from the Codification of Justinian, the Jus Commune will never succeed in formulating a general principle of contractual liability for delay, admitting that this question belongs more to the fact than the law. Yet, there is the needed ressources to edify such a principle. But the delay is never considered as a tort, and this finding is even more striking in its sources of the French Kingdom. The texts of the jus proprium are indeed very far from establishing a damages system of the delay, encouraging the search of the execution of the debt in nature. The true change of paradigm will happen at the end of the 15th century, and especially with the humanist jurists who, for the first time, will qualify the tort delay. However, tort, damage and chain of causation will not be the object of an achieved systematization, despite the enunciation of a general principle of civil liability by Grotius, under the aegis of neminem laedere precept. During the next centuries, the ambiguity will remain obvious, generating actually a strong discord between the two thoughts leaders of the modern French Doctrine, Domat and Pothier. Finally, the Code Civil redactors will not decide for a principle of contractual liability for delay, while still confirming main features of such a concept
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Arain, Ghulam Ali. "Impact of organizational social context on employee's perception of psychological contract breach (PCB) and subsequent performance behaviors." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1072.
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Notre travail doctoral vise à étudier l'impact du contexte social de l'organisation à un premier niveau, sur les perceptions des employés des ruptures du CP et à un second niveau, sur la performance au travail. Nous soutenons que la perception des employés de la rupture du CP est fortement subjective, et donc, qu'elle dépend majoritairement des repères sociaux que l'employé capte en observant la façon dont l'organisation traite les autres employés. S'appuyant sur ces arguments, l'existence de relations politiques au sein de l'organisation ainsi que les processus de comparaison sociale ont été plaidés comme facteurs contextuels sociaux influençant la perception des employés de la rupture du CP et leurs comportements subséquents de performance au travail. L'enquête a été réalisée sur un échantillon non aléatoire de 322 dyades subordonné-superviseur. Le test des hypothèses a démontré que le contexte social négatif est positivement associé à la rupture du CP au niveau transactionnel et au niveau relationnel. Les ruptures des CP transactionnel et relationnel ont des effets significatifs et négatifs sur les comportements volontaires et obligatoires des employés. L'effet est d'ailleurs légèrement plus fort pour les comportements volontaires que pour les comportements obligatoires. L'importance perçue des promesses non tenues a des effets modérateurs significatifs sur la relation entre la rupture des CP transactionnel et relationnel et sur les comportements volontaires des salariés. En revanche, cette importance n'a pas d'effet modérateur significatif sur la relation entre la rupture du CP et les comportements obligatoires des salariésThe current study is aimed at investigating the impact of organizational social context on employees' perceptions of PCB and subsequent performance behaviors. We argued that employee's perception of PCB is highly subjective in nature, thus, heavily depends on social cues the employee picks up from the organization's treatment to other coworkers. Based on these arguments, organizational politics and social comparison processes (positive and negative comparisons) were argued as social contextual factors that influence employee's perception of PCB and subsequent performance behaviors. A non-random purposive sample of 322 subordinate-supervisor matching dyads, with 60% response rate, collected from various public & private organizations of Pakistan. The SR model results demonstrated that the negative social contextual factors (organizational politics & negative comparison) had significant positive associations with both transactional and relational PCB. However, the positive social contextual factor (positive comparison) had non-significant effects on both transactional and relational PCB. Both transactional and relational PCB had significant negative effects on employees' extra-role (OCB-I) and in-role behaviors, and the effect size was, slightly, greater for extra-role than in-role behaviors. Perceived importance of broken promises showed significant moderating effects only for the relationship between PCB (transactional & relational) and employees' extra-role behaviors (OCB-I) but not between PCB and in-role behaviors
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Rever-Moriyama, Sandra D. "Do unto others, the role of psychological contract breach, violation, justice, and trust on retaliation behaviours." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0021/NQ47911.pdf.
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Shan, Bin. "The role of psychological contract breach in determining Chinese civil servants' behavioural responses to organizational change." Thesis, Liverpool John Moores University, 2012. http://researchonline.ljmu.ac.uk/6174/.
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In order to cope with the challenges brought about by increasing global competition and rapid technological development, organizational change has become the norm. Organizational change has a profound effect on employment relationships, with a particular area of concern being any breaches of the psychological contracts (PCB) and the negative behaviours that result from these. In extant literature concerns the impact of organizational change on employment relationship, however, the perceived obligations that exist in the employment relationship have received less attention. In addition, little research has been undertaken in a Chinese government context, thus, the current study investigated the role such breaches play in determining the behavioural responses of Chinese civil servants to organizational change. The conceptual framework is formed by strategic, structural, process-oriented and people-oriented change, in relation to the psychological contracted breaches associated with the transactional, relational and balanced elements. Finally, with respect to the employees' behavioural responses, the concepts Exit, Voice, Loyalty and Neglect (EVLN) behaviours were used. A positivist approach of "testing-out" was adopted, whereby a specifically-designed questionnaire was used to collect data from 486 civil servants working for the Chinese government. Mutual expectations of both parties in the employment relationship were explored. Analysis involved traditional statistical techniques and included an assessment of biographical data. In certain areas, the outcomes supported Western findings on how, following change, a breach of the psychological contract can impact on employee behaviour. However, variations with previous studies were also found, which were related to the traditional Chinese cultural dimension, Confucius thought and the social phenomena surrounding the post 1980's generation. The discussion resulted in a new conceptual model of PCB being presented, which applies specifically to the cultural context of Chinese civil servants. The study advanced knowledge in a number of ways. Theoretical contributions were made to the psychological contract and particularly the breaches brought about by the change process. Contributions were also made in extending knowledge in the area of employee behaviours, particularly those of Exit, Voice, Loyalty and Neglect. Finally, in investigating the various concepts in the culturally specific environment of China, a contribution was made to public management, international HRM and the general area of culture. Practical contributions were made through recommendations for improvement, with further areas for research also being added.
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Stolp, Myrthe Marije. "Ontbinding, schadevergoeding en nakoming : de remedies voor wanprestatie in het licht van de beginselen van subsidiariteit en proportionaliteit /." Deventer : Kluwer, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/53504190X.pdf.
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Schaupp, Gretchen Lina. "An Experimental Study of Psychological Contract Breach: The Effects of Exchange Congruence in the Employer - Employee Relationship." Diss., Virginia Tech, 2012. http://hdl.handle.net/10919/26652.
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Although the psychological contract has been a popular topic in managerial research for the past twenty years, recent critiques of the research in this area point to several shortcomings. These are believed to result primarily from the overwhelming use of field studies, survey questionnaires, and other correlational procedures in the study of this construct. One particular research question that has generated mixed results involves the effect that oneâ s underlying contract (either transactional or relational) has on individualsâ perceptions of contract breach and feelings of violation following an employerâ s breach. This study sought to gain insight into this question by using an experimental study design to assess the impact that exchange congruence â or the match between the nature of the underlying contract and the nature of the breach â has on employeesâ perceptions of breach and feelings of violation.
An experimental design was used and data was collected from 421 subjects in six treatment groups and two control groups. The treatment groups examined the effects of withdrawal breach (without resource substitutions) and both congruent and incongruent resource substitutions in transactional and relational work contexts. Also, two control groups in which no psychological breach was induced were examined. The results of the experiment differ for the transactional and relational treatments. No significant differences in perceptions of breach or violation were found with regard to the type of breach induced among the transactional treatments. Among the relational treatments, subjects that received incongruent resource substitutions perceived significantly higher levels of breach and violation than those that received congruent substitutions. Also, among the relational treatments, levels of perceived breach were significantly higher for the incongruent substitute treatment than for the withdrawal breach treatment. Therefore, the results of this study indicate that breach perceptions and feelings of violation vary for employees depending not only on the type of contract they hold, but the type of breach that they experience. In addition, the study demonstrated that an experimental design is applicable to this literature and that it could advance our understanding of the psychological contract in ways that are not possible with cross-sectional field studies.Ph. D.
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Stenson, Nicholas. "Personality matters! : investigating the role of psychological contract breach, revenge cognitions, and individual differences in rumour transmission /." [St. Lucia, Qld.], 2006. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19297.pdf.
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Sigouin, Christian. "A quantitative exploration of self-enforcing dynamic contract theory." Thesis, 1998. http://hdl.handle.net/2429/10007.
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This dissertation studies three different aspects linked to the literature on self-enforcing
dynamic contracts. Namely, this dissertation examines how a solution to this type of economic
models may be obtained numerically, how important enforcement issues might be
for a common question in economics, and how the presence of self-enforcing constraints
may be investigated empirically. It is composed of three essays. The first essay develops
a numerical method designed to approximate the solution of models with self-enforcing
constraints using a dynamic programming approach. This method may also be used to
approximate the solution of general dynamic models with occasionally binding inequality
constraints. It complements standard value function iteration algorithm with an interpolation
scheme which preserves the concavity and the monotonicity of the value function. It
has the advantage over usual value function iteration algorithms of procuring a reasonable
degree of accuracy at a relatively lower computational cost.
The second essay uses dynamic contract theory to analyze the joint behavior of investment
decisions and financial flows when contracts between lenders and borrowers are
subject to enforcement constraints. In contrast to the usual belief that financing constraints
lead firms to underinvest, this essay shows that firms are likely to overinvest.
While overinvestment is shown to be consistent with the empirical finding that investment
spending is excessively sensitive to variations in internal funds' abundance, it does not
give rise to a financial accelerator. The key feature of this model is that firms' production
and financial capacities are simultaneously determined. Firms overinvest when external
funds are relatively inexpensive if they apprehend the possibility of becoming financially
constrained in the future. By increasing their production capacity in such a way, firms
alleviate eventual shortages of funds arising from the fact that external finance has become
limited.
Finally, the third essay studies how a common implication arising from the literature
on self-enforcing contracts may be tested empirically. A key feature of a long-term
self-enforcing contract is that the quantity subject to its terms evolves over time according
to a simple updating rule; it is set to its full-enforcement level whenever doing so
does not induce one of the agents to renege. Otherwise, it is set to a self-enforcing level.
Using the example of Thomas and Worrall's (1988) labor contract model (to which productivity
growth is added), it is shown that this updating rule may be expressed as an
endogenous switching-regression model. Panel data may be used to estimate this model.
When there are measurement errors, Monte-Carlo experiments show that the switchingregression
model usually has a poor goodness of fit in small data sets. However, despite
this finding, tests of the null hypothesis that conventional contract models generate the
data under scrutiny still have a high power against the alternative hypothesis that this
data is characterized by the presence of enforcement constraints.
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Yen, Chen-Gang, and 閻正剛. "Damages Assessment of Breach of Contract." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/16945701849323372795.
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"Procurement options contract under breach and renegotiation." 2014. http://repository.lib.cuhk.edu.hk/en/item/cuhk-1291384.
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Wen, Xiao.Thesis Ph.D. Chinese University of Hong Kong 2014.
Includes bibliographical references (leaves xxv-xxxiii).
Abstracts also in Chinese.
Title from PDF title page (viewed on 27, September, 2016).
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Chiang, Shun-Chi, and 江舜琦. "User Resistance Revisit: A Psychological Contract Breach Perspective." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/hb7hff.
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碩士國立中山大學
資訊管理學系研究所
102
Information systems (IS) implementations that support organizational effectiveness and enhance efficiencies remains costly, challenging and has a high failure rate. Research on user perceived psychological contract breach in user- IS provider (ISP) relationship can aid our understanding to impact of characteristics inherent to the IS implementations on user resistance as well as their impact on how to avoid user resistance. The purpose of this study is to extend IS theory through a sustained attempt to understand why some users resist IS in organizations, and a further exploration of social-psychological determinants of user resistance as these relate to quantitative model development. The psychological contract implies a set of reciprocal obligations that can be conceived of both sides relate to the IS project activities. A breach in this psychological contract could result in feelings of violation as an affective response among users who perceived the breach, and possibly lead them to resist IS. Using data from 230 survey respondents, an empirical survey methodology was applied, and we used PLS to test the research model. Analysis showed that within a user-ISP relationship, a user perceived breach could attribute to user resistance and feelings of violation via reneging (i.e. poor ISP capabilities) and incongruence (i.e. communication and socialization on shared understandings of the objects/goals of the IS project). Being in a state of high vigilance, for example because the ISP had a breach in its record, made users more likely to monitor whether their psychological contracts had been broken by the ISP, as well as more likely to perceive that they had been broken. Our results also show that users’ interpretations, including causal attribution of the breach and perceived fairness after the breach, play moderating roles between user perceived breaches and feelings of violation. In sum, the current study proposes an exploratory model to examine the antecedents of user resistance and the consequences of user perceived breaches of psychological contracts in the context of IS project implementation. The findings, their academic and practical implications, and directions for future research are discussed.
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KE, NAI-RONG, and 葛乃榮. "Damages Assessment of Breach of Contract--Focusing on Commercial Sale Contract and Charterparty." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/9c5v2b.
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Liu, Chentse, and 劉權澤. "A Study on the Government's Breach of Government Procurement Contract－Focus on Construction Contract." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/82066445691601477298.
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Costa, Sandra Cristina Pereira. "Psychological contract breach: underlying mechanisms and defining boundary conditions." Doctoral thesis, 2016. http://hdl.handle.net/10362/19414.
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Research on psychological contract breach indicates a clear link with detrimental individual and organizational effects. However, the role of context and individual differences in shaping employees’ reaction to breach is underdeveloped. In this sense, the main goal of this research is to understand the mechanisms through which breach impacts outcomes, and the boundary conditions of breach effects. In four studies, using different samples and designs, we highlight the importance of understanding psychological contract breach taking into account different theoretical perspectives and individual differences. Overall, our research findings have both theoretical and practical implications. From a theoretical point of view, this research contributes to an understanding of the boundary conditions (both contextual and individual) surrounding the process of breach. From a practitioner perspective, this research sheds light to different variables that managers should be aware in order to minimize the negative impact of breach. Moreover, it suggests that managers need to take into account both individual and cultural differences when attempting to deal with breach.
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Su, Nan, and 蘇南. "A Study on the Breach of Public Construction Contract." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/30319376240793417383.
Full textAbstract:
碩士國立中正大學
法律所
98
The public construction contract is mainly regulated under the Government Procurement Act, which prescribes the requirements of procurement contracts and the procurement for construction work models. To make sure the good quality, safety and progress of public construction, as well as the best efficiency in public construction administrations, the content of this law mandates a more rigorous, complete and transparent rules than the private contract for construction works. Yet, in light of the complexity of the contract for public construction, the interpretation, application and identification in public construction contract also requires the constructional interoperations rooted from contract law, the related acts and professionally to address the fairness and reasonableness in both of the public interests and contract. The findings of this study showed that because legal jurisprudences in Taiwan were mainly rooted from German law, however in practice, the public construction contract model clauses are commonly translated from the contracts in Anglo-American law jurisdictions, therefore the methodology of public construction related legislations should incorporate the practical experiences in the real world. This paper introduces and discusses the liability of breaching the public construction contract, while the liability of breaching contract is the concept of Anglo-American law, which is the nonperformance of the debtor in civil law in Taiwan. Thus, Taiwan’s current rules are unfavorable for the engineers, owing to the abstraction and broadness in legal liability. This research also focuses on exploring the types, elements and legal effect of the breach of public construction contract as well as comparative legal studies. Particularly, the United States contract law, common law contract law, the liability of breach of contract in mainland China. Also the debt default system in Taiwan is studied through comparative method with specific examples of the FIDIC contracts, the requirements of procurement contracts and procurement for construction work model. Due to engineers’ ignorance of law, it is suggested that the government’s and the contractors’ liabilities of breach should be clearly and fairly addressed in public construction contract, especially the obligations of the government and both parties’ risk sharing should refer to FIDIC contract.
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Kiazad, Kohyar. "Responses to psychological contract breach: moderating effects of organisational-embeddedness." 2010. http://repository.unimelb.edu.au/10187/8501.
Full textAbstract:
Although the negative effects of psychological contract breach (“breach”) are reasonably well established (e.g., Zhao, Wayne, Glibkowski, & Bravo, 2007), the role of context in shaping employees’ responses to breach has not been thoroughly explored (Lo & Aryee, 2003). As such, the primary research objective was to investigate the moderating effects of the organisational-embeddedness sub-dimensions (links, fit, and sacrifices; Mitchell, Holtom, Lee, Sablynski, & Erez, 2001) on the relationships between breach and employees’ exit (job search, turnover intention, turnover), voice (prosocial voice, innovation), loyalty (loyalty, social participation), and neglect (withdrawal, production deviance, silence) behaviours. Two studies were conducted to investigate the conceptual model and research hypotheses.In Study 1, semi-structured interviews were conducted with 20 administrative (non-academic) Australian university employees. Content analysis of the results regarding breach outcomes revealed many of the hypothesised responses, and others, such as seeking assistance from colleagues and raising supervisor’s awareness, that were not anticipated. Furthermore, analysis of the results regarding response motives suggested themes relevant to the influence of organisational-embeddedness.
In Study 2, longitudinal survey data was collected from samples of Australian university professionals and alumni (N = 198 for Time 1 and 101 for Time 2). Outcomes were organised using the Exit, Voice, Loyalty and Neglect (EVLN) framework (Rusbult, Farrell, Rogers, & Mainous, 1988). Breach was positively related to exit (job search, turnover intention) and neglect (silence), and negatively related to loyalty (loyalty) in the cross-sectional Time 1 data. In addition, the positive breach-neglect (withdrawal, production deviance) relationship was weaker for those with more organisational-links, while the positive breach-exit (job search) relationship was stronger, and the negative breach-loyalty (loyalty) relationship was weaker, among those with good organisational-fit. At Time 2 (six months later), breach was negatively related to loyalty (loyalty). Furthermore, organisational-links, organisational-fit, and organisational-sacrifices each moderated the effects of breach on voice (innovation) as hypothesised. Specifically, employees with many links and good fit were more likely to respond to breach with voice (innovation), while those with high levels of perceived organisational-sacrifices were less likely to engage in this response. Overall, the research findings have implications for theory regarding the influence of context in shaping responses to breach, and the role of embeddedness as a moderator of employee reactions to negative work events. From a practical perspective, the research findings suggest that organisations can establish a safety net for effectively managing the harmful consequences of breach by increasing organisational-links and fit among their employees.