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Journal articles on the topic 'Breach of contract'
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Jovičić, Katarina. "PARTICULAR CASES WHEN THE CONTRACT CAN BE TERMINATED ACCORDING TO VIENNA CONVENTION." Strani pravni život 61, no. 1 (January 31, 2017): 51–62. http://dx.doi.org/10.56461/spz17104j.
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Termination of the contract is a remedy that affects the contract on the hardest way and it is allowed, subject to certain limitations and conditions, in the legal regime of the Vienna Convention on Contracts for the International Sale of Goods. The most important requirement that must be fulfilled for the creditor to gain this right is that the debtor breached the contract so seriously and severely that his actions ft into the concept of fundamental breach of contract. This general rule applies to all breaches of contract, but the termination of contract can be achieved in certain cases independently of the concept of fundamental breach of contract. Within context of specific subtitles in this work the conditions for termination the contract are specified and analyzed in situation where that right acquires the buyer, because of the seller’s breach of his characteristic contractual obligations, and when that right is acquired by the seller, on the basis of typical breach of contract by the buyer. In conclusion, it is noted that it is in the creditor’s interest that, before deciding to begin with the procedure of realization of termination the contract, analyze the existing situation in detailed manner and comprehensively because he cannot always be sure that he will be able to finish that procedure successfully.
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LIU, Hongyan, Jinglan Yang, and Xiaoxi Chen. "Making the Customer-Brand Relationship Sustainable: The Different Effects of Psychological Contract Breach Types on Customer Citizenship Behaviours." Sustainability 12, no. 2 (January 15, 2020): 630. http://dx.doi.org/10.3390/su12020630.
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Customer citizenship behaviours are important for a sustainable customer-brand relationship, yet little is known about the effect of psychological contract breach on citizenship behaviours. From the perspective of psychological contract theory, this research examined the impact of psychological contract breaches on customer citizenship behaviours through the mediating mechanism of psychological contract violation in the customer-brand relationship. Experiments were used to assess the effect of two types of psychological contract breaches on customer citizenship behaviours. The results show that the negative effect of a relational contract breach differs between the dimensions of citizenship behaviours. A relational contract breach has direct and indirect negative effects on recommendation behaviours and helping behaviours, but it does not affect voice behaviours. A transactional contract breach directly and negatively influences recommendation behaviours, but it has no effect on voice behaviours. A transactional contract breach indirectly increases helping behaviours through psychological contract violation. Psychological contract violation partially mediates the effect of a transactional contract breach on customer recommendation behaviours and fully mediates the effect of a relational contract breach on helping behaviours. These findings generate managerial implications for firms aiming to maintain sustainable customer-brand relationships.
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Varghese, Sabu, and M. S. Raju. "Psychological Contract Breach and Organizational Outcomes: Moderating Effect of Tenure." Asian Review of Social Sciences 8, S1 (February 5, 2019): 46–51. http://dx.doi.org/10.51983/arss-2019.8.s1.1495.
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Conventional wisdom tells us that only if the employees are paid enough, they can be made happy consequently productive. However, studies have suggested that the nature of the relations between employer and employee have a vital role to play in employee’s job satisfaction, Likewise, employee’s intention to leave the organization is influenced by both money related factors and relational elements. Studies suggest that the nature of the employer-employee relationship significantly affects the employee perceptions and reactions. Psychological Contract is a model which will help one to understand the employer-employee relationship. The mutual expectations and obligations proportionate to each one’s contribution is a general way to define psychological contract. Research suggests that a breach of this contract can affect the organizational outcomes and employee reactions negatively. This study considers the psychological contract breach from the employees’ perspective. Although studies have been made on the effect of psychological contract breach on several organizational outcomes, little effort has been noticed to be made to study the effect of the commonly identified dimensions – relational contract breach and transactional contract breach- on the employee reactions. While social and emotional factors such as loyalty and support contribute to relational contract, compensation and personal benefits contribute to transactional contracts. This work is noteworthy as it assesses the effect of relational contract breach and transactional contract breach on job satisfaction and employee turnover intention. The study also examines the effect of individual level variable- tenure – on the relationship of RCB and TCB with job satisfaction and turnover intention. Respondents to this study were 228 teachers from the self-financing colleges in the district of Ernakulam, Kerala in India. The results suggest that relational and transactional contract breaches will lead to significant employee reactions- reduces job satisfaction and enhances turnover intention. Tenure moderates the relationship between relational contract breach and turnover intention but not between relational contract breach and job satisfaction. Conversely, tenure moderates the transactional contract breach- turnover intention relationship but not transactional contract breach- job satisfaction.
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Clive, E. "Breach of contract." Acta Juridica 2021 (2021): 37–56. http://dx.doi.org/10.47348/acta/2021/a2.
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This contribution uses J & H Ritchie Ltd v Lloyd Ltd 2007 SC (HL) 89 as a peg on which to hang a number of fundamental questions about contract: What is a contract? Does the word ‘contract’ sometimes refer to a legal relationship rather than a juridical act? If so, does this matter? Is the law on implied terms satisfactory? Might a duty of good faith and fair dealing in contract law be a better way of dealing with certain problems than resort to the implication of terms? When is a breach of contract serious enough to justify cancellation or rescission? Should a supplier of defective goods have a right to cure the defect? Is there a risk of forgetting the difference between a right to withhold performance and a right to rescind or cancel? These questions are prompted by the fact that this was a straightforward case and similar situations must occur regularly. Yet, different judges reasoned differently and came to different conclusions in the course of the case being appealed all the way to the House of Lords. The question, therefore, is: how might a simple case have been better, or in a more straightforward way, approached through law? The contribution argues that the Draft Common Frame of Reference (the DCFR) provides both concepts and rules that would have reached the ultimate conclusion in Ritchie much more quickly and perhaps the case would not have needed to be litigated at all.
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Furmston, M. P. "Breach of Contract." American Journal of Comparative Law 40, no. 3 (1992): 671. http://dx.doi.org/10.2307/840592.
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Dariawo, Ben, Titus Pameko, Daniel Meian, Mark Nawokre, Joseph Simbaisipta, Joel Amburi, Wevin Meyande, Kevin Kambarumo, and Nason Aguleko. "Breach of Contract?" Anthropology News 40, no. 7 (October 1999): 4. http://dx.doi.org/10.1111/an.1999.40.7.4.2.
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Zhang, F. "Dynamic Contract Breach." Journal of Law, Economics, and Organization 27, no. 3 (October 21, 2009): 453–84. http://dx.doi.org/10.1093/jleo/ewp032.
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Wong, T. C., and C. Franklin. "Breach of contract." Academic Medicine 70, no. 2 (February 1995): 90–2. http://dx.doi.org/10.1097/00001888-199502000-00009.
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Možina, Damjan. "Raskid ugovora: Skica i Zakon o obligacionim odnosima." Anali Pravnog fakulteta u Beogradu 70, no. 5 (December 29, 2022): 517–42. http://dx.doi.org/10.51204/anali_pfbu_22mk17a.
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The paper presents an analysis of the regulation of termination of contract due to a breach in the Yugoslav Law on Obligations (1978) and the Draft Code on Obligations and Contracts (1969), prepared by Mihailo Konstantinović. In the area of termination of contract, Konstantinović’s primary source of inspiration was the Uniform Law on the International Sale of Goods (ULIS, 1964). The regulation of breach of contract in the Draft Code is not based on a uniform notion of breach of contract, rather, there are different types of breaches: non-performance (debtor’s default), defective performance, and impossibility of performance. The Legislative Commission, making changes to the Draft Code, retained its structure, including the regulation of different types of breaches, but made changes with regard to termination of contract. Compared to modern model laws, these changes represent some of the key shortcomings of the regulation of this area in the Law on Obligations.
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Mitra, Arijit, and Sumit Sarkar. "Efficient Supply Chain Contracting with Loss-averse Players in Presence of Multiple Plausible Breaches." American Business Review 25, no. 2 (November 16, 2022): 270–92. http://dx.doi.org/10.37625/abr.25.2.270-292.
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The legal literature distinguishes between the liquidated damage and the penalty clauses in contracts, and holds that penalties designed for the prevention of breach are excessive compared to the liquidated damages. In an efficient supply chain contract, the penalty must satisfy the participation and incentive compatibility constraints of the signatories. Considering loss-averse players, we have calculated optimal penalties in a supply chain contract and compared those with the liquidated damages. Two possible breaches are considered – a breach in quality of the delivery and a breach in the process. In the absence of any penalty, a process breach reduces the supplier’s delivery risk and cost of delivery. Determining the parametric conditions for efficient contracts, numerically we show the effects of various variables on the zone of efficient contract. We show that the optimal penalties need not be excessive compared to the liquidated damages.
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Cornelius, S. "Die formeelregtelike grondslag van die ex contractu-eis vir skadevergoeding weens kontrakbreuk." Tydskrif vir die Suid-Afrikaanse Reg 2024, no. 1 (2024): 64–74. http://dx.doi.org/10.47348/tsar/2024/i1a5.
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Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails or refuses to perform their obligations as specified in their contract, that party commits breach of contract and the normal consequences for breach then ensue. One of these consequences is that the injured party may institute a claim for damages. The nature of this remedy has been called into question. Is a claim for damages due to breach of contract derived from the contractual relationship between the parties, or is it no more than a delictual claim presented under the guise of contract? The fundamental values underlying the law of contract are consensus and reliance, as well as freedom of contract, sanctity of contract (pacta sunt servanda), good faith and privity of contract. Freedom of contract and sanctity of contract demand that contracts that are freely entered into must be honoured and enforced. From this arises the principle that breach of contract occurs even if the failure or refusal to abide by the contract cannot be attributed to fault in the sense of a wilful disregard of the contract or a negligent failure to abide by the contract. This is in stark contrast with delict, where fault is generally required for liability. Furthermore, reliance and good faith also demand that the parties should honour their obligations in terms of the contract. This relationship based on reliance and good faith is broken when breach occurs, with the result that there is a need to provide redress to the injured party that can be derived from the contractual relationship. Lastly, privity of contract generally limits the effects of the contract, as well as the resultant rights and duties in terms of the contract, to the parties who contracted with each other. There is no such closed notion of privity in delict. The article aims to explore the law of contract from a historical perspective and from a comparative analysis of various jurisdictions today to determine the nature of the claim for damages due to breach of contract. It concludes that there are fundamental differences between a claim for damages due to breach and a claim for damages due to the wrongful and culpable conduct of a third party. As a result, it is clear that the claim for damages due to breach of contract is a claim ex contractu that must be distinguished from delictual claims.
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Kim, KyungMin, and HyoungKoo Moon. "The newcomer’s psychological contract breach and its change." Korean Journal of Industrial and Organizational Psychology 28, no. 4 (November 30, 2015): 749–66. http://dx.doi.org/10.24230/kjiop.v28i4.749-766.
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This study has two primary aims: (1) to investigate the relationship between how the newcomer perceives employer promises psychological contract breach, and (2) to understand how these rates change over time. A total of 222 newcomers at major Korean companies were surveyed twice at a three-month interval. Results showed that both levels of perceived employer promise and psychological contract breach decreased over time as individuals accumulated real job experience. Also, the change in perceived employer promises was positively related to the change in breach perception. As their perceived employer promise level decreases over time, newcomers perceived fewer psychological contract breaches. This study provides evidence that a newcomer’s breach perception could result from overestimation of employer promise and that job experience plays a role in adjusting employer promise perception to an appropriate level, thereby lowering breach perception. These findings suggest that newcomers’ breach perception may be different from that of existing employees, due to incomplete initial understanding of employer promise, leading to increased frequency of breach perception. Practitioners may also benefit from education on new approaches for managing newcomers’ breach perception.
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Bhattarai, Ganesh, and Prem Bahadur Budhathoki. "Psychological contract breach and withdrawal behavior: Mediating role of psychological ownership of job and organization in Nepal." Problems and Perspectives in Management 21, no. 2 (June 19, 2023): 531–41. http://dx.doi.org/10.21511/ppm.21(2).2023.49.
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Employees cannot benefit more from formal and legal relationships alone, and a framework for addressing their psychological aspects at the workplace is essential. Therefore, this study aims to gauge the direct effect of psychological contract breaches on employee withdrawal behaviors and ownerships and the mediating role of ownerships in the relationship between psychological contract breaches and withdrawal behaviors in Nepal. This study adopted the cross-sectional survey to gather the perceptional data on a 5-point Likert scale from the 701 staff members working in the Nepali travel and tourism business. The hypotheses were tested via the positivist research philosophy and deductive reasoning approach aligning with the social exchange and equity theories. The study used structural equation modeling for data screening and analysis. The current study revealed a positive impact of psychological contract breach on predicting psychological-withdrawal behavior (B = .22, p < .001) and physical-withdrawal behavior (B = .18, p < .001) and a negative impact of psychological contract breach on job-based ownership (B = –.15, p < .001) and organization-based ownership (B = –.19, p < .001). Job-based ownership mediated the relationship between psychological contract breach and psychological-withdrawal behavior (B = .08, p < .001) and between psychological contract breach and physical-withdrawal behavior (B = .06, p < .001). Finally, organization-based ownership mediated the relationship between psychological contract breach and psychological-withdrawal behavior (B = .02, p < .01) and between psychological contract breach and physical-withdrawal behavior (B = .05, p < .001).
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Kim, Sun-ok. "A Review on Anticipatory Contractual Breaches and Remedies under CISG." Korea International Trade Research Institute 19, no. 2 (April 30, 2023): 193–206. http://dx.doi.org/10.16980/jitc.19.2.202304.193.
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Purpose – This research aims to explore the practical application of anticipatory breaches in international sale contracts, examine the legal framework, and analyze the impact on the parties involved. Design/Methodology/Approach – The research methodology involves analyzing a case study in which decisions were made applying articles 71, 72, and 73 of the CISG, which govern the issue of an anticipatory breach of contract. Findings – The findings suggest that a party intending to suspend its obligations or terminate a contract for an anticipatory breach must present objective evidence. However, if there are suspicions, but it is difficult to submit evidence, the party may, by notice, request the other party provide appropriate security for the performance of the contract. If the other party does not provide adequate security, that fact could be used as evidence. Research Implications – The anticipatory breach provisions set out in articles 71, 72, and 73 of the CISG help to adjust potential damages and allow both parties to take effective measures in case of a potential breach of contract. It may be necessary for both sellers and buyers to take effective measures without waiting until the breach materializes on the due date. The originality of the research lies in its examination of the practical application and legal framework of anticipatory breach, and its impact on the parties involved in international sale contracts.
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Tepavac, Nevena. "Fundamental breach of contract under the UN convention on contracts for the international sale of goods." Pravo - teorija i praksa 40, no. 4 (2023): 174–98. http://dx.doi.org/10.5937/ptp2304174t.
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The concept of fundamental breach of contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980 plays a pivotal role in determining the legal remedies available to the aggrieved party. It allows for contract termination only in instances where a breach is deemed fundamental. This paper delves into a comprehensive analysis of the institution of fundamental breach of contract and its characteristics, providing insight into how the Convention distinguishes between a fundamental breach and a non-fundamental breach. As a result, it assists in resolving potential uncertainties and dilemmas the aggrieved party might face concerning the choice of legal remedies. The analysis begins with an exploration of the background and drafting process of Article 25 of the Convention. The focus then shifts to an in-depth analysis of the institution of fundamental breach of contract. This covers how and why the distinction between a fundamental breach and a non-fundamental breach emerged, leading up to an intricate examination of all the conditions and features of a fundamental breach of contract, all with the aim of accurately defining this term in line with the provisions of the Convention. The study also encompasses a review of pertinent judicial and arbitral practices, aiding in a better understanding of the practical application and interpretation of the institution of fundamental breach of contract. Special attention is devoted to analyzing how the aggrieved party can be confident in its right to terminate the contract and how to sidestep potential hazards and consequences of an unjustified termination. Through a detailed review of the Convention's provisions and both judicial and arbitral practices, this paper offers a succinct insight into the institution of fundamental breach of contract in the context of international sales of goods. It investigates how contracting parties can safeguard themselves and how they can act in accordance with the rights and obligations stipulated by the Convention.
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Zamir, Eyal. "The Extent of Similarity Required Between the Content of the Contract and its Performance." Israel Law Review 25, no. 2 (1991): 187–218. http://dx.doi.org/10.1017/s0021223700010359.
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Section 2 of the Contracts (Remedies for Breach of Contract) Law, 1970 defines a breach as “an act or omission contrary to the contract”. This general definition applies to any obligation in any contract, and to every form of its breach. Thus, a seller who has undertaken to deliver certain property at an agreed time and place is in breach of his obligation whether he delivers a different property than the agreed or a defective one, whether he makes the delivery after the agreed time or at a wrong place, and so forth. This abstraction of the notion of breach, and the application of similar rules to all kinds of breach (subject to some specific rules in specific Laws and in the Remedies Law itself), are prominent features of the law of contractual remedies and of contract law in general under Israeli legislation. This abstraction enables one to deal generally with subjects, that in other legal systems in various contexts are treated separately. The question discussed in this article refers to the degree of similarity required between the content of the contract and its actual performance. In other words, the question is whether a slight or trivial deviation from the contract's content is to be considered a breach.
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Firaddin Mammadzada, Sabuna. "BREACH OF CONTRACT AS ONE OF THE GROUNDS FOR TERMINATION OF THE CONTRACT OF CARRIAGE OF GOODS BY SEA." SCIENTIFIC WORK 54, no. 05 (June 5, 2020): 91–94. http://dx.doi.org/10.36719/aem/2007-2020/54/91-94.
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Sanders, Gregory, and Zachary Huitink. "What does consolidation mean for performance? Concentration, competition, and defense contracting outcomes." Journal of Strategic Contracting and Negotiation 4, no. 1-2 (March 2018): 30–57. http://dx.doi.org/10.1177/2055563620921116.
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How does industrial concentration influence performance outcomes in government contracting? This paper hypothesizes that concentration influences contract performance directly, as well as indirectly through reducing competition for contract awards. Tests of these hypotheses on a large dataset of US defense contracts reveal nuanced results. Increasing concentration is directly associated with a higher likelihood of contract terminations, and remains the same even after accounting for levels of competition (suggesting competition does not mediate the influence of concentration on this performance indicator). Contrary to expectations, higher competition is associated with a higher rather than a lower likelihood of terminations. Concentration is not associated with the incidence of cost ceiling breaches, and competition resulting in single (rather than multiple) offers is associated with a lower likelihood of a breach. When a breach has occurred, however, higher concentration is associated with larger breaches sizes, and higher competition with smaller breach sizes. Combined, these results partially support concerns about a connection between concentration, market power, and diminished performance incentives but suggest that the nature of these relationships depends upon the indicator of contract performance being considered.
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Leitzel, Jim. "Reliance and Contract Breach." Law and Contemporary Problems 52, no. 1 (1989): 87. http://dx.doi.org/10.2307/1191898.
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Štemberger, Katja. "Public and Private Law Aspects of Breach of the Concession Contract in Slovenian Law." Hrvatska i komparativna javna uprava 23, no. 2 (July 20, 2023): 241–71. http://dx.doi.org/10.31297/hkju.23.2.3.
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Breach of the concession contract is governed by the provisions from the field of concession relations and by the rules of the law of obligations. However, the rules of the law of obligations apply only mutatis mutandis. A concession contract is an administrative contract that is characterised by the fact that the parties must always pursue a public interest, which generally prevails over other contractual interests. Thus, it may happen that continued fulfilment of the contract is still in the public interest despite the breach. Slovenian law is often not adapted to the special nature of the concession contract. Regulations in the field of concession relations restrict the rescission right of the concessionaire only to certain cases and do not offer it generally for all concession contracts, which may jeopardise the principle of continuity of the performance of the public service. On the other hand, the grantor may rescind the contract, revoke the concession, and in some cases terminate it in accordance with the EU law due to the concessionaire’s breaches. However, the rules often do not establish a clear boundary between these sanctions, which creates legal confusion. The intertwining of public law and private law elements of the concession contract is also typical for the assessment of damages liability. If the damage is the result of (unlawful) public authority actions by the grantor, such liability must be assessed in accordance with the rules on State liability for damages due to unlawful conduct, even if the conduct also constitutes breach of contract. The consequences of breach of public law acts by the concessionaire are not generally regulated in Slovenian law. If such a breach does not also constitute breach of contract, the grantor has the right to compensation only if the sector law so stipulates
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Xu, Rui. "A Study on the Compensation for Mental Damage in the Breach of Personhood Property Contracts." Frontiers in Humanities and Social Sciences 4, no. 1 (January 23, 2024): 422–30. http://dx.doi.org/10.54691/p441fw46.
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The personhood property are not only the carriers of personality interests, but also an important manifestation of personality interests. The protection of personhood property is a key issue that the law needs to pay attention to. In recent years, contracts with personal property as the subject matter of contracts have become increasingly common, and the resulting breach of contract requires legal regulation. Article 996 of the Civil Code confirms China's compensation system for breach of contract mental damages, but stipulates that the damage to personality rights is a prerequisite for compensation for breach of contract mental damages. There is no provision for compensation for breach of contract mental damages in personal property contracts, resulting in different judicial standards for compensation for breach of contract mental damages in judicial practice, and the phenomenon of different judgments in the same case is common, The non breaching party in a personal property contract is unable to receive timely and effective judicial remedies, which is not conducive to the protection of the personal interests of the rights holders in reality. Based on this, this article takes the breach of personal property contracts as the starting point, combined with specific cases in judicial practice, to conduct in-depth analysis and propose improvement suggestions for the current problems of unclear standards for identifying personal property, lack of legal provisions for compensation for mental damages caused by breach of personal property contracts, and unclear reference standards for compensation for mental damages caused by breach of contract. The aim is to enable the parties who suffer losses in personal property contracts to receive corresponding compensation for mental damages, Strengthen the protection of personal property rights and the interests of everyone.
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Liua, Shucheng, and Keyu Yan. "Study on the possibility of compensation for moral damages for breach of contract." SHS Web of Conferences 179 (2023): 04031. http://dx.doi.org/10.1051/shsconf/202317904031.
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The purpose of this article is to explore the possibility of establishing a system of moral damages for breach of contract through the study of tourism contracts, so as to protect the interests of contractual counterparties who suffer non-pecuniary losses as a result of non-serious damages. The current state of affairs is that, in general, for breach of contract, current scholarship and general doctrine is strongly opposed to the inclusion of moral damages in the system of damages for breach of contract, and instead insists on a dualistic system of remedies for breach of contract and tort. The shortcomings of this approach are that tort damages and breach of contract damages have different principles of proof and imputation, and the standard of damages cannot be claimed without reaching a certain standard, making it impossible for the interests of the right holder to be adequately remedied. This article will examine the case law and comparative approach to the possibility of moral damages for pure contractual breaches that have not yet resulted in serious damage, and thus to develop a vision for the establishment of such a system. The establishment of such a system will provide a higher degree of protection for the interests of the contractual counterparty and thus achieve a full remedy of rights.
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Ansar, Kainat, Mansoor Ahmed, Markus Helfert, and Jungsuk Kim. "Blockchain-Based Data Breach Detection: Approaches, Challenges, and Future Directions." Mathematics 12, no. 1 (December 28, 2023): 107. http://dx.doi.org/10.3390/math12010107.
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In cybersecurity, personal data breaches have become one of the significant issues. This fact indicates that data breaches require unique detection systems, techniques, and solutions, which necessitate the potential to facilitate precise and quick data breach detection. Various research works on data breach detection and related areas in dealing with this problem have been proposed. Several survey studies have been conducted to comprehend insider data breaches better. However, these works did not examine techniques related to blockchain and innovative smart contract technologies to detect data breaches. In this survey, we examine blockchain-based data breach detection mechanisms developed so far to deal with data breach detection. We compare blockchain-based data breach detection techniques based on type, platform, smart contracts, consensus algorithm language/tool, and evaluation measures. We also present a taxonomy of contemporary data breach types. We conclude our study by outlining existing methodologies’ issues, offering ideas for overcoming those challenges, and pointing the way forward.
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Ampofo-Ansah, Christine, and Joseph Ampofo Ansah. "Psychological Contract Breach and Work Performance in the Public Sector in Ghana." International Journal of Technology and Management Research 2, no. 2 (March 12, 2020): 38–43. http://dx.doi.org/10.47127/ijtmr.v2i2.56.
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Work in organizations entails an exchange relationship between employees and organization. Apart from the written employment contract, there still exists a set of mutual expectations from the two parties (employer and employee) which remain unwritten and unvoiced and yet drives the behavior of both workers and organizations alike, and this is what is referred to as the psychological contract. Psychological contract refers to the employees’ subjective interpretations and evaluations of their deal with the organization. The aim of this study is to explore the impact of breaches or violations in the psychological contract on the performance of employees. It aims to present two concurrent hypotheses, based on theoretical interaction effects of social exchanges (conceptualized as social exchange relationships, fairness, and job security).Data were collected from a sample of 150 employees from both Public and Private Banks in Ghana. Regression analysis was used to explore the moderating effects of social exchanges on the relationships between psychological contract breach and work performance (operationalized as in- role behaviors and organizational citizenship behaviors).It was found that the negative relationship between psychological contract breach and work performance was moderated by social exchanges, such that the relationship was stronger for employees with high social exchange relationship, perceived organizational support, and job security which means that psychological contract breach will negatively affect employees with higher expectations in social exchanges.
Keywords: Breach of contract; Social interaction; Psychological contracts; Job satisfaction
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Cunnington, Ralph. "Should punitive damages be part of the judicial arsenal in contract cases?" Legal Studies 26, no. 3 (September 2006): 369–93. http://dx.doi.org/10.1111/j.1748-121x.2006.00016.x.
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This paper challenges the traditional assumption that punitive damages are unavailable for breach of contract. It is shown that Addis v Gramophone provides weak authority for this assumption. The paper considers whether there is a logically coherent argument for retaining punitive damages in tort, while denying them for breach of contract, and it is shown that there is not. The main arguments advanced against punitive damages in civil proceedings are examined and shown to be unpersuasive. Finally, the efficient breach theory is considered and rejected on the ground that it significantly underestimates the costs associated with breach. In conclusion, the paper recommends that punitive damages should be exceptionally awarded to deter outrageous breaches of contract in cases where compensatory damages are inadequate and gain-based damages are unavailable.
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Zdravković, Uroš. "Definition of fundamental breach of contract on international sale of goods." Zbornik radova Pravnog fakulteta Nis 60, no. 92 (2021): 97–114. http://dx.doi.org/10.5937/zrpfn0-34163.
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The fundamental breach of contract is defined in Article 25 of the UN Convention on Contracts for the International Sale of Goods (CISG), which states: "A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result." When a fundamental breach of contract occurs, the deprived party (seller or buyer) has a right to avoid a contract. Avoidance of contract is the last resort remedy applicable in case other remedies are ineffective. Pursuant to Article 25 of the CISG, there are two criteria which must be fulfilled for a fundamental breach of contract to exist. The first criterion is objective; it comprises two conditions: a) there is a breach of obligation defined in the contract or in the CISG; and b) such a breach substantially deprives the other party of what the party is entitled to expect under the contract. The second criterion is subjective: the breaching party has to foresee such a result. Although this criterion is essentially subjective, it contains an objective element, embodied in the use of the reasonable person standard. Hence, even when the breaching party has not foreseen substantial deprivation of the other party as a result of breach, a substantial breach of contract will be deemed to exist if a reasonable person of the same kind in the same circumstances could have foreseen such a result.
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Sangiuliano, Anthony Robert. "A Corrective Justice Account of Disgorgement for Breach of Contract by Analogy to Fiduciary Remedies." Canadian Journal of Law & Jurisprudence 29, no. 1 (February 2016): 149–90. http://dx.doi.org/10.1017/cjlj.2016.6.
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A corrective justice account of a private law remedy attempts to the explain the remedy as giving back to the plaintiff something to which the plaintiff had a prior right that was breached by the defendant's receipt of that thing. It has proven challenging to explain how disgorgement for breach of contract is consistent with corrective justice. This remedy gives to the plaintiff any profit that a defendant received from a third party by breaching a contract with the plaintiff. In this paper, I critique two leading attempts to show how disgorgement for breach of contract is consistent with corrective justice. I argue that these attempts fail, and I suggest that a plausible corrective justice account of disgorgement should be based on something other than the nature of the contractual rights borne by a plaintiff. I then develop an alternative account based on an analogy between disgorgement for breach of contract and disgorgement for breach of fiduciary duty. To do so, I draw on recent scholarship on the consistency of disgorgement for breach of fiduciary with corrective justice and analyze the leading judicial decision on disgorgement for breach of contract by the UK House of Lords inAttorney General v. Blake. I argue that the fiduciary-based account can provide a plausible explanation for how disgorgement effectuates corrective justice by giving back to a plaintiff something to which he had an antecedent right that the defendant violated by profiting from a breach of contract.
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McBryde, William W. "Remedies for Breach of Contract." Edinburgh Law Review 1, no. 1 (September 1996): 43–78. http://dx.doi.org/10.3366/elr.1996.1.1.43.
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This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, is a critical survey of the remedies available in Scots law for breach of contract. It considers interest, specific implement, interdict, breach of contract, the mutuality principle, damages and penalty clauses.
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Wilson, Robert H. "Hotel Management Contracts: Breach of Contract, Termination, and Damages." Journal of Hospitality Financial Management 7, no. 1 (September 1999): 43–57. http://dx.doi.org/10.1080/10913211.1999.10653721.
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Wilson, Robert H. "Hotel Management Contracts: Breach of Contract, Termination and Damages." Journal of Hospitality Financial Management 8, no. 1 (September 2000): 72. http://dx.doi.org/10.1080/10913211.2000.10653741.
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Bhattarai, Ganesh, Dipendra Karki, and Rewan Kumar Dahal. "Psychological Contract Breach and Organizational Deviance Behaviour: Mediating Role of Professional Commitment." Nepal Journal of Multidisciplinary Research 3, no. 3 (December 31, 2020): 34–50. http://dx.doi.org/10.3126/njmr.v3i3.34883.
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This study was carried out to measure the direct impact of employees’ psychological contract breach on organizational deviance behavior and professional commitment, direct impact of professional commitment on organizational deviance behavior, and mediating role of professional commitment in the relationship between psychological contract breaches to organizational deviance behavior. As the respondents, 426 employees working in Nepalese non-profit making organization (i.e. international non-government organization working in Nepalas well as national level non-government organization) were surveyed.
were drawn from the analysis of crosses sectional perceptual data adopting quantitative research method, deducting reasoning approach and positivist research philosophy. Regression analysis, after the confirmatory factor analysis, revealed that (a) employee’s psychological contract breach was positively associated with organizational deviance behavior, (b) employees psychological contract was negatively associated with professional commitment, (c) employees’ professional commitment was negatively associated with organizational deviance behavior, and (d) professional commitment mediated the relationship of psychological contract breach to organizational deviance behavior. Moreover, regarding effect size, the direct effect size of psychological contract breach to predict organizational deviance behavior was .86, and an indirect effect through professional commitment was -.12.Based on the study's conclusion, numbers of theoretical implication and practical implications are suggested.
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Bravo, Gonzalo A., Doyeon Won, and Weisheng Chiu. "Psychological contract, job satisfaction, commitment, and turnover intention: Exploring the moderating role of psychological contract breach in National Collegiate Athletic Association coaches." International Journal of Sports Science & Coaching 14, no. 3 (June 2019): 273–84. http://dx.doi.org/10.1177/1747954119848420.
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This study examined the relationship between psychological contract and three work attitudes, job satisfaction, affective commitment, and turnover intention in a sample of National Collegiate Athletic Association coaches. This study also explored the moderating role of the psychological contract by examining coaches' perceptions of the intentional and unintentional breach. A total of 383 coaches responded to the survey that included items in the transactional and relational psychological contract, job satisfaction, affective commitment, and turnover intention. In addition, the sample was split into two groups, intentional breach and unintentional breach based on their responses to a single question regarding the perceived breach status. Results revealed that the transactional contract had a positive influence on job satisfaction and a negative influence on affective commitment. On the other hand, the relational contract had positive influences on both job satisfaction and affective commitment. Job satisfaction had a positive influence on affective commitment, which negatively led to turnover intention, while affective commitment had no significant influence on turnover intention. A multi-group analysis was conducted to test whether the psychological contract breach moderated the paths in the hypothesized model. The paths from transactional contract to satisfaction and commitment as well as from satisfaction to turnover intention were moderated by the psychological contract breach. The transactional contract–job satisfaction relationship was meaningful for the unintentional breach group, while the transactional contract–affective commitment relationship was stronger with the intentional breach group. The job satisfaction–turnover intention relationship was stronger with the intentional breach group than with the unintentional breach group.
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Powers, Thomas E., and Thomas H. Sawyer. "Fraud, Breach of Contract, and Breach of Fiduciary Duty." Journal of Physical Education, Recreation & Dance 70, no. 7 (September 1999): 8. http://dx.doi.org/10.1080/07303084.1999.10605677.
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Cooter, Robert, and Melvin Aron Eisenberg. "Damages for Breach of Contract." California Law Review 73, no. 5 (October 1985): 1432. http://dx.doi.org/10.2307/3480408.
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Suazo, Mark M., and Eugene F. Stone‐Romero. "Implications of psychological contract breach." Journal of Managerial Psychology 26, no. 5 (July 5, 2011): 366–82. http://dx.doi.org/10.1108/02683941111138994.
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Haggard, Dana L. "Mentoring and Psychological Contract Breach." Journal of Business and Psychology 27, no. 2 (June 26, 2011): 161–75. http://dx.doi.org/10.1007/s10869-011-9237-2.
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Ji, Wonlim. "Comments on Breach of Contract." Korean Association of Civil Law 103 (June 30, 2023): 21–45. http://dx.doi.org/10.52554/kjcl.2023.103.21.
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Paillé, Pascal, Nicolas Raineri, and Patrick Valeau. "The Effects of the Psychological Contract Among Professional Employees Working in Non-Professional Organizations." Articles 71, no. 3 (October 19, 2016): 521–43. http://dx.doi.org/10.7202/1037663ar.
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Few researchers have sought to examine the consequences of psychological contract breach in the particular case of professional employees working for nonprofessional organizations. To increase our understanding, the purpose of this article was to test an original research model encompassing psychological contract breach, psychological contract violation, perceived organizational support, organizational and professional commitment, and intention to leave the organization. A study was conducted among a sample of 329 professional employees working in nonprofessional organizations. As predicted, this research shows a positive relationship between psychological contract breach and psychological contract violation, a negative relationship between breach and organizational commitment, and a negative relationship between organizational commitment and the intention to leave the organization. However, contrary to expectations, the results indicated that perceived organizational support has no moderating effect on the relationship between breach and violation. This finding does not confirm previous findings from the study by Suazo and Stone-Romero (2011). This unexpected result led to testing a different combination between perceived organizational support and PC-breach and PC-violation, which is documented in the literature on nonprofessional employees. Thus, in accordance with previous results by Suazo (2009), the data from our research indicate that the relationship between PC breach and perceived organizational support is mediated by PC violation. This alternative research model suggests testing a long mediation process by which the breach influences the intention to leave the organization via the violation, the perceived organizational support, and professional and organizational commitment. This long mediation process has been confirmed by our data. Finally, the results of this research suggest that when working in a non-professional context, professional employees tend to react to breaches of the psychological contract in a similar way to non-professional employees.
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Coyle-Shapiro, Jacqueline A. M., Sandra Pereira Costa, Wiebke Doden, and Chiachi Chang. "Psychological Contracts: Past, Present, and Future." Annual Review of Organizational Psychology and Organizational Behavior 6, no. 1 (January 21, 2019): 145–69. http://dx.doi.org/10.1146/annurev-orgpsych-012218-015212.
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We provide a review of psychological contract research, beginning with past conceptualizations and empirical evidence. We tailor this retrospective look by reviewing the antecedents and outcomes associated with psychological contract breach and discussing the dominant theoretical explanations for the breach-outcome relationship. This synthesis of past evidence provides the foundation for reviewing the present emerging and developing themes in psychological contract research. This discussion is organized around the expansion of resources exchanged and the antecedents of contract breach and outcomes, moving beyond reciprocity as an underpinning explanation. We highlight the practical implications of research to date on psychological contracts and end with directions for future research to include the need for greater attention given to ideological currency, employee health, polycontextual approaches, the role of psychological needs, and post-breach/violation.
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Sein, Karin, and Piia Kalamees. "Price Reduction in the System of Contractual Remedies." European Review of Private Law 23, Issue 2 (April 1, 2015): 263–80. http://dx.doi.org/10.54648/erpl2015020.
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Abstract: This article focuses on two aspects regarding the contractual remedy of price reduction. First, it analyses whether price reduction as a remedy can be used in case of breach of any type of contract or should be limited to the more traditional areas of application, such as a breach of sales contract, contract for work, or lease contract. At the moment, both approaches are represented in legal traditions of various countries and these differences are also present in international instruments. The authors suggest that allowing price to be reduced in case of breach of any type of contract has some significant advantages. Second, the article examines which remedies can be used cumulatively with price reduction and which remedies preclude it. This issue is discussed in the light of breach of both types of contracts - contracts for non-successive performance and contracts for successive performance. The authors are of the opinion that distinct differences exist in respect of rules governing cumulation of price reduction and other remedies contingent on the nature of the contract (non-successive/successive). The analysis of the aforementioned questions is based primarily on the regulation of the Draft Common Frame of Reference (DCFR), Common European Sales Law (CESL), German Civil Code (BGB), and the Estonian Law of Obligations Act.
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Seligman, Matthew. "Moral Diversity and Efficient Breach." Michigan Law Review, no. 117.5 (2019): 885. http://dx.doi.org/10.36644/mlr.117.5.moral.
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Most people think it is morally wrong to breach a contract. But sophisticated commercial parties, like large corporations, have no objection to breaching contracts and paying the price in damages when doing so is in their self-interest. The literature has ignored the profound legal, economic, and normative implications of that asymmetry between individuals’ and firms’ approaches to breach. To individuals, a contract is a promise that cannot be broken regardless of the financial stakes. For example, millions of homeowners refused to breach their mortgage contracts in the aftermath of the housing crisis even though doing so could have saved them tens or even hundreds of thousands of dollars. Their moral beliefs led homeowners to forgo opportunities for efficient breach that firms would have seized, thus exacerbating al-ready swelling wealth inequalities. This Article explains this phenomenon, identifies its consequences and examines strategies to address it. Neither ex post judicial interventions (such as adjusting the remedies for breach) nor traditional ex ante regulatory interventions (such as disclosure requirements) will effectively address the problem. Instead, the most promising approach is a novel solution based on the framework of choice architecture: requiring contracts to include an express term creating an option to exit the contract and pay a fee equivalent to expectation damages. An express exit term elevates an implicit legal option into an explicit contractual option, reframing the moral choice so individuals would perceive exiting the contract as a morally permissible performance of their promise rather than a morally forbidden breaking of it. The presence of that exit term thereby aligns individuals’ perceptions of their moral obligations under the contract with sophisticated firms’ approaches to breach. The Article concludes with new empirical evidence that demonstrates the practical impact of an exit clause. It presents the results of two experimental studies I performed that demonstrate the effectiveness of a mandatory exit clause in reducing the effects of the asymmetry between individuals and firms. Those results show that exit clauses could have substantial practical implications for the regulation of contracts in contexts like consumer and mortgage contracts.
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Rodwell, John, and Andre Gulyas. "Psychological contract breach among allied health professionals." Journal of Health Organization and Management 29, no. 3 (May 18, 2015): 393–412. http://dx.doi.org/10.1108/jhom-05-2013-0107.
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Purpose – Allied health professionals are vital for effective healthcare yet there are continuing shortages of these employees. Building on work with other healthcare professionals, the purpose of this paper is to investigate the influence of psychological contract (PC) breach and types of organisational justice on variables important to retention among allied health professionals: mental health and organisational commitment. The potential effects of justice on the negative outcomes of breach were examined. Design/methodology/approach – Multiple regressions analysed data from 113 allied health professionals working in a medium-large Australian healthcare organisation. Findings – The main negative impacts on respondents’ mental health and commitment were from high PC breach, low procedural and distributive justice and less respectful treatment from organisational representatives. The interaction between procedural justice and breach illustrates that breach may be forgivable if processes are fair. Surprisingly, a betrayal or “aggravated breach effect” may occur after a breach when interpersonal justice is high. Further, negative affectivity was negatively related to respondents’ mental health (affective outcomes) but not commitment (work-related attitude). Practical implications – Healthcare organisations should ensure the fairness of decisions and avoid breaking promises within their control. If promises cannot reasonably be kept, transparency of processes behind the breach may allow allied health professionals to understand that the organisation did not purposefully fail to fulfil expectations. Originality/value – This study offers insights into how breach and four types of justice interact to influence employee mental health and work attitudes among allied health professionals.
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Ismail, Mahmoud. "CONTRACT BREACH AND REMEDIES IN FRENCH LAW ACCORDING TO THE REFORM IN 2016." Journal of Southwest Jiaotong University 57, no. 6 (December 30, 2022): 1104–11. http://dx.doi.org/10.35741/issn.0258-2724.57.6.96.
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This research looks on the relationship between the breach of contract and the remedies for such breach, and their actual application in the contractual relationship. The contract is a manifestation of voluntary promise between the parties, tends to create a legal obligation. The Contract Law differs from jurisdiction to jurisdiction due to the history and environment of development in various societies. The law usually specifies contract parties' obligations, and the parties must fulfill their obligations. Otherwise, they will breach the contract. A contract is deemed breached if at least one main obligation was not full filed or was delayed. The obligations of a contract vary depending on whether they are results-based or best-efforts-based. In the first situation, the pretender only needs to prove that the obligation was not realized. In the second situation, the pretender must prove that the other party did not perform his part of contractual obligations as well as possible or was negligent or not diligent enough. The breach of contract must have harmed the other party. French law could order the compensation of different damages such as material injuries, non-pecuniary damages, or bodily harms. However, a debtor is liable only for damages that were predicted or that could be predicted at the time of the contract, unless the debtor's failure is owing to his own clear negligence or fraud. Of course, a causal link must be proved between the breach of contract and the claimed damage, that is to say that the damage must be the immediate and direct consequence of the non-performance of the contract. In this case, the breach of contract is proved, then, what remedies does French law have? While this research was trying to determine the answer of such question according to the reform of 2016 of French civil law, we found a stable remedies decided by the French civil code.
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Kaldybayev, Askar, and Gulnaz Ospanova. "СONSEQUENCES OF BREACH OF CORPORATE CONTRACT." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 1, no. 68 (March 30, 2022): 32–42. http://dx.doi.org/10.52026/2788-5291_2022_68_1_32.
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This paper considers the possibility of introduction into the corporate legislation of the Republic of Kazakhstan such a type of contract as a corporate contract and the establishment of liability for breach of its provisions. The current legislation of the Republic of Kazakhstan does not contain provisions on the corporate contract (shareholder agreement). Meanwhile, based on the principle of freedom of the contract, it is not forbidden and could give a number of advantages to business community. But due to the lack of legislative regulation of the corporate contract, especially liability for its violation, entrepreneurs do not see any sense in its conclusion. For the purposes of elaboration of proposals to stimulate parties of the corporate contract to fulfill their obligations under the corporate contract this article analyzes the international experience of countries where the institute of the corporate contract has a solid practice of application. As a result of the analysis of international experience, the authors have come to understanding that the penalty and the claim for damages which are actively used in law enforcement practice in Kazakhstan, are not really effective tools in the execution of the obligations of the corporate contract. Usually, the purpose of corporate contracts is not to obtain monetary compensation in case of breach of contract, but to fulfill the obligations of the corporate contract, to achieve certain results on the management of the company. In addition, in case of claiming damages, there is a risk of their reduction by the court. Besides, damages have high standards of proof. In this regard, this paper proposes to pay attention to more progressive mechanisms used in international jurisprudence, such as the requirement of performance of an obligation in kind.
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Mantili, Rai, and Sutanto Sutanto. "KUMULASI GUGATAN PERBUATAN MELAWAN HUKUM DAN GUGATAN WANPRESTASI DALAM KAJIAN HUKUM ACARA PERDATA DI INDONESIA." Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi 10, no. 2 (April 30, 2019): 1–18. http://dx.doi.org/10.28932/di.v10i2.1210.
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This article describes the integration of lawsuits in breach of law or breach of contract which often found in court examination practice. First issue will analyze whether the integration of lawsuits can be conducted between breach of law and breach of contract claims pursuant to Indonesian Civil Procedures. The second issue will analyze the legal consideration of judges who reject the integration of lawsuits between breach of law and breach of contract claims pursuant to Indonesian Civil Procedures
There are some of opinions of judges or expert against the integration of lawsuits between breach of law and breach of contract claims. A jurisprudence states that the integration of lawsuit between breach of law and breach of contract claim in lawsuit is violating the code of conduct since both shall be examined respectively. HIR, RBG and RV does not strictly stipulate and prohibit the integration of lawsuit, however, pursuant to Jurisprudence of The Supreme Court of the Republic of Indonesia No. 1875K/Pdt/1984 dated April 24, 1986, “the integration of lawsuits between the breach of law and breach of contract claims cannot be conducted since it is violating the civil procedures and accordingly it shall be examined respectively. In accordance with such jurisprudence, the Judex Jurist is authorized to declare that the integration of lawsuits between the breach of law and breach of contract claims is unacceptable lawsuit (NO/niet oontvankelijk verklaard).
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Rodwell, John, and Julia Ellershaw. "Suggesting Context Differences Influence the Impact of Nurses’ Psychological Contracts." Social Sciences 13, no. 1 (January 8, 2024): 40. http://dx.doi.org/10.3390/socsci13010040.
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Inconsistent findings regarding psychological contracts may be due to the variety of contexts studied. Sensemaking processes inform the psychological contract and may explain contextual differences. This study examines the psychological contract components of promises, fulfillment and breach, with negative affectivity, in relation to employee-level outcomes in two related but different contexts. Surveys were completed by 162 hospital nurses and 218 aged care nurses, in a situation where many potential contextual moderators were held relatively constant. Both fulfillment and breach were significant and predicted multiple outcomes in each context. Similar patterns of results for fulfillment and breach suggests there may simultaneously be two forms of discrepancy mechanism underpinning the impacts of the psychological contract: assessment of continuous discrepancy (fulfillment) and assessment of discontinuous discrepancy (breach). Negative affectivity appears to have prevented relationships, particularly between breach and stress, and should be included in future psychological contract research. The consistent relationships of fulfillment and breach with organizational and occupational commitment highlights the importance of career management. The main differences by context were the negative effects of breach and the lack of an effect for promises for aged care nurses, possibly due to prestige and other differences to be investigated in future research.
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Bordia, Prashant, Simon Lloyd D. Restubog, Sarbari Bordia, and Robert L. Tang. "Breach Begets Breach: Trickle-Down Effects of Psychological Contract Breach on Customer Service." Journal of Management 36, no. 6 (July 30, 2010): 1578–607. http://dx.doi.org/10.1177/0149206310378366.
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Zawahreh, Dr Mohammed Muslim Al. "Civil Liability for Breach of Employment Contract." International Journal of Research Publication and Reviews 5, no. 7 (July 2024): 2559–65. http://dx.doi.org/10.55248/gengpi.5.0724.1817.
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Kanamugire, Jean Chrysostome. "Specific performance as a primary remedy in the South African law of contract." Corporate Board role duties and composition 11, no. 2 (2015): 65–72. http://dx.doi.org/10.22495/cbv11i2art5.
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Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services. However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party. Public policy generally favours the utmost freedom of contract and requires that parties should respect or honour their contractual obligations in commercial transactions. Public policy is rooted in the constitution and can sparingly be used to strike down contracts. Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract.
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Park, Jieun, Wonkung Oh, and MinSoo Kim. "The effects of Psychological Contract Breach on Organizational Citizenship Behavior." Korean Journal of Industrial and Organizational Psychology 25, no. 3 (August 31, 2012): 589–606. http://dx.doi.org/10.24230/kjiop.v25i3.589-606.
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This study examined that the role of dispositional affectivity in the relationship between psychological contract breach and organizational citizenship behavior (OCB). Based on data from 318 employees, we found that when the levels of promised and delivered inducements of psychological contract breach are equal, employees’ OCB increases the absolute levels of two types of inducements increase. Furthermore, we found that dispositional affectivity moderated the relationship between psychological contract breach and OCB. While positive affectivity strengthened the relationship between the delivered inducements of breach and OCB, negative affectivity moderated the relationship between the promised inducements of breach and OCB. These results contribute the psychological contract literature and employment relationship. Implications are discussed and directions for future research are provided.