Michael Lobban
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0012
- Subject:
- Law, Legal History
This chapter shows that despite the pervasive language of freedom of contract in mid-19th-century England, consumers had little bargaining power over the terms of the contracts they entered into for ...
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This chapter shows that despite the pervasive language of freedom of contract in mid-19th-century England, consumers had little bargaining power over the terms of the contracts they entered into for goods or services. While there were some moves towards developing consumer protection, the common law developed its rules on the implied obligations of sellers and suppliers, largely in commercial contexts. The relative weakness of consumers is reflected in the fact that they were more likely to find themselves faced with claims that they were prevented by express terms in a standard form contract from recovering for contractual misperformance by a powerful adversary.Less
This chapter shows that despite the pervasive language of freedom of contract in mid-19th-century England, consumers had little bargaining power over the terms of the contracts they entered into for goods or services. While there were some moves towards developing consumer protection, the common law developed its rules on the implied obligations of sellers and suppliers, largely in commercial contexts. The relative weakness of consumers is reflected in the fact that they were more likely to find themselves faced with claims that they were prevented by express terms in a standard form contract from recovering for contractual misperformance by a powerful adversary.
Steven J. Burton
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195337495
- eISBN:
- 9780199868650
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337495.001.0001
- Subject:
- Law, Law of Obligations
This book examines the American law of contract interpretation in detail. Intended primarily for lawyers, judges, legal scholars, and law students, the book focuses attention on the elements of ...
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This book examines the American law of contract interpretation in detail. Intended primarily for lawyers, judges, legal scholars, and law students, the book focuses attention on the elements of contract interpretation — the evidentiary facts that are legally relevant when interpreting a contract. The book describes and analyzes how courts do and should perform three practical tasks in contract interpretation. First, courts identify the terms to be interpreted (under the parol evidence rule); second, courts decide whether a contract is relevantly ambiguous; third, fact-finders (judges or juries) resolve any ambiguities that appear. The book examines these issues through the lens of three theories that are supposed to tell us how to perform the three tasks to further the goals of contract interpretation. These theories are literalism, objectivism, and subjectivism. In the last chapter, the author makes a novel proposal, which he calls “objective contextual interpretation”.Less
This book examines the American law of contract interpretation in detail. Intended primarily for lawyers, judges, legal scholars, and law students, the book focuses attention on the elements of contract interpretation — the evidentiary facts that are legally relevant when interpreting a contract. The book describes and analyzes how courts do and should perform three practical tasks in contract interpretation. First, courts identify the terms to be interpreted (under the parol evidence rule); second, courts decide whether a contract is relevantly ambiguous; third, fact-finders (judges or juries) resolve any ambiguities that appear. The book examines these issues through the lens of three theories that are supposed to tell us how to perform the three tasks to further the goals of contract interpretation. These theories are literalism, objectivism, and subjectivism. In the last chapter, the author makes a novel proposal, which he calls “objective contextual interpretation”.
Alasdair Roberts
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195374988
- eISBN:
- 9780199776849
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374988.003.0007
- Subject:
- Political Science, American Politics
This chapter focuses on the infrastructure crisis faced by many countries throughout the era of liberalization. Many governments experimented with a new method of infrastructure development: the ...
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This chapter focuses on the infrastructure crisis faced by many countries throughout the era of liberalization. Many governments experimented with a new method of infrastructure development: the long-term infrastructure contract. A powerful commercial lobby pushed for its use, but this innovation proved just as problematic as many of the others promoted under the logic of discipline.Less
This chapter focuses on the infrastructure crisis faced by many countries throughout the era of liberalization. Many governments experimented with a new method of infrastructure development: the long-term infrastructure contract. A powerful commercial lobby pushed for its use, but this innovation proved just as problematic as many of the others promoted under the logic of discipline.
Steven J. Burton
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195337495
- eISBN:
- 9780199868650
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337495.003.0005
- Subject:
- Law, Law of Obligations
This chapter examines how fact-finders may resolve a relevant ambiguity in a contract lawfully, thereby giving a term or the contract a meaning. It considers the roles of judges and juries and the ...
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This chapter examines how fact-finders may resolve a relevant ambiguity in a contract lawfully, thereby giving a term or the contract a meaning. It considers the roles of judges and juries and the allowable elements of contract interpretation. It illustrates how to use the elements when presenting evidence or making interpretive arguments. The elements considered include a contract term's text and its context. The context, in turn, includes the contract document as a whole, the circumstances under which it was made, any relevant trade usages, any practical construction, a party's testimony about its intention, statements of intention during negotiations, the course of negotiations, and any prior course of dealing.Less
This chapter examines how fact-finders may resolve a relevant ambiguity in a contract lawfully, thereby giving a term or the contract a meaning. It considers the roles of judges and juries and the allowable elements of contract interpretation. It illustrates how to use the elements when presenting evidence or making interpretive arguments. The elements considered include a contract term's text and its context. The context, in turn, includes the contract document as a whole, the circumstances under which it was made, any relevant trade usages, any practical construction, a party's testimony about its intention, statements of intention during negotiations, the course of negotiations, and any prior course of dealing.
Nancy Kim
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199336975
- eISBN:
- 9780199356003
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199336975.001.0001
- Subject:
- Law, Company and Commercial Law
This book explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. It discusses court decisions ...
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This book explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. It discusses court decisions and provides summary critiques to go with these. In addition, it provides doctrinal solutions grounded in law and policy. It defines and distinguishes different types of contract terms. Finally, it includes actual wrap contract terms, flow charts, checklists, and other visual aids to explain legal concepts.Less
This book explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. It discusses court decisions and provides summary critiques to go with these. In addition, it provides doctrinal solutions grounded in law and policy. It defines and distinguishes different types of contract terms. Finally, it includes actual wrap contract terms, flow charts, checklists, and other visual aids to explain legal concepts.
Steven J. Burton
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195337495
- eISBN:
- 9780199868650
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337495.003.0006
- Subject:
- Law, Law of Obligations
This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which ...
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This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which theories should guide performance of each task. In brief, the chapter endorses the parol evidence and four corners rules for identifying a written contract's terms. It endorses objectivism for determining whether a contract term is ambiguous. It also endorses objectivism when a fact-finder resolves any ambiguity that appears. Together, the theory constitutes “objective contextual interpretation.” The chapter concludes with a brief defense of a pluralist theory of contracts, which is the kind of theory that underlies this book.Less
This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which theories should guide performance of each task. In brief, the chapter endorses the parol evidence and four corners rules for identifying a written contract's terms. It endorses objectivism for determining whether a contract term is ambiguous. It also endorses objectivism when a fact-finder resolves any ambiguity that appears. Together, the theory constitutes “objective contextual interpretation.” The chapter concludes with a brief defense of a pluralist theory of contracts, which is the kind of theory that underlies this book.
Mark R. Freedland and Nicola Kountouris
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199551750
- eISBN:
- 9780191731013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551750.003.0007
- Subject:
- Law, Employment Law
This chapter completes the analysis of the legal construction of employment relations as contracts by concentrating on the termination of employment contracts and on the principal transformations ...
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This chapter completes the analysis of the legal construction of employment relations as contracts by concentrating on the termination of employment contracts and on the principal transformations which they may undergo. It begins by showing how, in English law, there are two distinct systems of legal regulation of the termination of employment — one contractual and the other extra-contractual — which co-exist in a state of separation but inter-dependency. The next section of the chapter explores the ways in which European legal systems shape the duration and termination of employment contracts, particularly by reference to the conceptual and regulatory affinities between ‘fixed-term’ and ‘open ended’ contractual arrangements. The chapter then pursues further the idea of dis-integrated regulation of the termination of employment, taking English law as the extreme case of such duality. Finally, the concluding section articulates a composite notion of the transformations which may take place in employment contracts, focusing on how employment contracts may be transferred between employing entities.Less
This chapter completes the analysis of the legal construction of employment relations as contracts by concentrating on the termination of employment contracts and on the principal transformations which they may undergo. It begins by showing how, in English law, there are two distinct systems of legal regulation of the termination of employment — one contractual and the other extra-contractual — which co-exist in a state of separation but inter-dependency. The next section of the chapter explores the ways in which European legal systems shape the duration and termination of employment contracts, particularly by reference to the conceptual and regulatory affinities between ‘fixed-term’ and ‘open ended’ contractual arrangements. The chapter then pursues further the idea of dis-integrated regulation of the termination of employment, taking English law as the extreme case of such duality. Finally, the concluding section articulates a composite notion of the transformations which may take place in employment contracts, focusing on how employment contracts may be transferred between employing entities.
Ewan Mckendrick
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198265788
- eISBN:
- 9780191682964
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198265788.003.0012
- Subject:
- Law, Law of Obligations
This chapter suggests that there may be a great need for adjustment in long-term contracts but the parties often insert force majeure, hardship, and other clauses intended to deal with change of ...
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This chapter suggests that there may be a great need for adjustment in long-term contracts but the parties often insert force majeure, hardship, and other clauses intended to deal with change of circumstances. What is required is a liberal approach by the courts that will recognize the need for flexibility, and will permit the enforcement of such clauses, even though they may be drafted in vague, flexible terms.Less
This chapter suggests that there may be a great need for adjustment in long-term contracts but the parties often insert force majeure, hardship, and other clauses intended to deal with change of circumstances. What is required is a liberal approach by the courts that will recognize the need for flexibility, and will permit the enforcement of such clauses, even though they may be drafted in vague, flexible terms.
Peter Trepte
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780198267751
- eISBN:
- 9780191683350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198267751.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the application of the objectives of procurement regulation in the context of a domestic procurement system. It considers the ways in which the various objectives of procurement ...
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This chapter examines the application of the objectives of procurement regulation in the context of a domestic procurement system. It considers the ways in which the various objectives of procurement regulation have been or may be pursued by governments in their own territories. The investigation is intended merely to set out the general structure of a domestic system of regulation and, together with the previous discussion of the potential objectives which may be pursued by way of procurement regulation, assist (particularly) developing and transition economies to appreciate both the need for regulation and the way in which such needs may be met. This chapter also discusses the organisation of procurement, procurement procedures such as competitive bidding procedures, value thresholds, procurement methods, elements of the competitive process, awarding of contracts, consultancy services, and terms of contract.Less
This chapter examines the application of the objectives of procurement regulation in the context of a domestic procurement system. It considers the ways in which the various objectives of procurement regulation have been or may be pursued by governments in their own territories. The investigation is intended merely to set out the general structure of a domestic system of regulation and, together with the previous discussion of the potential objectives which may be pursued by way of procurement regulation, assist (particularly) developing and transition economies to appreciate both the need for regulation and the way in which such needs may be met. This chapter also discusses the organisation of procurement, procurement procedures such as competitive bidding procedures, value thresholds, procurement methods, elements of the competitive process, awarding of contracts, consultancy services, and terms of contract.
NEIL M. KAY
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780199242115
- eISBN:
- 9780191697005
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199242115.003.0003
- Subject:
- Business and Management, Strategy, Organization Studies
This chapter explores the nature of vertical integration. It also analyses the ability of transaction-cost economics to deal with vertical integration. The chapter begins by analysing the foundations ...
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This chapter explores the nature of vertical integration. It also analyses the ability of transaction-cost economics to deal with vertical integration. The chapter begins by analysing the foundations of transaction-cost economics. It then examines vertical integration in the petroleum industry and long-term contracts as a substitute for vertical integration. Finally, the chapter compares decision-making characteristics in markets and hierarchies.Less
This chapter explores the nature of vertical integration. It also analyses the ability of transaction-cost economics to deal with vertical integration. The chapter begins by analysing the foundations of transaction-cost economics. It then examines vertical integration in the petroleum industry and long-term contracts as a substitute for vertical integration. Finally, the chapter compares decision-making characteristics in markets and hierarchies.
MALCOLM CLARKE
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199273300
- eISBN:
- 9780191699672
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199273300.003.0005
- Subject:
- Law, Law of Obligations
For insurers, the role of the contract terms are, first, to mark the boundaries of cover in accordance with established categories of risk and thus with their data on past losses. Secondly, terms are ...
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For insurers, the role of the contract terms are, first, to mark the boundaries of cover in accordance with established categories of risk and thus with their data on past losses. Secondly, terms are aimed at better risk management on the part of the policyholder. Against ‘thieves that break through and steal’, for example, discounts are available to those policyholders who fit their vehicles with tracking devices or their premises with CCTV. Moreover, insurers may specify the kind of locks to be fitted on doors and windows; and, to encourage people actually to lock the doors and windows, theft cover may be conditional on forcible entry.Less
For insurers, the role of the contract terms are, first, to mark the boundaries of cover in accordance with established categories of risk and thus with their data on past losses. Secondly, terms are aimed at better risk management on the part of the policyholder. Against ‘thieves that break through and steal’, for example, discounts are available to those policyholders who fit their vehicles with tracking devices or their premises with CCTV. Moreover, insurers may specify the kind of locks to be fitted on doors and windows; and, to encourage people actually to lock the doors and windows, theft cover may be conditional on forcible entry.
Christian Gollier
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691148762
- eISBN:
- 9781400845408
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691148762.003.0009
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter makes adaptations to the canonical models of the term structure developed so far, to recognize inequalities as crucial features of our world, arguing that even abstracting from the ...
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This chapter makes adaptations to the canonical models of the term structure developed so far, to recognize inequalities as crucial features of our world, arguing that even abstracting from the heterogeneous allocation of costs and benefits, the existence of huge wealth inequalities between and within countries necessitates such an adaptation. Two models are considered. In the first model, inequalities in society are introduced in the model examined in Part I of this book. However, it is assumed that individuals in this unequal society are able to share risk efficiently, and that they can implement mutually beneficial long-term credit contracts. In the second model, these assumptions are relaxed.Less
This chapter makes adaptations to the canonical models of the term structure developed so far, to recognize inequalities as crucial features of our world, arguing that even abstracting from the heterogeneous allocation of costs and benefits, the existence of huge wealth inequalities between and within countries necessitates such an adaptation. Two models are considered. In the first model, inequalities in society are introduced in the model examined in Part I of this book. However, it is assumed that individuals in this unequal society are able to share risk efficiently, and that they can implement mutually beneficial long-term credit contracts. In the second model, these assumptions are relaxed.
Werner Eichhorst and Paul Marx
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199797899
- eISBN:
- 9780199933488
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199797899.003.0004
- Subject:
- Social Work, Social Policy
The chapter compares employment structures in five Continental European welfare states, with a focus on private services. Despite a common trend to overcome institutional employment barriers by ...
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The chapter compares employment structures in five Continental European welfare states, with a focus on private services. Despite a common trend to overcome institutional employment barriers by creating a more divided labor market, a closer look reveals considerable differences between national patterns of standard and non-standard work. We identify five transformative pathways towards a more flexible and cheaper use of labor in Continental European welfare states: 1. defection from permanent contracts, 2. from full-time employment, 3. from dependent employment, 4. growing wage dispersion, and 5. government-sponsored labor cost reductions. The chapter shows that by relying on one or several of these options, each country developed a distinct solution for the labor cost problem in the service sector, which corresponds to a particular form of dualization.Less
The chapter compares employment structures in five Continental European welfare states, with a focus on private services. Despite a common trend to overcome institutional employment barriers by creating a more divided labor market, a closer look reveals considerable differences between national patterns of standard and non-standard work. We identify five transformative pathways towards a more flexible and cheaper use of labor in Continental European welfare states: 1. defection from permanent contracts, 2. from full-time employment, 3. from dependent employment, 4. growing wage dispersion, and 5. government-sponsored labor cost reductions. The chapter shows that by relying on one or several of these options, each country developed a distinct solution for the labor cost problem in the service sector, which corresponds to a particular form of dualization.
MALCOLM CLARKE
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199273300
- eISBN:
- 9780191699672
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199273300.003.0007
- Subject:
- Law, Law of Obligations
The main issues in this chapter are whether insurance should be left entirely to the insurers, and insurance law to the lawyers. This chapter starts from the position that people should be free to ...
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The main issues in this chapter are whether insurance should be left entirely to the insurers, and insurance law to the lawyers. This chapter starts from the position that people should be free to contract insurance, like other services, as they wish, and that insurers should be free to write what terms they please. It asks whether, when, and how that freedom is, or should be, restrained. The main role of insurance in society is to spread risk and, if the risk materializes, to spread the resulting loss. Thus, the few who need it can be compensated from the contributions paid by the many who do not but might: people who are risk-averse and buy insurance can be assured that, if they were the ones in need, they too would be compensated.Less
The main issues in this chapter are whether insurance should be left entirely to the insurers, and insurance law to the lawyers. This chapter starts from the position that people should be free to contract insurance, like other services, as they wish, and that insurers should be free to write what terms they please. It asks whether, when, and how that freedom is, or should be, restrained. The main role of insurance in society is to spread risk and, if the risk materializes, to spread the resulting loss. Thus, the few who need it can be compensated from the contributions paid by the many who do not but might: people who are risk-averse and buy insurance can be assured that, if they were the ones in need, they too would be compensated.
- Published in print:
- 2006
- Published Online:
- June 2013
- ISBN:
- 9780804753982
- eISBN:
- 9780804768054
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804753982.003.0010
- Subject:
- Law, Legal History
Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a ...
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Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a cultural conflict over the individual subject and has centered on questions of how courts should supply missing contract terms, as well as what those missing terms should be. This chapter discusses the significance and effects of this debate by looking at the major attempts to deal with the problem in the scholarly literature, and also examines the relationship of the various scholarly discussions of incompleteness to the implied covenant of good faith. Furthermore, it considers the division of functions between interpretation and the determination of legal relations, or construction. Finally, the chapter comments on hypothetical bargain theory and default rules analysis.Less
Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a cultural conflict over the individual subject and has centered on questions of how courts should supply missing contract terms, as well as what those missing terms should be. This chapter discusses the significance and effects of this debate by looking at the major attempts to deal with the problem in the scholarly literature, and also examines the relationship of the various scholarly discussions of incompleteness to the implied covenant of good faith. Furthermore, it considers the division of functions between interpretation and the determination of legal relations, or construction. Finally, the chapter comments on hypothetical bargain theory and default rules analysis.
Karin Kurz
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9781861343321
- eISBN:
- 9781447303824
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861343321.003.0007
- Subject:
- Sociology, Gender and Sexuality
This chapter examines to what extent women and men in West and East Germany are effected by fixed-term contracts and the risk of unemployment at the beginning of their career. The focus of this ...
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This chapter examines to what extent women and men in West and East Germany are effected by fixed-term contracts and the risk of unemployment at the beginning of their career. The focus of this chapter is on those employment entrants, allowing careful observation of how gender inequalities develop from the start of the employment career. At this stage, family work is not yet important to most people. Hence, if gender differences can be found, these are not attributed to the family obligations of men and women. In addition to discussing the outcomes of gender inequalities, the chapter also examines whether the risk of precarious unemployment or unemployment and gender inequality are associated with factors such as education, occupational class, vocational training, ethnic origin and region. More generally, the chapter aims to know whether precarious jobs and unemployment become more or less likely for all labour market entrants. For this chapter, the data from the German Socio-Economic Panel (GSOEP) are used and referred to. The chapter also studies people who began employment between 1985 and 1998, with focus on the risk of starting on a fixed-term contract and on the risk of experiencing a subsequent period of unemployment.Less
This chapter examines to what extent women and men in West and East Germany are effected by fixed-term contracts and the risk of unemployment at the beginning of their career. The focus of this chapter is on those employment entrants, allowing careful observation of how gender inequalities develop from the start of the employment career. At this stage, family work is not yet important to most people. Hence, if gender differences can be found, these are not attributed to the family obligations of men and women. In addition to discussing the outcomes of gender inequalities, the chapter also examines whether the risk of precarious unemployment or unemployment and gender inequality are associated with factors such as education, occupational class, vocational training, ethnic origin and region. More generally, the chapter aims to know whether precarious jobs and unemployment become more or less likely for all labour market entrants. For this chapter, the data from the German Socio-Economic Panel (GSOEP) are used and referred to. The chapter also studies people who began employment between 1985 and 1998, with focus on the risk of starting on a fixed-term contract and on the risk of experiencing a subsequent period of unemployment.
Fabio Berton, Matteo Richiardi, and Stefano Sacchi
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9781847429070
- eISBN:
- 9781447307631
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847429070.003.0003
- Subject:
- Sociology, Occupations, Professions, and Work
This chapter outlines the evolution of labour flexibility policies in Italy, Germany, Spain and Japan. All four countries have introduced labour market reforms as a strategy to respond to high (or ...
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This chapter outlines the evolution of labour flexibility policies in Italy, Germany, Spain and Japan. All four countries have introduced labour market reforms as a strategy to respond to high (or what is perceived as high, for example, in Japan) unemployment rates and to accommodate productive necessities that could no longer be satisfied with existing instruments. In doing so, they generally sought to shelter the core workforce from regulatory changes, shifting the burden of functional adjustment on to mostly new entrants in the labour market.Less
This chapter outlines the evolution of labour flexibility policies in Italy, Germany, Spain and Japan. All four countries have introduced labour market reforms as a strategy to respond to high (or what is perceived as high, for example, in Japan) unemployment rates and to accommodate productive necessities that could no longer be satisfied with existing instruments. In doing so, they generally sought to shelter the core workforce from regulatory changes, shifting the burden of functional adjustment on to mostly new entrants in the labour market.
JOE THOMSON
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198299288
- eISBN:
- 9780191685651
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299288.003.0006
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This chapter aims to explore the extent of preparation the Scottish courts had in terms of facing and regulating agreements that were unfair. Important as it is, recent years have paved the ...
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This chapter aims to explore the extent of preparation the Scottish courts had in terms of facing and regulating agreements that were unfair. Important as it is, recent years have paved the introduction of legislative regimes which empower judges to evaluate and consider the substantive fairness of some of the existing terms in contracts. This chapter attempts to address whether there is a tradition of judicial scrutiny on contract terms in the law of Scotland. It begins with a discussion on the history of areas where judicial scrutiny existed. The final sections of this chapter are dedicated to the historical bases which determine whether the direct appeal to the courts to provide relief when contractual provisions are substantively unfair existed in Scots law.Less
This chapter aims to explore the extent of preparation the Scottish courts had in terms of facing and regulating agreements that were unfair. Important as it is, recent years have paved the introduction of legislative regimes which empower judges to evaluate and consider the substantive fairness of some of the existing terms in contracts. This chapter attempts to address whether there is a tradition of judicial scrutiny on contract terms in the law of Scotland. It begins with a discussion on the history of areas where judicial scrutiny existed. The final sections of this chapter are dedicated to the historical bases which determine whether the direct appeal to the courts to provide relief when contractual provisions are substantively unfair existed in Scots law.
Ashby Monk, Rajiv Sharma, and Duncan L. Sinclair
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781503601789
- eISBN:
- 9781503602755
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503601789.003.0003
- Subject:
- Economics and Finance, Financial Economics
Chapter 3 focuses on the re-intermediating aspect of the collaborative model, explaining the idea that institutional investors need to re-engage with their asset managers in order to obtain greater ...
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Chapter 3 focuses on the re-intermediating aspect of the collaborative model, explaining the idea that institutional investors need to re-engage with their asset managers in order to obtain greater alignment of interests. The chapter recognizes that asset managers can provide value to their investor clients under the right terms and conditions and seeks to understand what such a governance arrangement looks like. It draws inspiration from the sociology–informed relational contracting method, which emphasizes trust, mutual dependency, and cooperation over the long term as key norms of the contractual engagement. Relational contracting is thus proposed as an ideological form of governance between investors and investment managers, which is practically translated into more discrete mandates, greater responsibility for investors, greater transparency, and robust incentive structures. The chapter provides theoretical evidence for the importance of relational contacts and practical guidance for achieving them.Less
Chapter 3 focuses on the re-intermediating aspect of the collaborative model, explaining the idea that institutional investors need to re-engage with their asset managers in order to obtain greater alignment of interests. The chapter recognizes that asset managers can provide value to their investor clients under the right terms and conditions and seeks to understand what such a governance arrangement looks like. It draws inspiration from the sociology–informed relational contracting method, which emphasizes trust, mutual dependency, and cooperation over the long term as key norms of the contractual engagement. Relational contracting is thus proposed as an ideological form of governance between investors and investment managers, which is practically translated into more discrete mandates, greater responsibility for investors, greater transparency, and robust incentive structures. The chapter provides theoretical evidence for the importance of relational contacts and practical guidance for achieving them.
Kathleen Gutman
- Published in print:
- 2014
- Published Online:
- March 2015
- ISBN:
- 9780199698301
- eISBN:
- 9780191748882
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698301.003.0007
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Chapter 6 outlines the ongoing activities taking place in the debate about European contract law and their bearing on the constitutional dimensions of European contract law. These activities comprise ...
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Chapter 6 outlines the ongoing activities taking place in the debate about European contract law and their bearing on the constitutional dimensions of European contract law. These activities comprise three main components: the Common Frame of Reference (CFR) project, the Commission’s plans for the review of the consumer acquis leading to the adoption of the Consumer Rights Directive, and the possible enactment of one or more optional instruments of contract law and the promotion of EU model contract terms, which has recently reached a crucial culmination stage with the Commission’s proposal for a Regulation on a Common European Sales Law (proposed CESL).Less
Chapter 6 outlines the ongoing activities taking place in the debate about European contract law and their bearing on the constitutional dimensions of European contract law. These activities comprise three main components: the Common Frame of Reference (CFR) project, the Commission’s plans for the review of the consumer acquis leading to the adoption of the Consumer Rights Directive, and the possible enactment of one or more optional instruments of contract law and the promotion of EU model contract terms, which has recently reached a crucial culmination stage with the Commission’s proposal for a Regulation on a Common European Sales Law (proposed CESL).
