Thesis (M.S. in Management) Naval Postgraduate School, Dec. 2001. / Thesis advisors, Jeffrey R. Cuskey, David V. Lamm. "December 2001." Includes bibliographical references (p. 79-81). Also available in print.

Thesis (Ph. D.)--Ohio State University, 1987. / Includes vita. Includes bibliographical references (leaves 148-150). Available online via OhioLINK's ETD Center.

[No abstract submitted] / Arts, Faculty of / Philosophy, Department of / Graduate

In German law the contractual liability of the debtor requires an obligation, this is expressed within the German civil code which formulates 'an obligatory relationship'. For this reason, any fault (Verschulden) committed before or during the conclusion of a contract, can only be an unlawful act, in the circumstances of the law of delict. However certain problems in the law of delict arise, such as the enumeration principle, exculpatory proof, burden of proof and prescription times. These problems caused unsatisfactory results in special constellations since the German Civil Code (BGB) was enacted in 1900. Therefore, the courts and the legal writers i.n addition to the written code, and without consent or refusal by the legislator, developed the concept of 'culpa in contrahendo' as 'fault during the negotiations of a contract' (Verschulden bei Vertragsverhandlungen).

Includes bibliographical references / The thesis discusses the origin and development of anticipatory breach of contract in South African law leading up to the decision in Datacolor International (Pty) Ltd v Intamarket (Pty) Ltd 2001 (2) SA 284 (SCA) and the implications of this decision on the law. This decision is generally regarded as the culmination of the development of a 'new approach' to repudiation, as a form of anticipatory breach of contract, in South African law and this 'new approach' and other aspects of the decision will be discussed in detail. Drawing on Datacolor International (Pty) Ltd v Intamarket (Pty) Ltd and the decisions of Lord Diplock in English law the thesis proposes a model for anticipatory breach of contract that defines anticipatory breach of contract as conduct or circumstances that support a conclusion, with reasonable certainty, that a contracting party will fail to perform their primary obligations under the contract correctly and that such failure justifies affording the aggrieved party a right to cancel the contract. Anticipatory breach of contract will therefore always amount to a material breach of contract, where material breach of contract consists of a failure by a contracting party to perform her or his primary obligations correctly, or conduct which indicates with reasonable certainty that she or he will fail to perform their primary obligations correctly, which will substantially deprive the aggrieved party of the benefit of the contract. If, balancing the interests of the parties, it would be fair to afford the aggrieved party a right to cancel the contract this conduct will amount to a material breach of contract. Anticipatory breaches of contract are those material breaches which consist of conduct indicating that a failure will occur rather than consisting of the actual failure to perform a primary obligation. In addition to defining when the remedy of cancellation is available to an aggrieved party the thesis also proposes certain other modifications to the remedies available to an aggrieved party facing an anticipatory breach of contract including introducing into the South African law, as a remedy for an anticipated breach of contract, a 'request for an adequate assurance of performance' modelled on the remedy of the same name originating in the Uniform Commercial Code.

Diss.--Freie Universität Berlin. / Bibliography: p. viii-liv.

Employment relations literature is concerned with what is exchanged between the employer and the employee via an employment contract, a social contract or a psychological contract, with perceived mutual obligations (Rousseau, 1995; Capelli, 1999; Kalleberg, 2001). The psychological contract finds its foundation in the perceptions of the employee, that is, what the employee believe the employer has offered the employee in terms of their work relationship and the social contract refers to the expectations and obligations employers and employees have for their work and the employment relationship (Grahl, & Teague, 2009). The new employment contract differs from the old employment contract in that it is largely informal and even unwritten (Gilbert, 1996). This is in line with the new trend of business management as used by people-driven world-class organisations with a globalised focus (Gilbert, 1996). A research need exists to examine the potentially different or redundant effects of promises and expectations on the development of the obligations that are perceived to constitute the employment, the social and the psychological contracts (Martocchio, 2004; Shore, Tetrick, Taylor, Coyle-Shapiro, Liden, McLean-Parks, et al. 2004). The primary objective of this research is to investigate the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit. This study is submitted in article form. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability of the research. Validity, Pearson product moment correlation coefficients as well as regression analysis were utilised to examine the relationship between the constructs employed in this research. The Employment Contract Scale (ECS) was also utilised as a research instrument, as the questionnaire-method proves to be largely reliable. Reliability analysis confirmed sufficient internal consistency of the subscales. The observed correlations were found to be comparable with the values reported in previous research by Edward and Karau (2007). By using multiple regression analysis, it was established that by investigating the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit (the primary objective of this research) that job satisfaction and intention to quit predicted the social contract and that job satisfaction and life satisfaction predicted the psychological contract. No relationship however exists between employability, intention to quit and the psychological contract. Recommendations are advanced for future research. / MA (Labour Relations Management) ,North-West University, Vaal Triangle Campus, 2013

Assignment of Contract The purpose of this master's thesis is to analyze the assignability of contracts under Czech law in the light of comparative, historical and theoretical aspects of this phenomenon. Relevance of this subject matter was recently highlighted by adoption of the new Czech Civil Code, which expressly authorizes this operation but leaves important issues open to interpretation. The thesis is composed of an introduction, two main parts and a conclusion. First two chapters of the first part deal with historical development of this legal concept. In the roman law, a contractual obligation was conceived as a "bond of law" (iuris vinculum), which implied a strictly personal nature of this relationship. However, this view started to change as soon as the roman economy shifted from agriculture towards trade and business, resulting in assignability of a contractual right. In the codification era of the 19th century, the concept of a delegation of contractual duty came in, establishing a theoretical foundation for the assignment of contract as such. The third chapter moves our attention to the modern times, focusing primarily on the assignement of contract in various European countries, United States and Japan. The emphasis is put on the theoretical discussions this legal concept has seen in...

Employment relations literature is concerned with what is exchanged between the employer and the employee via an employment contract, a social contract or a psychological contract, with perceived mutual obligations (Rousseau, 1995; Capelli, 1999; Kalleberg, 2001). The psychological contract finds its foundation in the perceptions of the employee, that is, what the employee believe the employer has offered the employee in terms of their work relationship and the social contract refers to the expectations and obligations employers and employees have for their work and the employment relationship (Grahl, & Teague, 2009). The new employment contract differs from the old employment contract in that it is largely informal and even unwritten (Gilbert, 1996). This is in line with the new trend of business management as used by people-driven world-class organisations with a globalised focus (Gilbert, 1996). A research need exists to examine the potentially different or redundant effects of promises and expectations on the development of the obligations that are perceived to constitute the employment, the social and the psychological contracts (Martocchio, 2004; Shore, Tetrick, Taylor, Coyle-Shapiro, Liden, McLean-Parks, et al. 2004). The primary objective of this research is to investigate the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit. This study is submitted in article form. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability of the research. Validity, Pearson product moment correlation coefficients as well as regression analysis were utilised to examine the relationship between the constructs employed in this research. The Employment Contract Scale (ECS) was also utilised as a research instrument, as the questionnaire-method proves to be largely reliable. Reliability analysis confirmed sufficient internal consistency of the subscales. The observed correlations were found to be comparable with the values reported in previous research by Edward and Karau (2007). By using multiple regression analysis, it was established that by investigating the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit (the primary objective of this research) that job satisfaction and intention to quit predicted the social contract and that job satisfaction and life satisfaction predicted the psychological contract. No relationship however exists between employability, intention to quit and the psychological contract. Recommendations are advanced for future research. / MA (Labour Relations Management) ,North-West University, Vaal Triangle Campus, 2013

The labor costs and risk of law of industrial disputes in China will groundswell with the Labor Contract Law of the PRC which has been enforced on January 1st, 2008. After enforcing the law, the increasing costs such as severance pay, financial compensation fee, the earnest of staffing placement will be estimated; at present, the Taiwanese businessmen in Shanghai had estimated the labor costs of each employee will increase 50%. However, the invisible costs, impeding management, such as the employer¡¦s command will be negotiated from only hold in employers becomes on equal terms with employees, the employers perhaps turn to relative press, even operate the working time, time off arrangement, insurance and so on. All of these will increase difficulties on human resource management. The research attempts to analyze the Labor Contract Law of the PRC, evaluates strategies of legislation from reflecting background of draft to processing of adoption, and compares differences between the new and old Labor Contract Law of the PRC, especially the Taiwanese businessmen common usage logic of Labor Law to treat the relationship between employers and employees, all of these questions should be in new evaluation standards by legislation of the Labor Contract Law of the PRC. The research collected books, articles, literatures and practical opinions in recently years to compare and analyze the Labor Contract Law of the PRC, Labor Contract Law of R.O.C and Labor Contract Law in each Country. Otherwise, analyzing three traditional industries by ¡§Analytic Hierarchy Process¡¨ and the Pearl River Delta in Dongguan as an object practically to interview the directors of Taiwanese businessmen in department of human resource arrangement and realizes their opinions and defenses after executing the Labor Contract Law of the PRC. The results of research shows after executing the new Labor Contract Law, not only makes sure the setting procedure of the Collective Contract and emphasizes the efficacy of the Collective Contract and relationship with Labor Contract Law, but also firstly provides regulation for the regional and industrial Collective Contract and exclusively Collective Contract in Law. The regulation asserts and completes the Collective Contract system, and be more important consorting with relationship between employers and employees. It is the front burner that department of human resource arrangement should re-inspect whether the Labor Contract Law legal or not to avoid suddenly complication and compensation.