The modern role of the law of contract imposes a duty on the state to regulate the way individuals treat each other in the marketplace as part of fulfilling its social role. This thesis investigates the situation of contractual justice under Shariah and English law. It tests the extent to which contractual justice is protected under Shariah and English laws of contract. It indicates that the English law of contract is focused on the absolute sanctity of contract (in its classical form) and economic efficiency (in its modern form). On the other hand, the Shariah law of contract is governed by the general principle that gain comes only from labour and stresses the importance of the equivalence of counter-values. It reveals that while contractual justice under the English law of contract is procedurally oriented, it is substantively oriented under the Shariah law of contract. Additionally, the thesis also discusses the role of the law of consumer protection in pursuing contractual justice. While the consumer is protected under the English law by legislative control, the Shariah law of contract, which was the product of the seventh and eighth centuries, does not recognise the concept of the consumer. One would accordingly question the legitimacy of the action of protecting consumers in those states (take for example Saudi Arabia) that adopt Shariah as the law of the state. Most of the states, which adopt Shariah either alongside other normative systems or as the entire code, grant some kind of consumer protection measures within the law of contract. The thesis attempts to fill this gap by testing the viability of consumer protection derived from the Shariah law of contract. In doing so, attention is paid to the theoretical and practical aspects of the law. It is revealed that the Shariah law of contract is fit both from a theoretical and a practical perspective to serve the aims of consumer protection. The outcomes of the research should guide and enhance the legitimacy of consumer protection measures in Shariah-ruled countries.

Magister Legum - LLM / Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (pacta sunt servanda) and fairness. Y Mupangavanhu holds that ‘it is becoming axiomatic that sanctity of contract and fairness are competing values that need to be balanced by courts’. Differently put, Hutchison holds that: ‘The tension between these competing goals of contract law is quite evident…every time a court enforces an unreasonably harsh contractual provision, a price is paid in terms of the ordinary person’s sense of what justice requires; conversely every time a court allows a party to escape liability under what is thought to be a binding contract, a price is paid in terms of legal and commercial certainty’. Courts are often called upon to assess the abovementioned tension. South African courts have, however, shown reluctance in balancing the competing principles and have instead been opting to uphold the principle of sanctity of contract in the spirit of preserving certainty in the law of contract. Public policy, ubuntu and good faith are all mechanisms that are aimed at achieving fairness in contract law. The apparent preference of the courts to uphold the sanctity of contract above all else, falls short of achieving fairness and reasonableness. Public policy functions as an alternative doctrine of equity, fairness and good faith in contract law. As such, the idea is that a contract that is contrary to public policy is illegal and should not be enforced. Although there is no clear definition of public policy, B Mupangavanhu opines that the ‘doctrine of public policy, while difficult to comprehensively define, can be understood to refer to courts consideration of what is in the interest of society or community when interpreting contracts’. In other words, it represents the legal convictions of the community or the general sense of justice of the community and the values that are held most dear by the society.

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Past work in sports economics has examined evidence of how the incentives created by contract structure influence player performance, specifically looking at two types of behavior. The contract year phenomenon refers to an increase in production in the final year of a player’s contract. The shirking effect refers to a reduction in performance in the early years of long-term contracts. While previous studies have investigated these effects separately, they are interrelated and should be integrated into a common analysis. I begin by testing for evidence of each effect independently, using various performance measures. I then combine my test of these phenomena into a single examination. Separate analysis produces weak evidence of a contract year phenomenon and strong evidence of a shirking effect. However, in the combined analysis, the contract year phenomenon drops out while the shirking effect persists. This suggests that the contract year phenomenon does not exist, and that evidence of it found in some previous studies may actually be due to a failure to incorporate the shirking effect in the analysis.

MBA Professional Report / Approved for public release; distribution in unlimited. / The purpose of this research is to study the federal government's historical use of public-private partnerships (PPPs) and their view on the issue. Then we study recent applications (case studies) of innovative financing arrangements by Hannon Armstrong, LLC, an Annapolis, Maryland based financial services firm. The intention is to build upon previous Naval Postgraduate School research efforts is this subject; specifically, expanding upon the efforts of Professor San Miguel, Shank and Summers by investigating current examples of PPPs. First, we examine Hannon Armstrong's "fee for service contract" solution to the lack of appropriated capital funds needed for a vital fiber-optic link near the Arctic Circle. Then, we will explore the history of the Energy Saving Performance Contracts (ESPCs), which have been a useful tool in reducing the energy consumption throughout the federal government. Historically, this program has only been used for fixed assets. There is little debate over the success of these contracts in reducing energy consumption. The authors believe that applying Energy Saving Performance Contracts to mobile assets could further reduce the energy consumption of the Department of Defense (DoD) and save tax-payers millions of dollars.

Thesis (doctoral)--Universität Erlangen.

Habilitation - Universität, Regensburg, 2009. / Includes bibliographical references and register.

Thesis (M.B.A.)--University of Hong Kong, 1997.

Esta dissertação abordará alguns dos conceitos necessários para uma pré-compreensão sobre o contrato no direito brasileiro após a recepção da função social do contrato na cláusula geral do art. 421 do Código Civil. Serão confrontadas as idéias de tipicidade e individualidade no contrato, a partir do que se questionará a teoria empregada como base para a redação do artigo referido e a idéia de unidade do direito contratual brasileiro. / This paper aims at presenting some of the concepts necessary for a pre-comprehension regarding the contract in Brazilian law after the reception of the social function of the contract in general clause of 421 Article from the civil code. Vagueness doctrine and individuality will be confronted, from what will be questioned in the theory employed as basis for the writing of the 421 article from the civil code as well as the unity in Contract Law.