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Relational Contract
A relational contract is a contract whose effect is based upon a relationship of Trust (social science), trust between the parties. The explicit terms of a relational contract are an outline, while implicit terms and understandings determine the behaviour of the parties. Relational contract theory was originally developed in the United States by the legal scholars Ian Roderick Macneil and Stewart Macaulay. Richard Austen-Baker has more recently proposed a developed version of relational contract theory, called "comprehensive contract theory." Ian Roderick Macneil's Original Theory Relational contract theory was originally developed in the United States by the legal scholars Ian Roderick Macneil and Stewart Macaulay. According to Macneil, the theory offered a response to the so-called "The Death of Contract" school’s nihilistic argument that a contract was not a fit subject for study as a whole; each different type of contract (e.g., sales, employment, negotiable instruments) cou ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Industrial Law Journal
The ''Industrial Law Journal'' is a legal journal which publishes articles in the field of labour and employment law, published quarterly by the Industrial Law Society in the United Kingdom, and founded in 1971. The journal publishes articles on topics relating to employment law in the European Community and Commonwealth of Nations The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ..., although its coverage is not exclusive to these jurisdictions. The journal has carried articles on transnational labour law, legal issues concerning immigrant domestic workers, freedom of speech in the workplace, globalization, work–life balance, and more. The journal also features reviews of new government documents relevant to employment law, and book reviews. The journal targets an audience o ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high-value and high-importance Civil law (common law), civil law (non-Criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to a ...
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Engineering
Engineering is the practice of using natural science, mathematics, and the engineering design process to Problem solving#Engineering, solve problems within technology, increase efficiency and productivity, and improve Systems engineering, systems. Modern engineering comprises many subfields which include designing and improving infrastructure, machinery, vehicles, electronics, Materials engineering, materials, and energy systems. The Academic discipline, discipline of engineering encompasses a broad range of more Academic specialization, specialized fields of engineering, each with a more specific emphasis for applications of applied mathematics, mathematics and applied science, science. See glossary of engineering. The word '':wikt:engineering, engineering'' is derived from the Latin . Definition The American Engineers' Council for Professional Development (the predecessor of the Accreditation Board for Engineering and Technology aka ABET) has defined "engineering" as: ...
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Construction
Construction are processes involved in delivering buildings, infrastructure, industrial facilities, and associated activities through to the end of their life. It typically starts with planning, financing, and design that continues until the asset is built and ready for use. Construction also covers repairs and maintenance work, any works to expand, extend and improve the asset, and its eventual demolition, dismantling or wikt:decommission, decommissioning. The construction industry contributes significantly to many countries' gross domestic products (Gross domestic product, GDP). Global expenditure on construction activities was about $4 trillion in 2012. In 2022, expenditure on the construction industry exceeded $11 trillion a year, equivalent to about 13 percent of global Gross domestic product, GDP. This spending was forecasted to rise to around $14.8 trillion in 2030. The construction industry promotes economic development and brings many non-monetary benefits to many cou ...
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New Engineering Contract
The New Engineering Contract (NEC), or NEC Engineering and Construction Contract, is a formalised system created by the UK Institution of Civil Engineers that guides the drafting of documents on civil engineering, construction and maintenance projects for the purpose of obtaining tenders, awarding and administering contracts. NEC has become the default suite of contracts for public-sector works, services and supplies in the United Kingdom and Hong Kong. NEC contracts have also been successfully used in Australia, Ireland, the Netherlands, New Zealand, Peru, the Philippines, South Africa, UAE, and many more. They are also increasingly being used in the private sector. There have been four editions, the first in 1993, the second in 1995, the third in 2005 and the most recent in 2017. The NEC3 was launched in 2005 and it was amended in April 2013. The NEC Users' Group, with over 400 members worldwide, brings together organisations and individual users of the NEC contract suite to ex ...
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Governance
Governance is the overall complex system or framework of Process, processes, functions, structures, Social norm, rules, Law, laws and Norms (sociology), norms born out of the Interpersonal relationship, relationships, Social interaction, interactions, Power (social and political) , power dynamics and communication within an organized group of individuals. It sets the boundaries of acceptable conduct and practices of different actors of the group and controls their decision-making processes through the creation and enforcement of rules and guidelines. Furthermore, it also manages, allocates and mobilizes relevant resources and capacities of different members and sets the overall direction of the group in order to effectively address its specific collective needs, problems and challenges. The concept of governance can be applied to social, political or economic entities (groups of individuals engaged in some purposeful activity) such as a Country, state and its government (pub ...
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Kate Vitasek
Kate Vitasek (born September 19, 1968) is an American author and educator. She is a faculty member for Graduate and Executive Education at the University of Tennessee Haslam College of Business Her research focuses on the Vested outsourcing business model, sourcing business model theory, the relational contract, and collaborative win-win business relationships. Career Before joining University of Tennessee, she worked for P&G, Microsoft, Accenture, Stream International, and Modus Media Modus Media International. At University of Tennessee, Vitasek researches business models. In 2010, Vitasek and two researchers codified their findings on the Vested business model into a methodology to enable organizations to create highly collaborative relationships. Vitasek's work on the Vested business model led to what is known to as Sourcing Business Model theory. Many of Vitasek's books are about the Vested outsourcing collaborative win-win relationships. Vitasek has also done researc ...
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Oliver Hart (economist)
Sir Oliver Simon D'Arcy Hart (born October 9, 1948) is a British-American economist, currently the Lewis P. and Linda L. Geyser University Professor at Harvard University. Together with Bengt R. Holmström, he received the Nobel Memorial Prize in Economic Sciences in 2016. Biography Oliver Hart was born in Britain to Philip D'Arcy Hart, a medical researcher, and Ruth Meyer, a gynecologist. Both his parents were Jewish; his father was a member of the Montagu family; Oliver's great-grandfather was Samuel Montagu, 1st Baron Swaythling. Hart earned his B.A. in mathematics at King's College, Cambridge, in 1969 (where his contemporaries included the former Bank of England Governor Mervyn King), his M.A. in economics at the University of Warwick in 1972, and his Ph.D. in economics at Princeton University in 1974. He completed his doctoral dissertation, titled "Essays in the economics of uncertainty", under the supervision of Michael Rothschild. He was a lecturer in economics a ...
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University Of Tennessee
The University of Tennessee, Knoxville (or The University of Tennessee; UT; UT Knoxville; or colloquially UTK or Tennessee) is a Public university, public Land-grant university, land-grant research university in Knoxville, Tennessee, United States. Founded in 1794, two years before Tennessee became the 16th state, it is the flagship campus of the University of Tennessee system, with ten undergraduate colleges and eleven graduate colleges. It hosts more than 30,000 students from all 50 states and more than 100 foreign countries. It is Carnegie Classification of Institutions of Higher Education, classified among "R1: Doctoral Universities – Very high research activity". UT's ties to nearby Oak Ridge National Laboratory, established under UT President Andrew Holt and continued under the UT–Battelle partnership, allow for considerable research opportunities for faculty and students. Also affiliated with the university are the Howard H. Baker Jr. Center for Public Policy, the Un ...
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World Commerce & Contracting
Commercial management, also known as commercial administration, is overseeing and directing an organization’s functions and activities involved in the process of exchanging goods, services, or other valuable assets, as well as any revenue-generating and profit-driven activities; in order to create and sustain positive economic value, while effectively minimizing risks and costs. In other words, commercial management is "the identification and development of business opportunities and the profitable management of projects and contracts, from inception to completion". Institute of Commercial Management"What is Commercial Management?" Overview Commerce refers to the actions that involve the exchange of goods, services, or value between an entity and its customers, suppliers, or partners; with the aim of generating income and profit. Consequently, all activities of an organization that pertain to purchasing, selling, or generating revenue are classified as commercial activities, th ...
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