Breach Of Contract Research Articles

JUDGE'S CONSIDERATIONS IN RESOLVING EXECUTION PARATE DISPUTES (CASE STUDY OF MA DECISION NUMBER 2553 K/Pdt/2016)

This research aims to examine the judge's considerations in resolving disputes regarding the execution of Supreme Court Decision Number 2553 k/pdt/2016. The research method uses a qualitative approach with a normative juridical research type and library data collection techniques regarding legal sources related to this research, then concluded with deductive analysis. The research results show that the source of law in the judge's consideration refers to statutory regulations, namely Article 6 UUHT which states that executions are carried out without the fiat of the Chief Justice. The decision also took into account the facts presented at the trial and decided that one of the parties had committed an act of breach of contract or breach of contract and that the actions taken by the creditor did not constitute an unlawful act. However, the judge's considerations in this decision did not refer to the general explanation of number 9 UUHT which explains that the execution of mortgage rights is based on the fiat of the Chief Justice. So that the implementation of the UUHT execution still contains confusion and vague diction which results in legal uncertainty.

Responsibilities and Roles of Nurses About Patient Health Confidentiality at Home Sick

Every National Development Efforts must based with outlook health in meaning development national must notice health society and is not quite enough answer party Good government or public. Violation law in implementation service health if happen can requested accountability law or in other words done enforcement law. All identified information regarding health status patient, condition medical, diagnosis, prognosis, and action medical and all other information of that nature personal, must guarded confidentiality by someone nurses, even after death. Research result show that form Legal Responsibilities of Nurses Must Save Patient Health Secrets, consisting of on not quite enough answer related administration with permission as nurse, bear it answer related civil law with default nor deed oppose law, as well not quite enough answer related crimes with violation fulfilling prohibitions element follow criminal. Factors that become obstacles and solutions not quite enough answer law nurse to confidential health patient, starting from action breach of contract committed by the nurse. That matter happen Because nurse negligent or not on purpose leak confidential health patient as well as nurse consider condition health patient is matter normal and not confidential. Consequence law for negligent nurse to must save confidential health patient will law oriented administrative, civil and criminal.

Psychological contract breach and mental health: the role of equity sensitivity and self-control

Purpose This study aims to extend the literature on psychological contracts, employee mental health, self-control and equity sensitivity among employees in Ghana. Design/methodology/approach Data for this study came from a sample of 484 employees from an organisation in the telecommunication sector of Ghana. The details of the study were discussed with employees after which they were given the choice to participate in the study. Findings The present study found that psychological contract breach is directly associated with mental health and indirectly related to mental health through equity sensitivity and self-control. Originality/value The findings suggest that psychological contracts are important aspects of the employment relationship that could be used to enhance employee mental health. Furthermore, enhancing employees’ self-control and resolving issues of individuals high on equity sensitivity are effective ways that organisations can deploy to sustain mental health in the face of psychological contract breaches.

Perlindungan Hukum Bagi Konsumen Dalam Transaksi Jual Beli-Online (E-Commerce)

Advances in technology and the internet have caused many negative things for the users. To do business and transaction on the internet need an understanding, seriousness and a desire. In an agreement, one of the parties/parties often has to face difficult conditions and, in the end, the agreed contact/agreement cannot work/be carried out as well as it should. The factors that cause difficult events can occur intentionally or unintentionally. 
 Breach of contract is a condition/situation that can be committed by one of the parties or parties in an agreement, that is, in general it can be described as that the contents of the agreement are not carried out properly and are not in accordance with what was agreed upon from the start. Plunging directly into the business of buying and selling online/transacting electronically (e-commerce) is an action that is rarely done but has become a lifestyle and trend in this modern era, but you must also be careful and pay attention to it. These include things that can later be called forms of Breach of contract.
 Default in online sales and purchase agreements has many forms and sometimes we experience it but are still not aware that this thing/event can be called an act of Breach of contract. For example: late payment, not making payment, sending goods but not according to what was agreed, sending goods but late, which will give rise to certain legal consequences.

A Study on the Compensation for Mental Damage in the Breach of Personhood Property Contracts

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.

Abusive supervisor triggers counterproductive work behaviors in nursing staff: role of psychological contract breach and Islamic work ethics

PurposeAbusive supervision (AS) provides insights into the darker aspects of leadership behavior and its effects on employees. Understanding and addressing AS can contribute to creating healthier work environments and promoting employee well-being. The effect of abusive leadership (AS) on counterproductive work behaviors (CWB) in nursing staff is examined through the theoretical lens of the social exchange theory.Design/methodology/approachData were collected from 302 nursing staff working at public and private hospitals through a self-administered questionnaire. Measurement scales were adapted from the literature and the data were tested for validity and reliability before performing hypotheses testing through structural equation modeling in SmartPLS 4.0.FindingsAS positively affects CWB, and psychological contract breach mediates this relationship. However, employees with high Islamic work ethics (IWE) are less concerned with supervisors' dysfunctional behaviors and pay less attention to them; thus, IWE buffers the effect of AS on CWBs.Originality/valueA positive and supportive organizational climate is crucial for attracting and retaining skilled healthcare professionals. When healthcare professionals are subjected to abusive behaviors, their ability to share knowledge, adopt safety protocols and provide the best patient care may be hampered. Therefore, addressing AS in hospitals is vital to promoting a positive work environment, enhancing employee well-being and improving patient care.

Exploring Fresh Insights in Psychological Contract Research

Extant literature in the psychological contract field has addressed the ramifications of psychological contract breach, much of the evidence is drawn from the West. Perspectives from the Global South are not represented in proportion. The emergence of China and India, etc. to global players signals the criticality of examining the psychological contract in socio-cultural spheres outside the West. The article's contribution is clarifying culture and contexts as critical in theorizing modern inclusive psychological contract, transcending the West. It is found that culture is a key determinant of the form and functioning of the psychological contract in the Global South where allegiance, kinship, social networks impact on the perception and acceptance of employment relations and working conditions, etc. This means that, in many developing country contexts (despite perceived exploitation of workers by global players), there is limited association between psychological contract breach and employee turnover or organizational performance because the ‘divine' helps manage post-psychological breach.

Work–family conflict and work engagement among construction professionals: role of psychological contract breach and gender

Purpose Work–family conflict (WFC) is rife among construction professionals, leading to a significant negative impact on their work engagement. Building on an extant body of research, this study provides nuanced insights into the link between WFC, work–life balance (WLB) and work engagement and identifies the boundary conditions of these relationships.Design/methodology/approachData were collected from 257 dyads of construction professionals and their immediate supervisors from a sample of five construction firms based in India using an online survey.FindingsThe results found that WLB mediates the relationship between WFC and work engagement, and the relationship is controlled by professionals' gender and perceptions of psychological contract breach (PCB). An important finding is that PCB accentuates the negative influence of WFC on work engagement via WLB. The study also reveals that the negative impact of WFC on WLB is stronger for women.Practical implicationsThe findings are relevant for construction firms since they are primarily dominated by men and continue to struggle to attract more women professionals. The study insights provide avenues to expand existing research on the relationship between WFC and work engagement and offer managerial implications for improving construction professionals' work engagement in the high-pressure context of the construction industry.Originality/valueThe study significantly advances the underdeveloped literature on work–family interface, especially in the unique work settings of the construction industry, by establishing WFC as a predictor and revealing how engagement at work is affected. It highlights the importance of boundary conditions such as gender and PCB. It is one of the first to assess the relationship between WFC, WLB, PCB and work engagement among construction professionals in India.

Doctor's Liability to Patient Due to Default in Therapeutic Agreement (Case Study of Ma RI Decision Number 2811 K/Pdt/2012)

The legal relationship that occurs between a doctor and a patient is called a Therapeutic Agreement/Transaction. Risks that can cause harm to patients can occur in even the smallest medical procedures. A doctor can be held liable if he has made a mistake or negligence and caused harm, although basically no doctor intentionally makes a mistake as happened in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012. The type of research used by the author is normative juridical, namely legal research carried out by examining library materials or often also referred to as library legal research. The results of the research carried out were obtained by the judge's consideration in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012 which was inaccurate, because according to the Supreme Court judge, the cassation respondent's actions were correct and did not violate any legal provisions. In fact, after a description of the facts in the series of events in this case, it was clearly found that the doctor and hospital had done things that violated the provisions of the Health Law, including violating the Medical Code of Ethics. The actions of the cassation respondent, especially doctor E and including doctor J as the recipient of the delegation, have been proven to be in breach of contract. This is because the actions of the two doctors violated the provisions of the Medical Practice Law, namely that the actions they took were not in accordance with standard procedures and violated the provisions of the law.

How Belonging to a Minority Group, Receiving a Hiring Decision and Getting Feedback on Test Results Affect the Intention to File a Complaint: The Mediating Role of Perceived Discrimination in Hiring

Objective indicators, such as minority hiring rates or number of complaints, often fail to fully represent actual discrimination in hiring processes, particularly against racial and ethnic minorities (McGonagle et al., 2016). Despite legal efforts in Quebec to increase employment of minorities, their ongoing underrepresentation points to the need to examine discrimination in terms of perceived experiences. In line with Anderson (2011), we investigated perceived discrimination in hiring (PDH), its predictors and its effect on the intention to file a discrimination complaint, rather than solely considering actual complaints. Using a quasi-experimental design, we simulated a fictitious hiring process with 361 students from French-speaking Canadian universities. First, we confirmed the three dimensions of the recently developed PDH scale: differential treatment; breach of psychological contract; and non-competency-based assessment (Haeck-Pelletier, 2022). Second, using structural equation modelling (SEM), we found mediation effects: PDH scores were higher across all dimensions when a candidate belonged to a minority group, received a negative hiring decision or did not receive feedback on test results. However, only differential treatment predicted a candidate’s intention to file a complaint. In addition to this first empirical test of Anderson’s model, the results suggest that organizations should address perceptions of unfair treatment due to minority group membership by identifying and modifying the practices that contribute to them. The eventual outcome would be a more representative workforce.

Corrective Justice and In Personam Rights: Reconsidering the Tort of Inducing Breach of Contract

Corrective Justice and In Personam Rights: Reconsidering the Tort of Inducing Breach of Contract

Modernizing Notice of Breach Rules to Preserve Contract Remedies

Recently, the legal community has scrutinized the capacity of mandatory arbitration rules to deter or foreclose claims for breach of contract. But little attention has been paid to express and constructive notice of breach rules that are just as effective at foreclosing contractual remedies. While four-year statutes of limitations are typically viewed as the default cutoff time for breach of contract claims, contracting parties, particularly buyers of goods, must act much sooner to preserve their legal remedies. It is now common practice for sellers to require notice of breach within days or weeks of their performance as an express condition precedent to buyers’ right to a remedy. Even in the absence of express notice rules, state laws require that buyers provide notice to sellers within a reasonable timeframe when they discover, or should have discovered, the breach. Failure to provide proper notice bars all buyers’ remedies. In effect, failure to satisfy the technical requirement of notice routinely produces forfeiture of contract remedies for the buyer. Such a forfeiture is contrary to the foundational doctrinal promise of adequate remedies for breach, anti-forfeiture rules, and the substantial performance rule for constructive conditions. Judges adjudicating notice defenses rely on an antiquated legal framework, crafted more than a century ago in a vastly different commercial environment. When the notice requirement was codified in 1906, it impacted merchant buyers who contracted directly with sellers for specific goods. Caselaw shows that sellers raised a notice defense when they sued buyers for the contract price, and that buyers sought an offset to damages by arguing that sellers provided defective goods. In the early twentieth century, courts routinely granted the damages offset for breach of promise, even when notice was untimely. Now, notice issues often arise in adhesive transactions in which buyers contract with downstream sellers of mass-produced goods such as vehicles, food products, dietary supplements, drugs, and medical devices. Sellers are usually aware of the breach or face no repercussions from buyers’ failure to provide notice. Product testing, customer complaints, post-sale audits, lawsuits, regulatory policing, and warranty software or warranty claims often give sellers actual notice of their defective performances. Yet judges continue to insist on individualized and particularized notice from each buyer. Judges theorize that sellers will be robbed of their legal rights to cure or settle claims, prepare defenses, or know their terminal point of liability, even though sellers’ curative or defensive interests are unimpaired. This judicial insistence on notice in the current commercial environment ignores how sellers and buyers respond to breach events. It also incentivizes sellers to fabricate and market defective products because only a small percentage of buyers will complain, and even fewer will satisfy the notice rule. This Article proposes that judges adjudicate notice defenses within the broader framework of the parties’ agreement, contract doctrine, and new commercial realities. Specifically, it proposes that judges require sellers to prove material harm when they seek to forfeit buyers’ substantive remedies on technical notice-failure grounds. This new standard would provide uniformity in the law and replace the ad hoc exceptions judges have used to avoid the harsh effects of pre-suit notice. A notice-prejudice requirement would also encourage sellers to create better products and honor the warranties they provide when marketing their goods.

Sexual harassment and psychological distress experienced by women police: The role of embitterment and psychological contract breach

Abstract Despite decades of workplace interventions, often focussed on increasing women police numbers, women continue to be under-represented in policing. Understanding the experiences of women once they have entered policing has been an area of ongoing interest. Examination of the experiences of women police is often undertaken with reference to its masculinized culture. Stemming from these discussions, sexual harassment remains a persistent concern across many police agencies. This study involves 491 women police employed in one large Australian, state police organization. Derived from the study findings, the concepts of psychological contract breach (PCB) and embitterment, two factors that have been rarely studied in policing, are critical to understanding the relationship between sexual harassment and psychological distress. Using mediated regression analysis, the research found PCB and embitterment provide a more nuanced explanation of outcomes of sexual harassment experiences and in turn, provided insight into why sexual harassment is associated with greater psychological distress. This research positions police agencies and their leaders to develop and implement more effective support strategies for women police who have experienced sexual harassment and mitigate negative psychological health impacts that may result.

The Relationship Between Job Insecurity and Psychological Contract Breach as Conditional Upon Causal Attributions: A Within-Person Approach

The Relationship Between Job Insecurity and Psychological Contract Breach as Conditional Upon Causal Attributions: A Within-Person Approach

추완청구권과 민법 개정

This paper dealt with the issue how we should incorporate the Right to Cure, a remedial relief for the obligee in the case of an non-conforming (defective) performance, into the Korean Civil Code. The contents of this paper could be summarised as follows. First of all, as the Right to Cure is an instrument that could enforce 'pacta sunt servanda', a key principle in contract law, while striking a balance between an obligor's interests and an obligee's interests, its codification is necessary. This is especially clear after a comparative study: Gem血1y and Japan codified the Right to Cure in the amendments of their Civil Codes; international model laws (CISG, PICC, PECL, DEFR), too, have codified the Right to Cure. Secondly, the Right to Cure should be included in the General Provisions of the Law of Obligations since it is applicable to all types of contracts specified in the Particular Provisions of the Law of Obligations and since the Right to Cure is a typical and general remedy for a breach of contract. However, in doing so, 'disproportionality' ought to be stipulated as a cause for limiting a Right to Cure, there should be a short limitation period, and it must be clear that the obligor bears the cost of Cure. Thirdly, there is a need to specifically codify the Right to Cure into clauses related to
 Warranty for Defects, a classic example whereby non-conforming (defective) performance is an issue. If such codification were to take place, whether we should recognize a choice - to the seller - regarding the means of Cure will be an issue. However, since the non-conforming (defective) performance is attributable to the seller himself or herself, there is no need to recognize the right of a choice regarding the means of cure for the seller. Furthermore, whether a buyer could claim a Compensation of Damages in lieu of a Cure without exercising the Right to Cure is also an issue. Here, it ought to be codified that the buyer should first offer the seller an additional period for Cure, only after which the buyer could claim a Compensation of Damages in lieu of the Cure considering the rationale of a Right to Cure and that of Section 395 of the Korean Civil Code. This Priority of Cure must be enforced even in the case of a buyer resorting to the Right to Price Reduction or to termination of the contract. As the obligor's interests with regard to Cure will be protected by the aforementioned doctrine of Priority of Cure, there is no need to separately codify an obligor's Option to Cure into the Civil Code.

Spotlight on COVID-19: Analysis of the “Impediment” under CISG Article 79 and Suggestions for China

Under the influence of global public health events such as COVID-19, the social and economic order has been damaged, and the possibility of the buyer and seller to default on the international contract has increased. Although with the exemption provisions in article 79 in the United Nations convention on international sales contract, the clause is often applicable to the materialization of the war and strike. In the face of economic impediment, there are still a larger dispute, and based on the official ambiguity of impediment in article 79, countries tend to agree to the domestic concepts. In this paper, the impediment has been compared with hardship and Force majeure, and the two laws systems have been conducted to compare whether COVID-19 can be identified as an impediment from the two aspects of exemption time standards and third-party default. This paper also attempts to make suggestions to the courts of China from the application of the law, the review of the intention and statement of the application of article CISG79, and how to identify the breach of contract caused by Covid-19.

Modeling the Shadow Economy. Why Does the Bulgarian Carry out Undeclared Employment?

The shadow economy is a complex phenomenon that impacts all aspects of one country’s economic system. One theory explaining the emergence of the shadow economy holds that it results from the breach of the civil contract and serves as the individual’s response to the inefficiency of the state’s institutions. On its part the shadow economy has a negative impact on the state budget and is able to distort basic indicators such as growth, unemployment, real GDP. That’s why it is important for policy makers to know what the reasons for such behavior are. Using information from a survey of people in all areas of Bulgaria, conducted in early 2020, this article explores the primary causes of Bulgarians’ participation in shadow economic activities, specifically in undeclared labor. Via linear and afterwards probit binary regression the article ascertains each respondent’s inclination to participate in set activities based on their responses to a question asking why they believe some persons in their sector of employment opt to get some of their payment “in hand.” The findings are in favor of authorities and managers, because knowing the main drivers of the shadow economy, they can take measures aimed directly at the causes of such behavior.

Broken psychological contracts in health and social care during COVID-19 among nursing professionals.

In this study we are interested about the reasons why nurses leave their occupation as a nurse and what is the role of the COVID-19 pandemic behind this decision. Our focus is in registered and auxiliary nurses working in all fields of health and social care. The research, which this abstract is based, investigates why nursing professionals are leaving their occupation and how the health care as working environment should be developed in order to secure enough enthusiastic professionals to the field. Theoretical background leans on the concept of psychological contract which we using to describe the relationship between employer and employee referring to an individual´s beliefs about the terms and conditions of a mutual exchange agreement.
 Psychological contract exchange is based on the perceptions of employee and employer rather than what is explicitly agreed and written down. The studies of the psychological contract have emphasized to breach of the contract meaning the situation where another contract party has failed to fulfill the expectations and obligations of the other party. Psychological contract breach cause dissatisfaction towards to work, impairs commitment to the organization and affects to the employee´s mental well-being and retention to work. In this study we examine situation where the psychological contracts breach has already led to leave work in health and social care. Explicit research question is: Why nurses leave their nursing position and how the COVID-19 has influenced to this decision?
 Our data consists of 36 stories wrote by registered and auxiliary nurses telling why they have left their nursing position and it was collected in Autumn 2021 via textual data collection tool “Penna” which is maintaining by Finnish Social Science Data Archive (FSD). Written request was intentionally very open and gave respondents freedom to describe their thoughts why they have left the nursing position. Altogether there were 310 stories but in here, we decided to concentrate to stories (n=36) where the COVID-19 was mentioned to be the final reason to leave the field. Based on preliminary findings, it seems that psychological contract was breached many ways during the COVID-19. For example, nurses were strongly disappointed how the work was organized during the crisis (leadership issues, working environment). They felt that their self-determination was broken especially considering the vaccination policy. In these stories, the writers emphasize the workload and lack of appreciation.
 This study highlighted that there were critical perspectives towards health and social care working conditions that the COVID-19 made even worse. This means that the was negativity and feeling of unappreciation and the COVID-19 somehow enabled to final decision. This is appearing as increase in workload and nurses were not able to have their normal and entitled vacations. Based on preliminary findings, it seems that psychological contract breached.
 Study indicates that we need to recognize the factors that are breaching the psychological contracts in order to develop and plan health and social care as well as nursing profession. This should be considered in all levels: individual, leadership and management as we

Kepastian Hukum Kreditur Preferen Dalam Upaya Parate Executie Perjanjian Fidusia Menurut Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

Fidusia comes from the word fides means belief. Juridically, the Fiduciary Giver has transferred his material rights to the Fiduciary Giver gives the Fiduciary Giver the right to control the fiduciary guarantee object. Based on UUJF, it has been regulated to the execution of the Fiduciary Guarantee Object if the giver of fiduciary fails to promise by the execution of the executorial title. Through the decision of the Constitutional Court Number 18/PUU-XVII/2019 that in order to carry out an execution if the debetor does not wish to voluntarily submit the Fidicuary Guarantee Object, it must be requested to the Chair of the Court and the determination of breach of contract must have an agreement between creditors and debtors or through legal remedies. Then questioned the legal certainty of preferred creditors in the efforts of the parate executie. This legal research is a normative legal research. The analytical method for this type of normative legal research is a prescriptive method using a statute approach and a case approach. This study aims to determine the legal certainty of preferred creditors in the efforts of parate executie of the fiduciary agreement based on UUJF and the legal consquences and judges’ considerations which are the basis for deciding the case application for the Constitutional Court Decision Number 18/PUU-XVII/2019. The result of the research conclude that legal certainty legal certainty has been stated in UUJF for creditors by executing Fidicuary Guarantee if the debtor fails the promise. The certainty is included in order to “Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa” means it has the same executorial power as court decision has obtained permanent legal force. However, in reality the execution process cannot be carried out automatically. so that the execution process becomes longer and it is quite difficult to achieve the executive parate. The Constitutional Court emphasizes on an agreement on when the breach of contract between creditors and debtors occurs so that creditors can carry out the parate executie. So that it is often used by the Fiduciary to take refuge in the interpretation of the Constitutional Court, which is actually the default clause agreed in the agreement.

EXPLORING THE RELATIONSHIP BETWEEN PSYCHOLOGICAL CONTRACT BREACH AND EMPLOYEE VOICE IN THE HOTEL INDUSTRY: AN EMPIRICAL STUDY

This study aims to investigate the role of psychological contract breach as a predictor of employee voice behavior. For this study, data was collected from employees working in A category hotels in Srinagar, Kashmir, India. The findings offer empirical evidence supporting the hypothesis that psychological contract breach (PCB) has a negative relationship with employee voice (EV). The finding is consistent with social exchange theory, suggesting that employees reactions are influenced by the treatment they receive from their organizations. The study contributes to the current body of literature on psychological contract breach and its impact on discretionary work behaviors. KEYWORDS: Psychological contract breach, Employee voice, Hotel industry, Structural equation Modelling