Breach Of Contract Research Articles

Opportunistic silence: ignited by psychological contract breach, instigated by hostile attribution bias

PurposeDrawing on social exchange literature, this study explores the mediating role of affective commitment between employees' assessments of contract breaches and opportunistic silence, along with the invigorating effect of hostile attribution bias.Design/methodology/approachWe tested the hypotheses using multi-wave data collected from employees working in higher education institutions in Pakistan.FindingsPerceived contract breaches elicit intentional, selfish and retaliatory motives of silence, largely because employees lack emotional attachments to their organization. This mechanism is more prominent among employees who tend to blame others and perceive them as antagonistic even when they are not.Practical implicationsFor human resource managers, this investigation highlights a crucial feature – affective commitment – by which employees' perceptions of psychological contract breaches facilitate opportunistic silence. Our results suggest that this process is more likely to intensify when employees have distorted thinking, motivating them to attribute the worst motives to their employer's actions.Social implicationsPerceived contract breaches within universities can have far-reaching societal consequences, affecting trust, reputation, economic stability, and the overall quality and accessibility of education and research. Addressing and preventing such breaches is essential to maintaining the positive societal role of universities.Originality/valueThis study provides novel insights into the process that underlies the connection between perceived contract breach and opportunistic silence by revealing the hitherto overlooked role of employees' hostile attribution bias, which renders them more susceptible to experiencing unfavorable forms of social exchange.

Temporal Proximity Matters: The Impact of Justice Information Timing on Psychological Contract Breach Resolution

Although scholars and practitioners argue that organizations should provide justice information in the aftermath of a psychological contract breach (PC breach) to prevent or reduce violation feelings, it remains unclear whether that information should be provided within a few hours, days, or weeks following a PC breach. We estimated a 2-level time-lagged regression model on experience sampling data from 76 (226 observations), 70 (213 observations), and 70 (344 observations) employees with different intervals to test the durability of informational justice as a moderator on the PC breach-violation feelings relationship. We found that justice information should be provided in close temporal proximity (i.e., within the same day; Study 1) of PC breach to reduce violation feelings. In contrast, neither justice information provided the day (Study 2) or week (Study 3) after a PC breach successfully moderated the PC breach-violation feelings relationship. The current paper underscores the importance of being informationally just in close temporal proximity to a PC breach in line with resolution velocity as an indicator of the effectiveness of the recovery process. We discuss theoretical and practical implications of these findings.

The straw that broke the nurse's back-Using psychological contract breach to understand why nurses leave.

To deepen our understanding of why nurses decide to leave their occupation instead of changing jobs, we examined the antecedents that led to this decision through the theoretical lens of psychological contract breach. A qualitative design with semi-structured interviews. We collected 28 interviewees from our social networks and a social media platform. We included professional nurses who had decided to leave or had left the occupation. We analysed our data with reflexive thematic analysis, thereby giving space for the interviewee voices to rise. We identified various experiences of dissonance between interviewee expectations and reality. The interviewees expressed unfulfilled expectations or psychological contract breaches in relation to their occupation on different levels and over extended time periods. The psychological contract breaches and decisions to leave the occupation were built up over time because of continuous disappointment and dissonance between expectations and reality. The frustration, dissonance and unfulfilled expectations were expressed towards the institution of nursing rather than a specific employer or organization. Unfulfilled expectations over a longer period might cause psychological contract breach, leading to turnover intentions. Our research brings novel insights into the psychological contract, as our findings indicate that the psychological contract can be formed and breached, also between the employee and the occupation. This means that turnover intentions might result in nurses leaving the profession rather than seeking work in new organizations. The study addresses the problem of nurse shortage by showing the root reasons for deciding to leave the occupation. Our findings show how psychological contract breaches over time erupt as turnover intentions regarding the occupation rather than a job. The results guide healthcare managers and decision-makers to recognize factors leading to a psychological contract breach, thereby enabling the retention of nurses. No patient or public contribution.

Penyelamatan dan Penyelesaian Kredit yang Bermasalah dalam Perjanjian Simpan Pinjam pada Koperasi (Berdasarkan Studi Putusan Nomor 15/Pdt.G/2023/Pn/Mgg)

The case of a simple claim for breach of contract in the Magelang court decision number 15/Pdt.G/2023/PN Mgg was caused by the claim that the peace deed he made was legally flawed and did not have binding legal force. In the process of granting credit, it is in accordance with the 5C credit granting procedure, especially regarding collateral or guarantees, but there is a legal defect in the collateral for mortgage rights whose ownership status is owned by deceased heirs. This research uses normative juridical research with descriptive analysis research methods. Analysis of the Magelang court decision Number 15/Pdt.G/2023/PN Mgg. The results of the research concluded that rescue and settlement of problematic credit was provided after it arose and was resolved in relation to the simple lawsuit decision in the Magelang Court case by filing a simple lawsuit because a simple lawsuit was filed in a case with a material claim value of a maximum of IDR 500 million, namely: breach of contract (default); and/or unlawful acts. In this case, the cooperative filed a lawsuit with the Magelang District Court to obtain a fair decision. Once it is declared rejected in its entirety, the debtor does not compensate for the loss of the lawsuit.

Development and Practice of Disgorgement for Breach of Contract in the US: The Feasibility of Applying it to Taiwan’s Civil Law Remedies

Development and Practice of Disgorgement for Breach of Contract in the US: The Feasibility of Applying it to Taiwan’s Civil Law Remedies

Understanding the linkage between abusive supervision and counterproductive work behavior: the role played by resilience and psychological contract breach

Understanding the linkage between abusive supervision and counterproductive work behavior: the role played by resilience and psychological contract breach

Psychological contract breaches, plans to quit, and destructive voice behavior: Catalytic effects of proactive personality

How and when might employees’ perceptions of psychological contract breaches escalate into destructive voice behavior? This study predicts a mediating role of plans to quit and a moderating role of a proactive personality in this connection. Cross-sectional survey data, collected among 227 employees who work in the Canadian retail sector, inform the tests of these predictions; the statistical analyses rely on the Process macro, which supports comprehensive assessments of the proposed moderated mediation framework. The results show that a critical reason that beliefs about broken organizational promises stimulate employees to criticize their organization is that they search for alternative employment. This mediating influence of quitting is particularly salient among employees who have a disposition toward action. The study accordingly points to a notable risk for employees who are upset with an organization that does not keep its side of the bargain: They consider quitting their jobs, which spurs them to undertake destructive activities that likely render it more challenging to convince their employer to fix the problem. This harmful dynamic is especially potent among proactive employees who like to take initiative.

Compensation in the Termination of Agreement Due to Breach of Contract

<em>In the execution of an agreement, there are cases where parties are unable to fulfil their rights and obligations as agreed, resulting in a breach of contract, known as "wanprestasi" in Indonesian law. Breach of contract can be a cause for terminating the agreement, as stipulated in Article 1266 of the Civil Code (Kitab Undang-Undang Hukum Perdata). The termination of an agreement due to a breach of contract has legal consequences, and the parties involved can claim their rights resulting from the cancellation, including the right to seek compensation for the losses suffered. This research aims to examine the compensation for the termination of an agreement due to a breach of contract. This research was a doctrinal law research based on a literature study. The approach method used in this research was the statute approach. In cases where an agreement is terminated due to breach of contract, the aggrieved party can file a claim for compensation, which includes costs (konsten), losses (schaden), and interest (interessen). However, the aggrieved party cannot claim compensation if the breach of contract occurred due to force majeure or unforeseen circumstances.</em>

Особенности договорной ответственности в исламском праве

The development of commercial relations with the countries of the Arab East requires a deeper understanding of the peculiarities of their legal system, including in terms of the implementation of civil liability measures. The article examines the features of the doctrine of Islamic law, notes various approaches to solving individual issues of liability for breach of contract due to the existence of various maskhabs, characterizes such forms of liability as daman and amana, analyzes the influence of various circumstances on determining the grounds and limits of liability, including force majeure. The practical implementation of these provisions is illustrated by references to the civil legislation of Egypt, Iran, Qatar and the UAE. The author comes to the conclusion that Islamic legislation reflects a rather peculiar perception of legal reality, which does not always coincide with the legal understanding inherent in the countries of the Romano-German or Anglo-American legal systems, although the approaches formed in it show general ideas about the grounds and limits of civil liability for violation of contractual obligations, as well as exemption from they are based on a deep understanding of the need to implement the principle of justice in civil legal relations.

Opportunistic Breach of Contract

Abstract Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We show that, even from a purely consequentialist perspective, disgorgement remedies may be normatively warranted, especially when involving sellers’ breach. Recent experimental evidence revealed that the preferences and reactions of ordinary people are in line with our evaluation of the effects of opportunistic breach.

A new tort of inducing a breach of trust?

Abstract This article considers whether a new tort of inducing a breach of trust would be a welcome development in English law. It is envisaged that any such new tort would inevitably have similar characteristics to the existing tort of inducing a breach of contract, namely, that the defendant: (1) acted with the requisite knowledge of the existence of a trust and (2) deliberately intended to interfere with the duties of the trustee. Actual knowledge would not be essential as it would be enough that the defendant turned a blind eye to the facts. The new tort would allow a claimant to pursue a third party where his/her wrongdoing consisted solely of threats or persuasion falling short of actual participation in, or the facilitation of, a breach of trust. Moreover, the tort would impose liability on the third party without proof of dishonesty provided that s/he had knowledge of the trust and the requisite intention to cause a breach. Apart from the remedy of damages, the claimant would have the advantage of seeking an injunction to restrain any threatened or future inducement. Aggravated damages could also be recovered in appropriate circumstances.

Tanggungjawab Pelaku Usaha Bagi Konsumen Terhadap Keamanan Pangan Dalam Prespektif Hukum Perlindungan Konsumen

Food safety in Indonesia is still far from safe, we often see food poisoning incidents that occur a lot nowadays. In general, this often results in consumers being in a weak and disadvantaged position, so there is a need for regulations that can bridge the interests of business actors and the interests of consumers without harming either party. Forms of responsibility of a business actor towards consumers in the legal order in Indonesia Civil liability based on legal events can be divided into two, namely: liability based on fault, namely liability that can arise due to breaches of contract or unlawful acts, whether caused by careless actions or intentional actions. Responsibility based on risk is the responsibility that must be borne by a business actor for his business activities which cause losses to consumers.

‘Take the Money and Run’: if there is copyright there is art (in Denmark)?

Abstract The case concerned copyright and breach of contract in a piece of performative art and the implications of aesthetic neutrality in copyright law for the evaluation of contemporary art.

Urgensi Perjanjian Perkawin dalam Upaya Suami atau Istri Tidak Terpenuhinya Kewajiban Atas Harta Bersama

The legal consequence of a marriage is that the wife's property becomes the husband's property, and vice versa, this is the beginning of what is called joint property. However, there are efforts to separate inherited assets between the husband's assets and the wife's assets. The Marriage Agreement between Mr. PAT and Mrs. P is about the husband's obligations and the wife's rights, such as when the marriage takes place, objects that are not in the husband's name become the property of the wife. The formulation of the problem that arises is whether the legal recourse if joint property objects which cannot be proven to be owned in the husband's name will become the property of the wife and what legal remedies can be taken if one party does not carry out its obligations in accordance with the contents of the agreement. The research method used is normative law by examining statutory regulations and the articles in the marriage agreement between Mr. PAT and Mrs. P which contain legal issues regarding joint property. The results of the research show that there are no regulations which stipulate that joint objects which cannot be proven to be in the name of the husband may not belong to the wife or his heirs, the Marriage Agreement is a halal cause and does not conflict with anything. The legal remedy if there is a violation of the marriage agreement is a lawsuit for breach of contract or you can file a lawsuit for divorce/talak in the District Court according to the contents of the marriage agreement.

Assessment Of Witness Testimonials As Evidence In Civil Cases

The purpose of this study is to investigate and explain the judge's judgment of witness testimony as evidence in the judge's decision. The study employed a normative legal research technique with primary legal sources. In accordance to the author, this judge's reasoning is incorrect due to the fact that there is an oral agreement between the plaintiff and the defendant, which is confirmed by testimony from witnesses and expert witnesses, it cannot be classified as a breach of contract because it does not meet the requirements set forth in Article 58 of the Indonesian Civil Code. The rules and regulations of Article 58 of the Indonesian Civil Code are coercive legal provisions (dwingend recht). Article 58 of the Indonesian Civil Code contains three conditions: 1. The vows of marriage must be registered in the civil registry; 2. Civil registration officials must declare the marriage plans on the notice board; and 3. Claims/lawsuits must be filed within 18 months of the marriage announcement. The judge's assessment that the defendant had broken his vow was incorrect. As a result, the participation of the witness in providing information in collaboration with other witnesses cannot be used to prove the marriage commitment.

The Use of Efficient Breach of Contracts in the Automotive Cluster of Querétaro, Mexico

Efficient breach is the idea that voluntarily breaching a contract could be economically advantageous for all the parties involved, as long as damages are paid to the non-breaching party. This vision is based on an economical perspective, but it fails to take into account other considerations within commercial relations. This article is the result of a research project in which interviews were performed to people involved in the automotive industry in the state of Querétaro, Mexico. The aim was to discover whether efficient breach is, in fact, used by merchants in the automotive cluster and the perspective that they have over this figure.

KEPASTIAN HUKUM AKTA PERJANJIAN KERJASAMA ANTARA PEMERITAH DKI JAKARTA DENGAN PIHAK PENGEMBANG TERKAIT PEMENUHAN KEWAJIBAN FASILITAS SOSIAL DAN FASILITAS UMUM YANG TELAH DISETUJUI DALAM SURAT IZIN PENUNJUKAN PENGGUNAAN TANAH (SIPPT).


 
 
 
 Legal certainty regarding the Deed of Cooperation Agreement between the Regional Government of DKI Jakarta and the Developer regarding providing social and public health obligations in the Land Use Designation Letter (SIPPT), has been regulated in the Civil Code and DKI Jakarta Regional Regulation Number 7 of 2002 concerning Public Infrastructure, Facilities and Utilities, but it has been implemented what happens is not fulfilling its obligations. The formulation of the problem in this research is how the authority of the Regional Government of DKI Jakarta is related to the non-fulfillment of social and social infrastructure obligations in the SIPPT by the floating party, and how is the legal certainty of the deed of cooperation agreement between the Regional Government of DKI Jakarta and the relevant Floating Party containing the social and public welfare obligations in the SIPPT. Legal theories used in this research: Authority Theory according to Bagir Manan and Legal Certainty Theory according to Gustav Radbruch. The method used in this research is a type of normative juridical research, namely legal library research or secondary data with primary, secondary and tertiary sources of legal materials. The research approaches used are the Legislative, Conceptual, Case and Analytical Approaches and techniques for collecting legal materials are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. The analysis technique for legal materials is carried out using Grammatical Interpretation and Systematic Interpretation. The results of this research indicate that the DKI Jakarta Government has the authority to collect, supervise, prohibit, complete maintenance, provide administrative sanctions and criminal sanctions for providing social and public health obligations to developers in accordance with DKI Jakarta Regional Regulation Number 7 of 2002 concerning Public Infrastructure, Facilities and Utilities. The commitment and professionalism of DKI Jakarta Regional Government officials to carry out their authority by providing strict sanctions to developers who do not carry out their obligations. Legal certainty regarding the deed of cooperation agreement between the DKI Jakarta Government and the Developer regarding social and public facilities obligations in accordance with the Land Use Designation Permit (SIPPT), has legal certainty in accordance with the Pacta Sunt Servanda Principle where the agreement is valid as law for the party making it. Changes to the agreement are possible as long as both parties agree to it in the form of an addendum to the agreement, however non-implementation of the agreement is a breach of contract which can be sued in court.
 
 
 

조달계약과 불공정 조달행위로 인한 부당이득 환수

For fairness of procurement the other party to the procurement contract is obligated not to falsely submit bidding-related documents, to directly produce, to indicate the country of origin, to comply with contract standards, and to keep the contract price equal to or lower than the market transaction price. Violations of these obligations are called unfair procurement practices. In case of unfair procurement practices, the other party may be subject to sanctions such as prohibition of participating in bidding. However, it is necessary for Public Procurement Service(‘PPS’) to redeem the profits obtained from the procurement contract, because it is not reasonable to allow the other party to hold the profits from the procurement contract despite unfair procurement practices.
 The PPS's special terms for the procurement contract include provisions that require profits to be redeemed if unfair procurement practices are recognized. Since the special terms are the contents of the procurement contract, the state and the other party have eventually made an agreement to return the profits obtained from the procurement contract in the event of unfair procurement practices. In accordance with these profit redemption clause, PPS has recovered the other party’s profits in cases of unfair procurement practices. However, as the court interpreted the profit redemption clause as damages for a breach of contract, it was difficult for PPS to redeem the profits if it fails to provide sufficient evidence to prove damages caused by unfair procurement practices.
 The legal nature of the redemption of profits due to unfair procurement practices should not be regarded as restitution for unjust enrichment or damages for a breach of contract under civil law. If the redemption of profits is the restitution of unjust enrichment under civil law or the damages for a breach of contract, the parties to a contract do not need to make an agreement for the redemption of profits, because even if there is no clause for redemption clause, it is possible to claim the restitution of unjust enrichment or damages for a breach of contract under the civil law. A penalty clause is made when it is difficult to prove or calculate the damages caused by the breach of contract. Although it is clear that the other party to the procurement contract benefits from unfair procurement practices, it is difficult to prove the damages caused by unfair procurement practices. A redemption clause should be regarded as a penalty clause for the difficulty of proving damages. If the redemption clause is regarded as the restitution of unjust enrichment or damages for the breach of contract, PPS is unable to redeem the profits because the profits of the other party does not correspond to damages of the state. In that case the other party is able to hold the profits of the procurement contract despite unfair procurement practices. In order to prevent these results, the legal nature of the redemption clause should be recognized as a penalty clause.
 Recently, “Government Procurement Act” has established a basis for the redemption of profits, and the PPS also claims the redemption clause as a penalty clause, and the court recognizes the right to claim the return of profits. Special terms for the procurement contract no longer use the expression of unjust enrichment and specify that the other party is required to pay the amount based on the calculation clause of penalties in the case of unfair procurement practices.
 It is now possible to claim that the legal nature of the redemption clause is a penalty clause through the revision of the Government Procurement Act and special terms for procurement contract, and changes in precedents. From now on the focus needs to be on the category of unfair procurement practices and an elaborate calculation of the profits of the other party who has caused unfair procurement practices.

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.