A party dissatisfied with the contractual performance of a counterparty is typically able to pursue a variety of legal recourses. Within this apparent variety lurk two fundamental alternatives. The aggrieved party may (i) “affirm” the contract and seek money damages or specific performance; or (ii) “disaffirm” the contract with the remedy of rescission and restitution. This simple dichotomy of ...

What is the importance of specific control and contractual mechanisms for IT outsourcing relationship quality and outsourcing success? Employing a survey among financial institutions and applying Importance-Performance Analysis (IPA) known from marketing research, we analyse the relative importance of Service Level Agreements, control and contractual mechanisms for relationship quality and outs...

Low- and middle-income countries are striving towards universal health coverage in a variety of ways. Achieving this goal requires the participation of both public and the private sector providers. The study sought to assess existing capacity for independent general practitioner contracting in primary care, the reasons for the low uptake of government national contract and the expectations of g...

Acknowledgements V List of abbreviations XIX Chapter 1 Introduction 1 1 Position of the problem issue: the role of law in Information Technology 1 2 Causes and effects of inequality of bargaining powers and imbalance in contracts 3 2.1 Introduction 3 2.2 Generality of the phenomenon of inequality of bargaining powers in contracts 4 2.3 Generality of the dichotomy between specialists and laymen ...

The aim of this research is to provide insights into the interplay between contractual and relational governance in IT outsourcing arrangements. Current IT outsourcing literature has predominantly viewed the contract as a governance mechanism that establishes a framework for the supplier-client relationship, monitors behaviours and measures performance. Our study departs from this high level vi...

We study a research site wherein technology and governance capabilities are loosely coupled. This allows us to examine the main effect of governance capability on contract structure. Furthermore, we focus on the tacitness of the invention to argue that it not only predicts contract structure but also moderates the relationships between invention or governance capability and contract structure. ...

This paper focuses on business-to-business contractual relationship in the context of second-generation contract management solutions. In particular, it describes the contract framework developed at HPLabs Bristol, UK. The presented solution is based on the concept of electronic contract, which represents a machine interpretable model for contracts. The contract framework has been designed with...

This paper focuses on business-to-business contractual relationship in the context of second-generation contract management solutions. In particular, it describes the contract framework developed at HPLabs Bristol, UK. The presented solution is based on the concept of electronic contract, which represents a machine interpretable model for contracts. The contract framework has been designed with...

This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of correc...

Contracts within governance classes, e.g. alliances or supply chain contracts, display a great degree of variation in contractual design. Different propositions have been advanced on the influence of repeated interactions on contractual complexity. In this paper, we explore the alignment between provisions in functional classes and the underlying transaction attributes. The transaction cost imp...