Contractual Agreement Design for Enforcing Honesty in Cloud Outsourcing

2012 ◽  
pp. 296-308 ◽  
Author(s):  
Robert Nix ◽  
Murat Kantarcioglu
Keyword(s):  
Contractual Agreement

scholarly journals MUSYARAKAH PADA HARTA BERSAMA

2021 ◽  
Vol 14 (2) ◽  
pp. 341-362
Author(s):  
Nadia Nadia ◽  
Noval Noval
Keyword(s):  
Interesting Topic ◽  
Marital Property ◽  
Joint Property ◽  
Contractual Agreement

The concept of marital property is still an interesting topic to discuss. Because there is still a disagreement between the concept of marital property to described by contemporary scholars through the approach of syirkah and the financial reality of today's family in Indonesia. This is because syirkah mufawadhah and syirkah 'abdan which explain is the type of syirkah 'uqūd that requires ijab-kabul and its provision for business. While in the context of marital property this concept is not achieved. Because the concept of marital property in Indonesia is more suitable towards the concept of syirkah amlak that does not require ijab-kabul and non-business. However, if want to conform to the concept of syirkah 'uqūd or syirkah business then there needs to be an improvement that must be preceded by a syirkah agreement or a contractual agreement on joint property either before marriage on premarital agreement or during marriage.

Rights and Responsibilities Are Substitutable Framings That Differentially Affect Judgment

2021 ◽  
pp. 194855062110467
Author(s):  
Allon Vishkin ◽  
Jeremy Ginges
Keyword(s):  
Experimental Manipulation ◽  
Contractual Agreement

Do employers have a responsibility to treat their workers equally or do employees have a right to be treated equally? In common discourse, rights and responsibilities are often used as substitutable framings for the same event, but they may differentially shape judgment. In this investigation, we develop an experimental manipulation of rights versus responsibilities and evaluate whether framing an arrangement between two parties in terms of rights, versus responsibilities, affects people’s judgment. We found that people judged unequal distributions between two parties as less fair when framed in terms of rights than in terms of responsibilities. Furthermore, people judged a rights framing as fairer for an unequal (vs. equal) contractual agreement. Thus, a subtle framing manipulation can increase or decrease people’s sensitivity to unequal distributions. We discuss potential mechanisms for this effect and implications for behavioral law as well as the potential to nudge people’s sensitivity to inequality.

The Untethering of Mediation from Relationships

2021 ◽  
pp. 111-115
Author(s):  
Nancy A. Welsh
Keyword(s):  
The Other ◽  
Customary Law ◽  
Human Relations ◽  
Social Ordering ◽  
Contractual Agreement

There is no doubt that Lon Fuller contributed mightily to the legitimization of mediation when he chose to identify it as one of six key processes for social ordering, or processes that “bring[] human relations into a workable and productive order” (p. 307). The other processes—legislation, adjudication, administrative direction, contractual agreement, and customary law—were (and are) much more likely to be identified as sources for rules of law....

8. Terms of a Contract

Business Law ◽  
2020 ◽  
pp. 175-200
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Legal Responsibility ◽  
Contractual Agreement

This chapter focuses on the terms or details of a contractual agreement, and considers the implications of what the parties intend to include in the agreement, what they did not mean to be included in the contract, and what significance different terms may have in the contract. It distinguishes between the terms of a contract and representations, and considers whether, when a term has been identified as such, it is a ‘condition’ or a ‘warranty’. The chapter then studies how terms are implied into the contract and how this affects terms that have been expressed. It concludes by examining how parties may seek to exclude or limit a legal responsibility through the incorporation of an exclusion clause.

8. Contractual Terms

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Legal Responsibility ◽  
Contractual Agreement

This chapter focuses on the terms or details of a contractual agreement, and considers the implications of what the parties intend to include in the agreement, what they did not mean to be included in the contract, and what significance different terms may have in the contract. It distinguishes between the terms of a contract and representations, and considers whether, when a term has been identified as such, it is a ‘condition’ or a ‘warranty’. The chapter then studies how terms are implied into the contract and how this affects terms that have been expressed. It concludes by examining how parties may seek to exclude or limit a legal responsibility through the incorporation of an exclusion clause.

NEW INSIGHTS INTO THE PAINTED CRUCIFIX ATTRIBUTED TO ANTONIO DE SALIBA, IN THE V&A MUSEUM, LONDON

2020 ◽  
pp. 1-32
Author(s):  
Charlene Vella
Keyword(s):  
Sixteenth Century ◽  
Small Town ◽  
North West ◽  
Documentary Sources ◽  
The North ◽  
Contractual Agreement

The V&A is home to a painted crucifix that has been attributed to the Sicilian master, Antonio de Saliba (c 1466/7–c 1535), who was active in Venice and eastern Sicily during the Renaissance. This paper takes a fresh look at the documentary sources that were published before the devastating earthquake that struck Messina, in the north west of Sicily, in 1908. In re-examining these sources, this paper reveals new insights into Antonio de Saliba’s oeuvre and enables a possible identification of the V&A’s painted crucifix with a specific contractual agreement that links this crucifix’s commission to the artist – specifically with a commission de Saliba received in 1508 from Limina, a small town in the province of Messina. The roots of this provincial commission would explain the persistence of a retardataire production visible in this early sixteenth-century painted crucifix. This paper also challenges the preconceived idea that such painted crucifixes were destined to be displayed high up in a church, on a tramezzo or beam.

Part II International Sales Governed by the UN Sale Convention 1980 (CISG), 11 Formation and Performance of the Contract

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
External Source ◽  
The Face ◽  
English Law ◽  
And Performance ◽  
Standard Terms ◽  
International Sales ◽  
Contractual Agreement

This chapter discusses the differences in the formation and performance of the contract between the Sale of Goods Act and the CISG. The differences between English law and the CISG are various. They include, first, rules in the CISG that have no counterpart in English sales law. They also include rules that on the face of it differ from their English equivalents, rules that appear to accord with English law but on closer inspection may depart from it, and rules in English law that are not to be found in the CISG. The chapter pays attention to the form in which the contractual agreement may be expressed, to the incorporation of standard terms in the contract by reference to an external source, to the question whether and to what extent all communications passing between the parties constitute part of the contract, and to the interpretation of the contract itself.

scholarly journals Analysis of Contracts to Build Energy Infrastructures to Optimize the OPEX

2020 ◽  
Vol 12 (17) ◽  
pp. 7232
Author(s):  
Jesus Javier Losada-Maseda ◽  
Laura Castro-Santos ◽  
Manuel Ángel Graña-López ◽  
Ana Isabel García-Diez ◽  
Almudena Filgueira-Vizoso
Keyword(s):  
Energy Sector ◽  
Maintenance Cost ◽  
Maintenance Costs ◽  
Execution Costs ◽  
Operation And Maintenance ◽  
Maximum Profit ◽  
Hydroelectric Plants ◽  
Operation And Maintenance Cost ◽  
Contractual Agreement ◽  
Energy Infrastructures

The employer (owner) of the project wants to obtain the maximum profit for the money invested and the consultant (contractor) will try to give less for that money. The regulation of their relationship is based on the contractual agreement, which in the energy sector is mainly based on the engineering, procurement, and construction (EPC) model. The objective of this work was to evaluate which factors should be included in the drafting of contracts, to minimize problems between the parties, and thus minimize execution costs and optimize operation and maintenance costs. Information and data on the integration of operability and maintainability criteria in contracts for 158 projects, with a total contract value of close to €40,000M, were analyzed. Several of those projects corresponded to wind, solar, and hydroelectric plants. The information collected the perception of the agents involved, and was classified according to the experience of the agents consulted in the operation and maintenance areas. Finally, the proposed criteria were prioritized. In general, the owner is willing to introduce these criteria in his contracts if they reduce the operation and maintenance cost by around 1–5%, while the contractor is interested in increasing his probability to be selected by 1–3%.

Religie en zingeving in een democratische samenleving. Van dominantie naar dialoog

2010 ◽  
Vol 64 (2) ◽  
pp. 161-171
Author(s):  
Gijs Dingemans
Keyword(s):  
Natural Law ◽  
Special Issue ◽  
World Views ◽  
The World ◽  
Contractual Agreement

In this response to the contributions in this special issue dedicated to his latest book In vredesnaam, Gijs Dingemans first indicates several major recent changes in the world views of western societies. Next, he indicates how the role of churches and religions has changed over the last 25 years, from ‘dominance’ to ‘dialogue’. Finally, he analyzes how a theological position that puts the concept of the covenant central stage can embark on a fruitful dialogue with our present-day society whose intellectual under-pinnings must be seen in theories of a contractual agreement of free individuals rather than in outdated theories of a natural law.

DEVELOPING FUZZY BAYESIAN GAME MODEL FOR OPTIMIZING NEGOTIATION PRICE

2014 ◽  
Vol 13 (04) ◽  
pp. 1450022
Author(s):  
SOU-SEN LEU ◽  
PHAM VU HONG SON ◽  
P. E. JUI-SHENG CHOU ◽  
PHAM THI HONG NHUNG
Keyword(s):  
Game Model ◽  
Bayesian Game ◽  
Negotiation Strategy ◽  
Factors Affecting ◽  
Price Negotiation ◽  
Comprehensive View ◽  
Proposed Model ◽  
Sequential Updating ◽  
Contractual Agreement

Construction procurement is a key business where price negotiation is commonly required to reach final contractual agreement. However, even simple negotiations often result in infeasible agreements. The uncertain and limited supplier information as well as complex correlations among various factors affecting supplier behaviors make the contractor difficult to decide the appropriate offer price (OP) and vice versa. This study proposes a novel Fuzzy Bayesian Game Model (FBGM) for improving the prediction effectiveness of negotiation behaviors. The performance of the proposed FBGM was evaluated in the case where an agent uses the counter-OP of an opponent to learn the negotiation strategy of the opponent. The validation analysis shows that the sequential updating process of FBGM significantly improves the estimation ability of negotiators. The proposed model also gives a comprehensive view of negotiation scenarios by considering all possible negotiation cases. Using FBGM, negotiators can apply flexible strategies to optimize their own profit with a reasonable negotiation time.

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