Formulas for Measuring Expectation Damages for Breach of a Contract to Provide Services

Author(s):  
Melvin A. Eisenberg

Chapter 15 concerns formulas for measuring expectation damages for contracts to provide services, including breaches by both service-purchasers and service-providers. In case of breach by service-purchasers one formula is based on the service-provider’s lost profit. Under an alternative formula the service-provider is entitled to the contract price minus the out-of-pocket costs remaining to be incurred by the service-provider at the time of breach. Although these two expressions look very different they are algebraically equivalent and yield the same amount of damages. In case of breach by the service-provider the core formulas for measuring damage to the service-purchaser involve either cost-of-completion or diminished-value damages.

2019 ◽  
Vol 56 (5) ◽  
pp. 842-861
Author(s):  
Irit Nitzan ◽  
Danit Ein-Gar

Many service providers offer supplementary products related to their ongoing services (e.g., fitness centers offer fitness smartwatches). In seven studies, the authors show that the payment method for such supplementary products (multiple payments vs. a single lump sum) affects customers’ tendency to defect from the provider’s core service over time. Specifically, when customers pay for add-ons in multiple payments—provided that (1) they perceive the add-on as being bundled with the core service and (2) the payment period has an end point—they are initially less likely to defect from the service provider than when they pay in a single payment. Over time, however, as payments are made, this gap closes, such that defection intentions under the two payment methods eventually become similar. The authors propose that this phenomenon reflects “commitment projection,” wherein a decrease in customers’ commitment to the add-on product over time is projected onto their commitment to the service provider. These findings carry important managerial implications, given that many service providers offer add-on products in multiple-payment plans and that customers’ defection decisions substantially affect firms’ profitability.


2021 ◽  
Vol 13 (9) ◽  
pp. 4740
Author(s):  
Ka Leung Lok ◽  
Albert So ◽  
Alex Opoku ◽  
Charles Chen

The Contingency Outsourcing Relationship (CORE) model originated from the Four Outsourcing Relationship Types (FORT) model; the CORE model is used in the globalized Facility Management (FM) industry, while the FORT model is originally used in the global information technology industry. The purpose of this paper is to thoroughly analyse the simulated case studies of the four different categories (i.e., in-house, technical expertise, commitment and common goals) of the CORE model from the perspective of the various clients. This study builds on the previous work on the outsourcing relationships between a client and a globalized FM service provider. It further explores the application of this model with the aid of artificial neural networks (ANNs) towards a sustainable future. A quantitative methodology through a survey is used to analyse eight outsourcing strategies for the four outsourcing relationships. A set of revised rules of the CORE is introduced and discussed regarding the approaches to investigate the four simulated outsourcing relationship systems. The study further reveals that an interesting understanding of the four outsourcing categories can be systematically and efficiently implemented into the FM outsourcing relationships through the methodology of scientific Artificial Intelligence (AI). It is concluded that FM outsourcing categorization may help to define the appropriate relationships. This further detailed outcome generated from the ANN can be clearly considered a strong and solid reference to define and explain the existing outsourcing relationships between the stakeholders and the service providers with the aim to assign an outsourcing category to the FM relationship between the client and service provider based on the learnt rules.


Author(s):  
Dohoon Kim

The enterprise intelligence through e-transformation is one of the cornerstones of the next-generation e-business era where the Internet constitutes the core business resource. Furthermore, the severe competitive landscape of e-business makes firms focus on their core capability and farm out staffing functions such as IT. Under this circumstance, enhancing intelligence and synergy through e-transformation will be accomplished by IT outsourcing via ASPs (application service providers). The ASP industry now provides an essential infrastructure for the Internet-based e-business transactions, thereby accelerating corporate e-transformation.


2019 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ka Leung Lok ◽  
Albert So ◽  
Alex Opoku ◽  
Haiyu Song

Purpose The Contingency Outsourcing Relationship (CORE) model originated from the Four Outsourcing Relationship Types (FORT) model and the CORE model is used in the globalized facility management (FM) industry while the FORT model is originally used in the global information technology industry. The purpose of this paper is to analyze the CORE model through the rankings of relationship between a client and a globalized FM service provider from the perspective of the FM service provider in one of the four categories (i.e. in-house, technical expertise, commitment and common goals) and the application of this model with the aid of artificial neural networks (ANNs). Design/methodology/approach A quantitative methodology using a survey is used to analyze the four types of outsourcing categories. First, the background theory and a set of rules of the CORE is introduced and discussed regarding the proper ways to identify the rankings collected from the survey. Findings The study reveals that an interesting understanding of the outsourcing categories can be systematically implemented into the FM outsourcing relationships through the methodology of scientific artificial intelligence. FM outsourcing categorization may help to define the appropriate relationship; as either not too aggressive or too passive. Originality/value The outcome generated from the ANN can be considered a strong and solid reference to assess and define the existing outsourcing relationships between the stakeholders and the service providers with the goal to assign an outsourcing category to the service provider based on the learnt rules.


2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Swati Ganeti ◽  
Rajat Agarwal ◽  
Murali Krishna Medudula ◽  
Mahim Sagar

Telecom industry is one of those industries which has changed dramatically during the past decade. With more and more players entering in this industry, competition is ever increasing. The war between these players is slowly shifting from the price to the augmentation. This paper aims at exploring such factors which influence a customers preference of one telecom service provider (TSP) over the other. It is a descriptive research where study has been conducted among the consumers of different telecom service providers (TSPs). By reviewing the existing literature in this domain, we explored different factors which affect the consumers decision to prefer one telecom service provider over the other. A consumer targeted questionnaire was designed where consumers were asked about the factors they consider (with their relative importance quantified using Likert scale), before buying a new network connection to know the relative importance of the various factors. Factor Analysis was performed to club various variables into distinct factors. Statistical techniques then helped in identifying the relative importance. From the Factor Loading matrix the following five factors were generated:- Overall service quality, Point of Purchase Differentiator, Promotion Measures, Tariff Plans and Size of the Network. Further study in the behavioural perceptions of consumer shows that the most important factor in influencing the customer buying behavior is Service Quality. The second most important factor is cost and various plans offered by the telecom service provider. Network connectivity was considered by almost all the respondents and consumers prefer the largest network player. The study also found that promotional measures dont influence the customers as expected.


Author(s):  
Melvin A. Eisenberg

Chapter 13 concerns the building blocks of formulas to measure expectation damages: replacement cost, market price, resale price, diminished value, and lost profits. Replacement-cost damages are based on the difference between the contract price and the actual or imputed cost of a replacement transaction. Resale-price damages are based on the difference between the contract price payable by a breaching buyer and the price the seller received on resale to a third party. Diminished-value damages are based on the difference between the value of the performance that a breaching seller rendered and the value of the performance that she promised to render. Lost-profit damages are based on the difference between the price a breaching buyer agreed to pay and the seller’s variable costs.


2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Claire Chabut ◽  
Jean-François Bussières

Abstract Objectives Several societies have published guidelines to limit the occupational exposure of workers. Several of these guidelines recommend periodic (once or twice a year) environmental monitoring of specific sites where antineoplastic drugs are prepared and administered. However, most of the guidelines provide no guidance concerning which antineoplastic drugs should be monitored, the preferred sampling sites, appropriate test methods or limits of detection. The aim of this study was to characterize providers that quantify antineoplastic drug measured on surfaces. Methods This was a cross-sectional descriptive study. To identify service providers offering environmental monitoring tests, we searched the PubMed database and used the Google search engine. We contacted each service provider by email between June 3rd and June 15th, 2020. We specified the objective of our study and described the information needed and the variables of interest with standardized questions. Additional questions were sent by emails or via teleconferences. No statistical analyses were performed. Results We identified six providers offering services to Canadian hospitals, either based in Canada or in the United States. Five of these providers were private companies and one was a public organization. Each service provider was able to measure trace contamination of 3–17 antineoplastic drugs. Five of the providers quantified drugs using ultra performance liquid chromatography coupled with tandem mass spectrometry (UPLC-MSMS), which allowed for lower LODs. The sixth provider offered quantification by immunoassay, which has higher LODs, but offers near real-time results; the surface area to be sampled with this method was also smaller than with UPLC-MSMS. The services offered varied among the service providers. The information about LODs supplied by each provider was often insufficient and the units were not standardized. A cost per drug quantified could not be obtained, because of variability in the scenarios involved (e.g. drug selection to be quantified, number of samples, nondisclosure of ancillary costs). Four of the six service providers were unable to report LOQ values. Conclusions Few data are available from Canadian service providers concerning the characteristics of wipe sampling methods for antineoplastics. This study identified six north-American providers. Their characteristics were very heterogeneous. Criteria to consider when choosing a provider include the validation of their analytical method, a low limit of detection, the choice of drugs to be quantified and the sites to be sampled, obtaining details about the method and understanding its limits, and price. This should be part of a structured multidisciplinary approach in each center.


2020 ◽  
Vol 11 (1) ◽  
pp. 91
Author(s):  
Xiaoyu Ma ◽  
Jihong Zhang ◽  
Yuan Cao ◽  
Zhou He ◽  
Jonas Nebel

Rapidly increasing mobile data traffic have placed a significant burden on mobile Internet networks. Due to limited network capacity, a mobile network is congested when it handles too much data traffic simultaneously. In turn, some customers leave the network, which induces a revenue loss for the mobile service provider. To manage demand and maximize revenue, we propose a dynamic plan control method for the mobile service providers under connection-speed-restriction pricing. This method allows the mobile service provider to dynamically set the data plans’ availability for potential customers’ new subscriptions. With dynamic plan control, the service provider can adjust data network utilization and achieve high customer satisfaction and a low churn rate, which reflect high service supply chain performance. To find the optimal control policy, we transform the high-dimensional dynamic programming problem into an equivalent mixed integer linear programming problem. We find that dynamic plan control is an effective tool for managing demand and increasing revenue in the long term. Numerical evaluation with a large European mobile service provider further supports our conclusion. Furthermore, when network capacity or potential customers’ willingness to join the network changes, the dynamic plan control method generates robust revenue for the service provider.


2018 ◽  
Vol 8 (2) ◽  
pp. 47-65 ◽  
Author(s):  
Ubaidullah Alias Kashif ◽  
Zulfiqar Ali Memon ◽  
Shafaq Siddiqui ◽  
Abdul Rasheed Balouch ◽  
Rakhi Batra

This article describes how the enormous potential benefits provided by the cloud services, made enterprises to show huge interest in adopting cloud computing. As the service provider has control over the entire data of an organization stored onto the cloud, a malicious activity, whether internal or external can tamper with the data and computation. This causes enterprises to lack trust in adopting services due to privacy, security and trust issues. Despite of having such issues, the consumer has no root level access right to secure and check the integrity of procured resources. To establish a trust between the consumer and the provider, it is desirable to let the consumer to check the procured platform hosted at provider side for safety and security. This article proposes an architectural design of a trusted platform for the IaaS cloud computing by the means of which the consumer can check the integrity of a guest platform. TCG's TPM is deployed and used on the consumer side as the core component of the proposed architecture and it is distributed between the service provider and the consumer.


2013 ◽  
Vol 47 (6) ◽  
pp. 524-535 ◽  
Author(s):  
Antonio Miguel Cruz ◽  
Adriana Maria Rios Rincon ◽  
Gregory L. Haugan

The aims of this paper are (1) to identify the characteristics of maintenance service providers that directly impact maintenance service quality, using 18 independent covariables; (2) to quantify the change in risk these covariables present to service quality, measured in terms of equipment turnaround time (TAT). A survey was applied to every maintenance service provider (n = 19) for characterization purposes. The equipment inventory was characterized, and the TAT variable recorded and monitored for every work order of each service provider (N = 1,025). Finally, the research team conducted a statistical analysis to accomplish the research objectives. The results of this study offer strong empirical evidence that the most influential variables affecting the quality of maintenance service performance are the following: type of maintenance, availability of spare parts in the country, user training, technological complexity of the equipment, distance between the company and the hospital, and the number of maintenance visits performed by the company. The strength of the results obtained by the Cox model built are supported by the measure of the Rp,e2 = 0.57 with a value of Rp,e= 0.75. Thus, the model explained 57% of the variation in equipment TAT, with moderate high positive correlation between the dependent variable (TAT) and independent variables.


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