Introduction to Problems of Performance

Author(s):  
Melvin A. Eisenberg

This chapter provides an introduction to problems of performance, which for the most part concern post-contract formation issues, such as a promisee’s rights where the promisor has rendered a performance that is imperfect but substantial. Generally speaking, problems of performance concern sanctions for breach other than damages or specific performance, such as suspension of performance or termination of the contract by the aggrieved party. These sanctions are often much more severe than damages. For example, if a promisee has the right to terminate a contract the promisor may lose the profits she would have earned if the contract had continued in force, as well as the value, or at least the contract price, of the performance she rendered before the contract was terminated.

Author(s):  
Ly Tayseng

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.


Author(s):  
Matthew Watson

The market has no independent objective existence beyond the practices that are embedded within particular market institutions. Those practices, in turn, involve learning particular techniques of performance, on the assumption that each market environment rewards a corresponding type of market agency. However, the ability to reflect what might be supposed the right agential characteristics is not an instinct that is hardwired into us from birth. Instead it comes from perfecting the specific performance elements that allow people to recognize themselves as potentially competent actors in any given market context. This chapter takes the reader back to some of the earliest accounts of these performance elements, showing that important eighteenth-century debates about how to flourish as a market actor revolved around little else. In the early eighteenth century, Daniel Defoe emphasized the need for market actors to create convincing falsehoods, hiding their true feelings behind a presentation of self where customers’ whims were always catered to. In the late eighteenth century, Adam Smith was still wrestling with the dilemma of how genuinely the self could be put on display within market environments, believing that customers had a responsibility to curb excessive demands so that merchants’ interests could be respected. This meant not forcing them into knowingly false declarations, so that moral propriety and economic expedience were not necessarily antagonistic forces in the development of merchants’ character.


Author(s):  
Stannard John E ◽  
Capper David

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.


1995 ◽  
Vol 81 (3_suppl) ◽  
pp. 1115-1118 ◽  
Author(s):  
Misaki Iteya ◽  
Carl Gabbard ◽  
Morihiko Okada

Foot preference and performance characteristics of gross-motor lower-limb speed of tapping were examined in 606 4- to 6-yr.-olds. Analysis indicated no effect for gender; however, speed of foot tapping increased significantly across the three ages, suggesting an association with selected developmental (neuromuscular) processes. Contrary to earlier reports on handedness, there was no statistical evidence that mixed- or left-footers were at a performance disadvantage compared to right-footers. All groups performed best with the right foot, limb differentiation (right versus left) being significant for the right- and mixed-footed groups. Speculation about maturational and environmental influences is given.


Tempo ◽  
1953 ◽  
pp. 19-20
Author(s):  
Donald Mitchell

One of the brightest of the Third Programme's recent efforts was the presentation of a little festival of Pfitzner's music. “Little,” perhaps, may be not quite the right word for however short a series of programmes which included the whole of Palestrina (1912–1915), but it must be remembered that Pfitzner wrote four other operas besides this celebrated chef-d'oeuvre—Der arme Heinrich (1891–93), Die Rose vom Liebesgarten (1897–1900), Das Christelflein (1906, revised 1917), and Das Herz (1930–31). The B.B.C. gave us no glimpse of these other operas, although round about Christmas of each year one of their regional orchestras undertakes the overture to Das Christelflein as an appropriately seasonal piece. For this festival occasion, the B.B.C, in addition to Palestrina, threw in a song recital and a performance of Pfitzner's last chamber work, the Sextet (Op. 55/1945) for piano, violin, viola, cello, double-bass and clarinet. These two latter items may have been well-intentioned choices, but, notwithstanding, they were extremely ill chosen. The Third Programme—as, alas, so often—was either wrongly advised, or simply did not have any (skilled) advice to call upon. For instance, the six songs, ably performed by Mary Jarred, belonged to Pfitzner's earliest period—the latest “Lied”" was Sonst (Op. 15, no. 4), composed in 1904, and most of the other songs were written in the 1880's or 90's. But Pfitzner's output of “Lieder” extends to the 1930's and up to Op. 41—and his maturest and best songs are to be found in the years which the B.B.C. did not remotely approach! Incidentally, no opus numbers were printed in the Radio Times or announced over the air, so that as far as the uninformed listener was concerned he was hearing a “representative” selection of Pfitzner's “Lieder”; in fact, of course, he was hearing nothing of the kind.


1984 ◽  
Vol 19 (3-4) ◽  
pp. 388-439 ◽  
Author(s):  
Sinai Deutch

Rescission is one of the most important activities in the law of contract. The right or the possibility to rescind is no less important than the right to specific performance or damages. Indeed, in many cases, when specific performance is either undesired or impossible, and no harm entitling damages has been caused, it will be the major right.Despite this importance, Israeli contract laws have left many questions regarding rescission open (e.g. the character of the rescission, its range, contents and results regarding both contracting parties and third parties). The silence of the Israeli legislature in these matters is typical of Israeli civil law legislation in which major areas of law are condensed into a few laconic provisions. This attitude leaves much room for construction of the statute and for judicial legislation.


Author(s):  
S. Srinivas

The purpose of this chapter is to help you design a performance management framework that will result in choosing, successfully implementing, and getting significant benefits from e-supply chain technologies. The framework is designed to stimulate action by pinpointing where the gaps are, and leveraging technology to bridge those gaps. This is done using a balanced scorecard revolving around five critical variables: value, variety, velocity, variability, and visibility. The maturity level of each of these critical variables is classified using a six-level capability maturity continuum: ignorance, awareness, understanding, approach, action, and culture. This integrated approach of combining critical variables, balanced scorecard, and capability maturity helps leverage technology for the right purposes, and significantly improves the performance and productivity of the supply chain.


1992 ◽  
Vol 36 (18) ◽  
pp. 1450-1454 ◽  
Author(s):  
Eric E. Geiselman ◽  
Robert K. Osgood

The present study evaluated a new aircraft attitude display concept. The new symbology format, or Theta display, was developed by integrating the features of the conventional attitude/direction indicator (ADI) and head-up attitude reference display (HUD) into a single format. Number of trials to reach a specific performance criterion and tracking performance were collected as dependent variables on an attitude maintenance task. The results show that performance and training time were better with both the Theta display and the ADI than with the HUD. The findings support the hypothesis that an attitude display formed of the integration of ADI and HUD symbology will demonstrate a performance benefit over a pure HUD format.


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