Traditional or Agile Contracting for Software Development

As the use of software is present in so many activities today, it is important for business in particular to be aware of challenges that may seem different today than before the prevalence of software in our lives. Agile project management is one example: this more recent and nimble approach to software development presents its own challenges. Fortunately, the guiding legal principles related to traditional contract formation and execution are based in principles of fairness and equity, making the customization of legal principles to Agile contracting a reasonable endeavor. This chapter presents basic contract law and such law as it more specifically relates to contracts dealing with Agile software development.

Behavioral Contract Law

This article explores some behavioral findings that are relevant to three areas of contract: formation, performance, and remedies. I compare the rational choice theory analysis of various aspects of contract law with how behavioral findings lead to a change in our understanding of that area of law. A penultimate section considers several criticisms of behavioral economics. A concluding section calls for altering some settled understandings of contract law to accommodate behavioral results and for further research about some still uncertain aspects of contracting.

The impact of organizational practices on formation and development of psychological contract: expatriates' perception-based view

PurposeBased on signaling and motivation theories, this study investigates the impact of organizational practices on the formation and development of expatriates' psychological contracts in three stages. Stage 1: the impact of the selection process on psychological contract formation with the mediating role of perceived organizational justice. Stage 2: the impact of pre-departure training on psychological contract formation with the mediating role of individual absorptive capacity. Stage 3: the impact of perceived organizational support on psychological contract development with the mediating role of expatriates' adjustment.Design/methodology/approachBy using a purposive sampling technique, the respondents were approached via e-mails and personal visits in three waves, each wave had 45 days gap. After three waves, a total of 402 complete questionnaires were received back. To test the hypotheses, the partial least squares-based structural equation modeling (PLS-SEM) approach was used.FindingsStage 1: effective selection process and perceived organizational justice positively support the psychological contract formation. Stage 2: the pre-departure training and individual absorptive capacity have a positive influence on the psychological contract formation of expatriates. Stage 3: the perceived organizational support and psychological contract development have a positive direct association. However, expatriates' adjustment does not mediate the association between perceived organizational support and the psychological contract development of expatriates.Practical implicationsThe implications of this study are supportive to the organizations that deal with expatriates. The organizations should adopt practices (i.e. effective selection process, pre-departure training and perceived organizational support) for effective formation of psychological contract formation and development. In addition, perceived organizational justice, individual absorptive capacity and expatriates' adjustment can help out in the formation and development of the psychological contract of expatriates.Originality/valueThis study highlights the role of organizational best practices in the formation and development of the psychological contract of expatriates.

From dreams to reality: a phenomenological study of the psychological contracts of ex-military personnel in the Australian Defence Force

Current recruitment and retention issues within the armed forces draw links with breach of the psychological contract – the dynamics of the employee–employer relationship. Compared with civilian contexts, a military position is unique, however, there is a dearth of conceptual investigation regarding the lived experiences of military personnel, particularly with respect to how such contracts form. This paper combined a phenomenological approach with the critical decision method to investigate the lived experiences informing contract formation and contract trajectory of ex-military personnel. Lived experiences pointed to the formulation of ‘fuzzy’ contracts, impressions from defence force recruitment, specific tipping points around organisational commitment, and large differences between the fidelity of the idealised and actualised self/job. Seven superordinate themes are elicited that trace the formation and trajectory of the contract. A schematised account of findings is developed to provide avenues to investigate how beliefs form in a military contract context and their outcomes.

Part I Legal and Practical Challenges to Traditional Trade Finance, 2 The Letter of Credit as a Contract

This chapter considers the relationships created by the issue of a letter of credit. In particular, it focuses on the relationship between the issuer and/or confirmer of the credit on the one hand, and the seller of the goods on the other. Although the letter of credit is typically referred to as creating a contractual obligation between these parties, and that characterisation is rarely disputed, a closer analysis from a common law perspective reveals that some elements for contract formation appear to be absent. The chapter re-examines this debate in the light of recent developments in the law. It concludes that the relationship is indeed contractual, albeit that some of the contractual prerequisites may be satisfied in an unorthodox way.

“Forget it, let’s go with a handshake”: contracting practices of exporting small to medium size enterprises (SMEs)

Purpose This paper aims to dissect cross-border contracting practices among exporting businesses. The under-representation of exporter-importer dynamics and the superficial understanding of contracts are the motivation for this exploratory study. Design/methodology/approach The qualitative multiple case study design focuses on 18 small to medium size enterprise (SMEs) exporting from New Zealand. The analysis encompasses coding, pattern matching and explanation building. This paper uses coding to uncover themes and pattern matching/cross-case comparison to facilitate explanation building. Findings The paper underlines the scant use of formal international sales/distribution contracts, the lack of knowledge concerning contracting, barriers to contract formation, misgivings about the court system and litigation and the adoption of proxy contracts. This paper depicts varieties of contracting practices, namely, no formal contract, improvisational, normative, and formal contractual arrangements and underlines the context in which each approach applies. Research limitations/implications Similar to most studies in this area, the dissection of contracting practices derives from the exporter side of the dyad. This robs the research of a holistic view of the exchange. Nonetheless, this paper contributes to a better understanding of contract formation and formalization and to the role of context in shaping the activities of exporting SMEs. Practical implications Although formal contracts are vital, they are not obligatory in all exchanges. Contracts matter more for high intensity exporters with comparatively short relationship histories, selling knowledge-intensive products in predominantly non-relational cultures. Policymakers should highlight the importance of contracts in such contexts and direct SMEs to several freely available resources on cross-border contracting. Social implications The research casts fairness/equity and access to justice as pertinent structural disadvantages impacting the contracting practices of exporting SMEs. Originality/value According to the authors’ knowledge, this paper is among the first studies to provide an in-depth portrayal of the contracting practices of exporting SMEs, to detail the pervasiveness of non-contractual contracting practices and to depict contracting as nuanced and context-dependent.

Do Androids Dream of Electric Copyright?

The advent of sophisticated artificial neural networks has opened new artistic opportunities, but also a variety of new legal challenges. Computer programs such as Google’s Deep Dream can take an image and process it in manners that resemble biological networks, producing artwork that is both unique and unpredictable. The law is not unfamiliar with the challenges of artificial intelligence (AI), in the past academics and policymakers have had to deal with the legal implications of autonomous agents in contract formation, to name just one area of interest. However, for the most part the implementation of smart systems has been limited in its reach and scope, and in many instances autonomous agents required quite a lot of direction from the programmer, following a very stringent set of rules. This meant that for the most part all rights, responsibilities, and liabilities arising from artificial agents fell squarely on the program creator. Neural networks are different, these systems have the potential to generate works in which human interaction is minimal. Modern copyright law has been drafted to consider originality as an embodiment of the author’s personality, and originality is one of the main requirements for the subsistence of copyright. So, what happens when you remove personality from the equation? Are machine-created works devoid of copyright? Do we need to change copyright law to accommodate autonomous artists? This chapter will explore this and other questions.

Entitlement Disconnect: Exploring Management Graduates’ Mental Schema in Their Anticipatory Psychological Contract

In this paper, we expanded on the psychological contract theory by exploring the mental schemas of graduates’ anticipatory psychological contract before they start employment. With this research, we aimed to explore and substantiate themes associated with the mental schemas of graduates, so that the psychological contract formation theory can be expanded by investigating the role of entitlement disconnect and its influence on the anticipatory psychological contract. Literature regarding the formulation of the psychological contract is still underdeveloped, especially regarding the anticipatory phase thereof. Entitlement disconnect has also not been focused on in past literature, especially as a component of the anticipatory psychological contract that can have an impact on graduates’ career schema and voluntary turnover intention. A qualitative approach to research was adopted consisting of interviews with 18 final-year economics and management sciences graduate students in the final phase of their degrees to derive themes associated with the mental schemas of graduates’ anticipatory psychological contract. The findings suggest that graduates already have a developed mental schema that was based on their entitlement. It was also confirmed that graduates had a disposition towards voluntary turnover intuition before organisational entry, which was due to an entitlement disconnect perception. The final and most surprising finding was that some graduates already displayed pre-employment violations, where graduates already anticipated psychological contract breach before entering an employment relationship. This research suggests that graduates’ mental schemas in their anticipatory psychological contract play a much bigger role in the development of their psychological contract, after organisational entry than what was initially thought.