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Contracting in the New Economy: Using Relational Contracts to Boost Trust and Collaboration in Strategic Business Relationships
by Kate Vitasek David Frydlinger Jim Bergman Tim CumminsToday’s business environment is constantly evolving, filled with volatility, uncertainty, complexity and ambiguity and driven by digital transformation, globalization, and the need to creating value through innovation. These shifts demand that organizations view contracting through a different lens. Since it is impossible to predict every what-if scenario in a transactional contract, organizations in strategic and complex partnerships must shift to a mindset of shared goals and objectives built upon a strong foundation of transparency and trust, working together to mitigate risk much better than merely shifting risk to the weaker party. Contracting in the New Economy helps you to not only develop this mindset – but also offers the practical tools needed to embrace the social side of contracting, enabling your organization to harness the value creating potential of formal relational contracts. Briefly sharing the theoretical foundations that prove relational contracting works, it goes well beyond theory by providing powerful examples of relational contracting principles in practice. In addition, the authors provide a practical and proven approach for helping you to put relational contracting theory into practice for your own relationships. First by providing a framework for approaching any contracting situation and helping organizations finding the best contract model for each situation. And then by sharing five proven steps you can take to create an effective relational contract for you own strategic and complex business relationships. For anyone involved in developing contracts —lawyers, in-house counsels, contract managers, C-level managers, procurement officers, and so on — this book will empower you to create powerful cooperative alliances that will help you reach —and surpass — your business goals in today’s dynamic new environment.
Contractors and War: The Transformation of US Expeditionary Operations
by Christopher Kinsey Malcolm Hugh PattersonThe U. S. military is no longer based on a Cold War self-sufficient model. Today's armed forces are a third smaller than they were during the Cold War, and yet are expected to do as much if not more than they did during those years. As a result, a transformation is occurring in the way the U. S. government expects the military to conduct operations-with much of that transformation contingent on the use of contractors to deliver support to the armed forces during military campaigns and afterwards. Contractors and Warexplains the reasons behind this transformation and evaluates how the private sector will shape and be shaped by future operations. The authors are drawn from a range of policy, legislative, military, legal, and academic backgrounds. They lay out the philosophical arguments supporting the use of contractors in combat and stabilization operations and present a spectrum of arguments that support and criticize emergent private sector roles. The book provides fresh policy guidance to those who will research, direct, and carry out future deployments.
Contracts
by Richard Stim AttorneyUnderstand virtually any contract and sign on the dotted line with confidence. Contracts are a part of everyday life now -- you can't download a piece of software or accept an employment offer without having to click "I agree" or sign at least one piece of paper. But very few of us are able to decipher the legalese in these documents, leading most people to hesitate before committing to a contract's terms. Contracts: The Essential Business Desk Reference is the first book to explain contract terms in language for the layperson. This indispensable A to Z guide covers: definitions of common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't how to change contracts Contracts: The Essential Business Desk Reference will help you save money by coaching you on which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners, but still contains enough detail to have a place on nearly any lawyer's bookshelf.
Contracts and Deals in Islamic Finance
by Mohsin Hayat Hussein KureshiA very accessible and concise guide to Islamic financeContracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners. The embedded requirements within selected Islamic financial contracts, such as risk weightage, capital structures, creations of cash flows, and balance sheets, are explained fully to provide a solid understanding of the backbone of the industry. Aimed primarily at beginners and those with a background in conventional banking, this book guides readers through the major contracts, how they're applied, and how to discern a contract's legitimacy. Case studies and interviews with bankers and global regulators provide real-life examples of contract application, and the author's own experiences provide deep insight into the everyday issues that arise. Ancillary instructor's materials include PowerPoint slides and lecture notes that facilitate use in the classroom.Literature describing the application of Islamic financial contracts is few and far between, and those providing a basic breakdown of these contracts and questioning their validity are rarer still. This book is the first of its kind, offering a basic approach to understanding Islamic contracts, designed for the true beginner.Understand the current contracts applied in Islamic bankingLearn how contracts are applied across different jurisdictionsIdentify illegitimate contracts and those not in the spirit of Shariah lawExamine the current economic realities surrounding Islamic financeBy highlighting the underlying themes in Islamic finance and assessing the current practices, this book gives readers the solid understanding and up-to-date perspective that form a solid foundation upon which successful Islamic finance is practiced. For a solid introduction to the Islamic finance industry, Contracts and Deals in Islamic Finance is an accessible, practical guide.
Contracts and Pay: Work in London Construction 1660–1785 (Palgrave Studies in Economic History)
by Judy Z. StephensonThis book presents a new economic history of London construction in the early modern period. Drawing on extensive archival material from key sites such as St Paul’s Cathedral and London Bridge, it describes the organization of contracts and work on large-scale ‘extraordinary’ projects and maintenance contracts in the city during a key period of architectural and organizational development in Britain. Stephenson shows that the organisation of the industry and the welfare of its workers were shaped by the contracts and finance of large institutions and ambitious businessmen. Providing fresh wage and earnings data for craftsmen and labourers during the period, it offers new material and debate for economic, business and construction historians.
Contracts for Engineers: Intellectual Property, Standards, and Ethics
by Robert D. HunterEngineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to communicate contractual issues to lawyers—and then better understand the legal advice they receive. Building on its exploration of contracts, this book expands discussion to: Patents, copyrights, trademarks, trade secrets, and other intellectual property issues Development of standards and the bodies that govern them, as well as conformity assessment and accreditation Ethics at both the micro and macro levels—a concept under major scrutiny after several major disasters, including the Gulf of Mexico oil spill, the collapse of Boston’s Big Dig, and a coal-mining accident that resulted in many deaths With a brief introduction to common law contracts and their underlying principles, including basic examples, the book presents a sample of the Uniform Commercial Code (UCC) regarding the sale of goods. It evaluates elements of the different contracts that engineers commonly encounter, such as employee and associated consulting agreements and contracts involved in construction and government. Approaching intellectual property from a contract perspective, this reference focuses on the many different types of patents and their role in commerce. It touches on the application of trademarks and recent developments in the use of copyright as a form of contract and explains the process of obtaining patents, including the rationale for investing in them. Ethical standards receive special attention, which includes a review of several prominent professional codes of ethics and conduct for both organizations and individual engineers, particularly officers and higher-level managers.
Contracts in Trade and Transition: The Resurgence of Barter
by Dalia Marin Monika SchnitzerDifficulties in contract enforcement impede international transactions in the world economy and domestic transactions in transition economies. In Contracts in Trade and Transition, Dalia Marin and Monika Schnitzer explain how barter as an economic institution can facilitate contract enforcement across national borders in international trade and within borders in transition countries. The authors show that international countertrade--tying an export to an import--emerged in the 1980s in response to the international debt crisis when Western creditors refused to finance imports to developing countries and Eastern Europe. Barter--the exchange of goods without the use of money--reemerged in transition economies in the 1990s in response to a domestic debt crisis when banks in transition countries were reluctant to provide finance to firms. Countertrade and barter introduce a deal-specific form of collateral that addresses the lack of creditworthiness of countries and firms. Drawing on contract theory, the authors argue that parties might want to pay in goods rather than cash or link an export with an import as in countertrade to solve incentive problems that otherwise would prevent any trade from taking place. The incentive problems they discuss are the technology transfer problem to developing countries and the "lack of trust" problem in the former Soviet Union.
Contracts of Adhesion Between Law and Economics: Rethinking the Unconscionability Doctrine (SpringerBriefs in Law)
by Elena D'AgostinoThis book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.
Contracts: Cases, Discussion, and Problems (Aspen Casebook)
by Brian Blum Amy BushawContracts: Cases, Discussion, and Problems, Fourth Editionis known for its strikingly clear, straightforward text that illuminates cases as well as concepts and theory. The book focuses on modern cases to expose students to contemporary contract law, but it also includes many important or iconic older cases. Numerous problems, ranging from simple to complex, supplement cases and introduce topics taught most effectively through problems. The casebook s traditional organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Procedural issues are highlighted when presented by the cases and transactional issues such as drafting, client counseling, and negotiation are raised through the use of questions and small exercises throughout the text. Strengthening the text s focus on contemporary methods of contracting, modern issues in standard contracts are explored along with contracts entered into electronically. International and comparative material offers alternative approaches for students to consider, such as those taken by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts.
Contracts: The Essential Business Desk Reference
by Richard StimUnderstand virtually any contract and sign on the dotted line with confidence. This is the first book to explain contract terms in language for the layperson. This indispensable A to Z guide covers: definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts. Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.
Contractual Estoppel (Lloyd's Commercial Law Library)
by Alexander TrukhtanovThis book is the first comprehensive account of contractual estoppel. Contractual estoppel is a new and exciting development in the common law, widely employed and of considerable practical utility. The concept has been noticed by academics, mostly to be criticised as anomaly, misnomer and an objectionable policy choice, and commentary on the concept has been limited to recitation and critique of a few principal cases. Yet this book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. In this new title, the author, Alexander Trukhtanov, responds to policy objections and seeks to answer the charge that contractual estoppel is a misnomer, anomaly or distortion of reliance-based categories of estoppel, by showing that contractual estoppel is its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Contractual Estoppel (Lloyd's Commercial Law Library)
by Alexander TrukhtanovThe second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Contractual Innovation in the UK Energy Markets: Enron Europe, The Eastern Group, and the Sutton Bridge Project
by Peter Tufano Benjamin C. EstyIn December 1996, Enron Europe and The Eastern Group were on the verge of signing an innovative transaction in the utility industry. Eastern was going to buy a long-term option to convert natural gas into electricity from Enron, thereby giving it the economic right to operate a "virtual" power station. This structure was vastly different from the traditional independent power plant (IPP) structure, and the executives involved had to convince their superiors of its wisdom before they could proceed. This case was jointly written for Large-Scale Investment and Corporate Financial Engineering, and it covers topics related to both project finance and financial engineering. It illustrates a new paradigm in the electric power industry: the creation of virtual power stations backed by physical power stations with merchant exposure. It also illustrates how physical operations (constructing and operating a power plant) can be used to offset contractual obligations and trading exposures.
Contractual Management: Managing Through Contracts
by Bert Eichhorn Ralph SchuhmannThe Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.
Contractual Obligations in Ghana and Nigeria
by U. U. UcheFirst Published in 1971. Routledge is an imprint of Taylor & Francis, an informa company.
Contradictions of Democracy, Development and Inequality: A Case of India
by Sejuti Das Gupta Shouvik Chakraborty Taposik BanerjeeIdentity politics has widened representation for the marginalised groups in democracies, while neoliberalism has deepened inequality. This volume finds answers to the paradox of widening representation and worsening inequality especially in India exploring the themes of development and identity in recent times. Inspired by Caesar Basu’s works as a political thinker, this volume weaves in economic concerns with the socio-cultural aspects of identity and contends that representation is not sufficient. Further, it highlights the importance of reinstating redistribution to serve both democracy and development. It looks at neoliberal policies and how they maximise negative liberty by focussing on the individual thereby obliterating the question of the social location of individuals. The contributors to this volume investigate these issues through the lens of religion, gender, caste, and raise interdisciplinary questions concerning ecological conditions of labour, the institution of democracy and capitalist regimes, linkages among multiple sectors of the Indian economy, devaluation of women’s work in the care economy, material distribution of resources, and liberty and civil rights. This book creates a much-needed conversation between the study of development through the economic perspective and the cultural or political sociology perspective.It will be of interest to students and researchers of politics especially identity politics, economics, sociology and social justice, development studies, and social geography.
Contrarian Investment Strategies
by David DremanDavid Dreman, chairman and managing director of Dreman Value Management, LLC, is one of the most successful and influential investment managers in history, and his name is synonymous with contrarian investing. In this major revision of his investment classic, which Warren Buffett called "that rarity--an extremely readable and useful book that will be of great value both to the layman and the professional," Dreman introduces vitally important new findings in psychology that explain why the stock market is inescapably given to bubbles, panics, and periods of high volatility. He also shows how we can use these findings to reliably profit from market errors, crash-proof our portfolios, and earn market-beating long-term returns.The need for these keen new insights and his powerful contrarian strategies has never been more urgent. The market crash of 2007-2008 left no doubt that there are glaring flaws in the theory underlying all of the other prevailing investment strategies--the efficient market hypothesis--as well as in the long-accepted theory of risk. These twin theories, and all of the popular investing strategies that are based on them, fail to account for major, systematic errors in human judgment that the powerful new psychology research explains, such as emotional overreactions and a host of mental shortcuts in decision-making that lead to wild over- and undervaluations of securities as well as fundamentally flawed assessments of risk. Dreman's contrarian strategies not only account for these dangerous psychological effects but allow investors to take advantage of them. Dreman presents a breakthrough new theory of risk and introduces vital findings about the hidden dangers of high-speed trading and its role in volatility; he also delves into the pernicious risk of flash crashes as well as how to prepare for inflation.Updating all his signature charts of market movements and stock valuations that prove the remarkable power of his contrarian strategies, he shows how the strategies would have optimized returns during the "lost decade" that culminated in the 2007-2008 crash and would have positioned investors for market-beating returns in the recovery. Enhancing his core methods for choosing stocks with a number of new techniques developed over the last decade, he shows why the "best" stocks are consistently overvalued while the so-called worst, contrarian stocks are undervalued, and he lays out his proven and simple rules for avoiding the pitfalls and spotting the bargains.Based on breakthrough research and showing for the first time how the new psychological findings can be directly incorporated into investing strategy, this thoroughly revised edition of one of the most influential books on investment is an essential addition to every investor's arsenal.
Contrarian Investment Strategies in the Next Generation
by David DremanDavid Dreman's name is synonymous with the term "contrarian investing," and his contrarian strategies have been proven winners year after year. His techniques have spawned countless imitators, most of whom pay lip service to the buzzword "contrarian," but few can match his performance. His Kemper-Dreman High Return Fund has been the leader since its inception in 1988 -- the number one equity-income fund among all 208 ranked by Lipper Analytical Services, Inc. Dreman is also one of a handful of money managers whose clients have beaten the runaway market over the past five, ten, and fifteen years. Now, as the longest bull market in the history of the stock market winds down, there is increasing volatility and a great deal of uncertainty. This is the climate that tests the mettle of the pros, the worries of the average investor, and the success of David Dreman's brilliant new strategies for the next millennium. Contrarian Investment Strategies: The Next Generation shows investors how to outperform professional money managers and profit from potential Wall Street panics -- all in Dreman's trademark style, which The New York Times calls "witty and clear as a silver bell." Dreman reveals a proven, systematic, and safe way to beat the market by buying stocks of good companies when they are currently out of favor. At the heart of his book is a fundamental psychological insight: investors overreact. Dreman demonstrates how investors consistently overvalue the so-called "best" stocks and undervalue the so-called "worst" stocks, and how earnings and other surprises affect the best and worst stocks in opposite ways. Since surprises are a way of life in the market, Dreman shows you how to profit from these surprises with his ingenious new techniques, most of which have been developed in the nineties. You'll learn: Why contrarian stocks offer extra protection in bear markets, as well as delivering superior returns when the bull roars. Why a high dividend yield is just as important for the aggressive investor as it is for "widows and orphans." Why owning Treasury bills and government bonds -- the "safest investments" for centuries -- is like being fully margined at the top of the 1929 market. Why Initial Public Offerings are a guaranteed loser's game. Why you should avoid Nasdaq ("the market of the next hundred years") like the plague. Why crisis, panic, and even market downturns are the contrarian investor's best friend. Why the chances of hitting a home run using the Street's best research are worse than being the big winner in the New York State Lottery. Based on cutting-edge research and irrefutable statistics, David Dreman's revolutionary techniques will benefit professionals and laymen alike.
Contrary Notions: The Michael Parenti Reader
by Michael ParentiProminent leftist public intellectual Parenti has built a reputation for himself as a trenchant, yet engaging and accessible, critic of capitalism, imperialism, and other forms of exploitation and violence and this diverse collection of his writings will not disappoint his fans (nor, probably, convince his detractors). Over the course of the collection he takes on the corporate media, intellectual repression in academia, the stolen presidential elections of 2000 and 2004 (not that he's a fan of Al Gore or John Kerry), right wing judicial activism, free-market orthodoxies and mythologies, racism, sexism, homophobia, postmodern attacks on Marxism, the distortions of dominant history, ill-informed demonizations of the Venezuelan political process, his own life, and many other topics. Annotation ©2007 Book News, Inc. , Portland, OR (booknews. com)
Contrast Data Mining: Concepts, Algorithms, and Applications (Chapman & Hall/CRC Data Mining and Knowledge Discovery Series)
by James Bailey Guozhu DongA Fruitful Field for Researching Data Mining Methodology and for Solving Real-Life ProblemsContrast Data Mining: Concepts, Algorithms, and Applications collects recent results from this specialized area of data mining that have previously been scattered in the literature, making them more accessible to researchers and developers in data mining and
Contrasting Cultures: I-Centric and We-Centric
by Beth Fisher-Yoshida Kathy D. GellerThis chapter from Transnational Leadership Development introduces leaders to the contrasts that exist between those raised in cultures that focus primarily on the needs and interests of the individual—I-centric cultures—and those raised in cultures that place primary emphasis on the collective needs of the group (family, work team, organization, society, etc.)—we-centric cultures. It covers behaviors, expectations, how to manage their performance, and how to get them working together.
Contraventions: Editorials from New Left Review
by Susan WatkinsSince the turn of the century, New Left Review has published a score of editorials on contemporary world politics, each departing from conventional positions. This collection brings together a selection of NLR&’s interventions in these years of US unipolarity and late-capitalist boom and bust, the War on Terror and the rise of China, the asymmetrical recovery from the financial crisis and the fraught politics of the energy transition. Bookended by surveys reviewing the broader political-intellectual conjuncture in which the journal is publishing, they examine both the ideas and the on-the-ground operations of liberal-internationalist rule, from the Middle East peace process to the new cold war, analysing the character of the EU and the record of Obama, the meaning of Donald Trump and the explanation for Brexit – as well as tracking counter-movements from street to ballot box, the Arab Spring to Corbyn, Sanders and Podemos.
Contribute!: Start A Successful, Fulfilling Business While Raising Your Kids
by Tatiana AmicoWithin Contribute!, women learn how to build a successful business while staying home with their kids. In Contribute!, Tatiana Amico, a successful entrepreneur and mom of two, shares her secrets on how to build a successful business that supports one’s family, all while being there for their kids' milestones. Within Contribute!, she shows women how to:Figure out what kind of business to startIdentify the reasons why they haven’t already started Learn how to make their business work with the time they have Develop skills necessary to build a home-based business they love and make it a wild success Find themselves as a woman rather than “just a mom” Women who are finally ready to build their business and make some money doing something that they’ll look forward to, start to Contribute! now!
Contributions To Economic Theory, Policy, Development And Finance
by Dimitri B. PapadimitriouThis study combines lessons drawn from events and experiences of developing countries and examines them in relation to Jan Kregel's ideas on economics and development. The contributors provide in-depth analysis on: financial stability and crises, monetary systems, banking, global governance, employment, inflation and political economy
Contributions in Stock-flow Modeling
by Gennaro Zezza Dimitri B. PapadimitriouA collection of papers from leading thinkers to celebrate the work of the late Wynne Godley, and his enormous contribution to the field of monetary economics. Chapters include in-depth discussions of the revolutionary economic modelling systems that Godley introduced, as well as his prescient concerns about the global financial crash.