Contract law minimalism

Morgan, Jonathan

doi:10.1017/cbo9781139108171.018

Cited by 3 publications

(1 citation statement)

References 178 publications

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“…52 Morgan has cogently argued in favour of minimalism in the realm of commercial contract regulation, on the grounds that international commercial parties will engage in sophisticated negotiation before contracting, which allows them to contract out of any undesired rules. 53 Coupled with the ability to choose a substantive regime of law via a choice of law clause, Morgan's point rests on the argument that parties will gravitate to the system of law best suited to the economics of their transaction. 54 The fact that he is primarily describing English contract law reinforces the view that this is a common choice of governing regime for international parties, bringing much work to the London courts.…”

mentioning

confidence: 99%

International commercial contracts: autonomy and regulation in a dynamic system of merchant law

Hutchison¹,

Myburgh²

2020

Research Handbook on International Commercial Contracts

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mentioning

confidence: 99%

International commercial contracts: autonomy and regulation in a dynamic system of merchant law

Hutchison¹,

Myburgh²

2020

Research Handbook on International Commercial Contracts

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A review of performance-geared contracting

Odongo

Wang

Bishoge

et al. 2019

TQM

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Purpose The purpose of this paper is to provide a systematic review of numerous writings addressing quality performance-geared contracting (PC) and self-stated performance. Design/methodology/approach The study systematically reviewed 134 refereed papers across various fields published between from 2000 to 2018. A categorization framework of PC is suggested addressing fundamental dimensions of its plan and management. Findings The relative analysis of pertinent articles advancing interdisciplinary perspective encourages learning and provides knowledge about quality management in organizations especially at individual and organizational levels. Research limitations/implications The outcomes indicate that much of the present-day wide-ranging performance contracting studies do not have robust theoretical grounds. Studies are also inclined to certain theories for instance agency theory and play down other theories with the likelihood of contributing to quality management. Practical implications Performance contracting between citizens and public entities is important in that the written contract limits what the public entities, for instance, the government can and cannot do and informs on the rights and privileges of citizens, thus contracts to form the core of a free society. Originality/value This review demonstrates that performance contracting is useful in performance improvement if proper job design and contract management exist.

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Performance-Oriented Contracting—A Review

Odongo

Wang

2019

IEEE Eng. Manag. Rev.

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Contract law minimalism

Cited by 3 publications

References 178 publications

International commercial contracts: autonomy and regulation in a dynamic system of merchant law

International commercial contracts: autonomy and regulation in a dynamic system of merchant law

A review of performance-geared contracting

Performance-Oriented Contracting—A Review

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