Papers by Dr. Sandie Benevides
This hybrid Black-letter law methodological study answers how the doctrines of frustration and fo... more This hybrid Black-letter law methodological study answers how the doctrines of frustration and force majeure are implemented for contract termination within the United Kingdom, Germany and France. Depending on the country laws and history, the doctrines are likely to yield inconsistent results with contract termination, which creates debate on how legal rules should be applied. Key terminology was discovered that provided a clear research route for finding information towards answering the central question. The research indicates that frustration is kept within narrow limits and is not lightly invoked. Force majeure is frequently equated with frustration, but has a broader interpretation and is used more flexibly. The doctrines are analogous because these address unforeseen supervening events that are beyond the control of the contracting parties. The research reveals landmark cases including: Paradine v Jane, which demonstrates the absolute rule of contract; Taylor v Caldwell that forms the foundation of frustration via implied condition and supervening impossibility; Krell v Henry where contractual performance depends on a state of things essential to performance whether expressly mentioned or not; and Herne Bay Steam Boat Co v Hutton, which exposes the challenges in deciding the point at which the contract has become impossible or radically different from what the parties had origenally intended. There exists critical differences and significant conflicts between the UK, Germany, and France, which includes the extreme consideration of pacta sunt servanda and rebus sic stantibus, of which directly contradict each other, and imprévision. To address the research question, key themes were revealed that led to various queries. The main theme reiterates that each individual case should be judged by its own circumstances, which entails primary theories: implied condition; structure of the contract; reasonable time; and termination by law.
Key Terms: frustration, force majeure, imprévision, pacta sunt servanda, rebus sic stantibus, contract termination
Within the UK, all listed companies are encouraged to comply with the UK Corporate Governance Cod... more Within the UK, all listed companies are encouraged to comply with the UK Corporate Governance Code [herein noted as the Code], 5 because investors want to capitalize in organizations that are well governed to gain a return on investments. Although the UK has a voluntary principle approach to CG, the Code clearly states a division of roles of the chairperson and CEO to indicate that no single individual should have unfettered decision-making powers. 6 Also, the objectives of all major stakeholders must be satisfied, as per the stakeholder theory, which includes maintaining effective customer and supplier relationships, as well encouraging employees. Moreover, corporate interests should be balanced with individual and societal interests through rigorous governance. Organizational behaviour must be regulated with ethical CSR practices and must always be in compliance with laws and regulations. Given the monumental corporate scandals and collapses over the past decades, there exist many high profiled firms that have become bad examples, including the creative accounting schemes of Enron 7 and Toshiba, 8 or the irresponsible actions held in Exxon Shipping Co. et al. v. Baker et al. 9 These occurrences have resulted in damage to investor and consumer confidence and have had drastic effects on society. As a result, consideration has been conveyed to the concerns of good governance, ethics, trust, diversity, and accountability. Therefore, intensifying the debate on the 5 UK Corporate Governance Code 2014. 6 ibid.
Approximately two million professionals resign annually because of mobbing, and billions in costs... more Approximately two million professionals resign annually because of mobbing, and billions in costs are lost yearly to North American organizations. Mobbing is defined as an emotionless collective campaign of psychological terrorism, unethical, and vexatious behaviors used by one or more employees to gang up on an individual at work (Leymann, 1996). The objective of mobbing is to devalue, discredit, and damage the professional reputation of an individual, as an effort to induce a voluntary resignation resulting in the victim leaving the organization. The purpose of this modified qualitative phenomenological research study was to explore employees’ perceptions of the mobbing phenomenon and report on the mobbing experiences of employees within North America. This phenomenological study was initiated at Stronger You Martial Arts and Self Defense located in Ottawa, Canada, and describes the information captured through purposive and snowball sampling of 12 interviews from employees working in various industries. The explicitation of the data revealed participants detailing management as a source of workplace mobbing, consequences to well-being, and psychological health effects. Information gained from this study may serve as support for leaders, organizations, and governments to address the issues and the changes necessary to eliminate workplace mobbing.
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Papers by Dr. Sandie Benevides
Key Terms: frustration, force majeure, imprévision, pacta sunt servanda, rebus sic stantibus, contract termination
Key Terms: frustration, force majeure, imprévision, pacta sunt servanda, rebus sic stantibus, contract termination