Handbook of Management Scales/Contractual safeguarding
Contractual safeguarding[edit | edit source]
Description[edit | edit source]
A previously used measure of contractual provisions was used. It contains a list of eight contractual safeguards based on legal literature. For each item it was asked to indicate whether this contractual provision is applied in the respective cooperation.
Definition[edit | edit source]
Contractual safeguarding enables cooperation partners to set forth their mutual rights and obligations through the specification of inputs to and expected outputs from the cooperation (Shenkar & Zeira, 1992; Luo, 2002), the definition of processes by which exchanges will occur and any disputes will be resolved (Reuer & Ariño, 2007).
Items[edit | edit source]
Which of the following safeguards did you include into your cooperation contract?
- Rights to reports of relevant transactions. (56.5%)
- Notification rights for departures from the agreement. (73.7%)
- Auditing rights. (41.6%)
- Confidentiality provisions. (87.6%)
- Restrictions on proprietary information. (79.9%)
- Termination provisions. (78.0%)
- Arbitration clauses. (45.5%)
- Lawsuit provisions. (50.2%)
(percentage of respondents in the Raue & Wieland study in brackets)
Source[edit | edit source]
Comments[edit | edit source]
Note that this construct is not reflective in nature. It can, thus, be used to measure contractual safeguarding as a moderator but not as a traditional multi-item scale.