This research identifies a model for the interpretation of a contract under Dutch law. The model answers the question of which method should be applied to interpret a contract in the contest of a... Show moreThis research identifies a model for the interpretation of a contract under Dutch law. The model answers the question of which method should be applied to interpret a contract in the contest of a specific case, considering existing legislation, case law and legal doctrine. The model indicates which method of interpretation (e.g., the objective-oriented method of interpretation) is applicable, based on a case specific selection and assessment of sources of interpretation (such as ‘the linguistic meaning of the wording’, ‘the pre-contractual phase’ or ‘trade usages’) by using contextual factors (e.g., ‘the nature of the contract’, ‘the nature and knowledge/experiences of the parties to the contract’ and ‘the manner of the formation of the contract’). A suitable method of interpretation can be identified and applied by selecting and balancing sources of interpretation in light of contextual factors. The model provides guidance on contract interpretation to parties engaged in a dispute about the meaning of the contract, and persons who need to solve such a dispute, such as judges and arbitrators. The law of evidence will also be considered. The model, as identified under Dutch law (see Chapters 2 to 5) will be evaluated and both foreign legal systems (English and French law) and transnational principles (the PECL, the DCFR and the PICC; see Chapters 6 to 8) will be considered. Show less
The thesis presents an exploration of the relationships between students’ motivation, represented by students’ personal goals, and the quality of cooperative learning (CL) processes of first and... Show moreThe thesis presents an exploration of the relationships between students’ motivation, represented by students’ personal goals, and the quality of cooperative learning (CL) processes of first and second year students, enrolled in secondary vocational schools. Special attention has been paid to contextual factors and their influence on the quality of CL, and to differences between students that are related to their gender, program type and ethnocultural background. Students’ goal preferences contributed just weakly to the explanation of the quality of CL, whereas students’ perceptions on contextual factors were important predictors. With regard to students’ goals, social support and mastery goals were most vital in predicting the quality of CL. Especially the extent that students were taught the appropriate knowledge, skills and rules for CL was found to be a crucial -and lasting- precondition for successful CL. Also the social climate in the classroom was important. Moreover, gender, program type and ethnocultural background had no direct effect on the quality of CL. Show less
