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Auswahl der wissenschaftlichen Literatur zum Thema „Pre-Contract Stage“
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Zeitschriftenartikel zum Thema "Pre-Contract Stage"
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CRETU, Georgeta, und Camelia SPASICI. „THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT“. Jurnalul de Studii Juridice 15, Nr. 3-4 (20.12.2020): 30–42. http://dx.doi.org/10.18662/jls/15.3-4/73.
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This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.
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Ji, Cong, Jasper Mbachu und Niluka Domingo. „Factors influencing the accuracy of pre-contract stage estimation of final contract price in New Zealand“. International Journal of Construction Supply Chain Management 4, Nr. 2 (31.12.2014): 51–64. http://dx.doi.org/10.14424/ijcscm402014-51-64.
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Establishing and prioritising the factors that may influence the final contract price when responding to a call for tenders is crucial for proper risk analysis and reliable forecasting; it could make or mar the ability to achieve expected profit margin in an era of lump sum fixed price contracts where clients often contest variation claims. In New Zealand, these factors have not been researched; hence estimators rely only on judgement to ‘guess-estimate’ in their price forecasting. This study aimed to fill the knowledge gap by investigating the priority factors. 150 responses from professional members of the New Zealand Institute of Quantity Surveyors were analysed using multi-attribute method. Results showed thirty-seven factorswhich could influence the final contract price; the three most influential being poor tender documentation, complexity of design & construction, and completeness of project information. Other factors relating to project, client and contractor characteristics, design consultants and tendering conditions, estimating practice and external factors were reported. Concordance analysis indicated high level of agreement amongst survey participants in the rank-ordering of the relative importance of the identified factors. The findings could assist quantity surveyors to prepare more reliable contract price estimates at the pre-contract stage. It would also improve construction-stage cost control.
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Gardiner, Avery W. „Reproductive Health: Massachusetts Court Holds Contracts Forcing Parenthood Violate Public Policy“. Journal of Law, Medicine & Ethics 28, Nr. 2 (2000): 198–200. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00018.x.
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On March 31, 2000, the Massachusetts Supreme Judicial court ruled that a contract awarding custody of frozen pre-embryos to the wife upon divorce was unenforceable because it violates public policy. This is the first reported case to address a contract between the clinic and the parties where the contract would have awarded the pre-embryos to one of the gamete providers. The decision in A.Z. v. B.Z. 431 Mass. 150 (2000) differs from decisions in the two other courts of last resort deciding related cases where enforcement of contracts was supported. This case represents an important development in the legal doctrines associated with frozen pre-embryos as it explicitly differs from the other courts’ decisions in addressing pre-embryos at the same developmental stage.
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Rahayu, Sang Ayu Putu. „PRINSIP HUKUM DALAM KONTRAK KERJASAMA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI“. Yuridika 32, Nr. 2 (24.08.2017): 333. http://dx.doi.org/10.20473/ydk.v32i2.4774.
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The main issues elaborated in this legal research are the legal principles of tender during a pre-contractual stage and the principles of contract law on Cooperation Contract known as Production Sharing Contract (PSC) based on Laws Number 22 Of 2001 Concerning Oil and Gas. The type of this research is normative study and the approach of this research are conceptual approach, statute approach, and case approach. There are two results in this research. Firstly, in the process of tender during a pre-contractual stage of Cooperation Contract, the principles of responsive competition, transparency and the principle of accountability must be applied. The principle of responsive competition is the most important to be implemented since the tender process produces a competition to get a working area. In addition, the tender process of Cooperation Contract is also related to the principles of transparency and accountability that plays to protectthe interests ofthe state and to get a competent contractor.Secondly, in formation and performance of the Cooperation Contract, the principle of proportionality sharing should be emphasized, especially when formulating the proportion of production sharing. Cooperation Contract is also related to the principle of transparency that plays an important role on state revenues from the upstream oil and gas business activities, because a transparent process will result in optimal outcomes. Finally, in Cooperation Contract, the principles of responsive competition, transparency, accountability, and the principle of proportionality sharing should be clearly stated in the rules and legal norms.
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Kullolli, Dr Brunela. „Confidentiality - A Two-Appeal Principle“. European Journal of Social Sciences 1, Nr. 3 (29.11.2018): 53. http://dx.doi.org/10.26417/ejss.v1i3.p53-60.
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This article analysis relates to the creation of conditions for the conclusion of the contract.This is the moment when the negotiating parties determine whether there will be a contract or not. This is the stage that in the best case is finalized with the contract signing.Known as the pre-contractual stage, it is considered as the foundation of the contractual relationship.Conduct in good faith at the stage of entering into a contract would also avoid causing potential damages and liability".- The first part gives , of Completion of the contract in good faith, is a legal requirement under the Civil Laë tradition, but unlike the requirement for pre-contractual trust, finds place in the Common Law tradition.In this part of the study, the detailed treatment of the manner of performance of the contract will be set aside, focusing mainly on the obligations that dictate its fulfillment in good faith and the liability incurred in the event of its absence . The second part is concentrated, Contract Interpretation. The third part will be treated as a brief and comparative overview of the common law of Civil Law in the interpretation of the contract, taking into account the main interpretative criteria, to underline the main differences between them. Among all the criteria, the focus will be on trust, which is sanctioned as a special criterion of interpretation by the Civil Law countries. The fourth part analysis the validity of the contract.In this last part of the chapter, I will try to clarify the confusion created between the rules of contract validity and the rules of conduct, as well as the role and impact of the breach of the trust principle in the validity of the contract. Conclusions .Regarding the situations that arise for the damage that comes to the parties from non-fulfillment of obligations and breach of the principle of good faith during the contract's formation, it is necessary to clarify how the type of damage that came during the pre-contractual phase and which interest has failed to realize one of the parties. In fact, this is a genuine duty of the court which, as the case may be, must specify exactly: the responsibility of the parties, the interest that has been violated, the type of damage that has been caused.Keywords: contract law ,internal law ,contractual relation,internal contract interpretation, civil law
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Mapar, Mahsa, Mohammad Javad Jafari, Nabi-allah Mansouri und Sara Maheronnaghsh. „Proposing an Index to Determine the Contract Level at the Pre-Contract Stage from the Viewpoint of Health, Safety and Environment (HSE)“. International Journal of Occupational and Environmental Safety 3, Nr. 1 (05.04.2019): 41–52. http://dx.doi.org/10.24840/2184-0954_003.001_0004.
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The level of contractor’s HSE is a major concern in outsourcing of the works for large organizations. In each tender a rational level of HSE holding by the contractors is recommended to reduce the project costs. By investigating the classification procedure of the contracts available in reliable manuals and models at international level, 6 main criteria were selected for determining the contract level from the viewpoint of HSE. Also, an indicator, called "contract separation" was proposed by weighting the criteria. Initial weight of the main criteria along with their scoring in this indicator was determined by applying sub-criteria characteristics, namely "specialized workforce", "man-day required for meeting the criteria", "required technology", and "impact of criterion on planning the next steps of the contract". Then, by preparing a questionnaire and applying the experts' opinion, the final weight of the criteria was specified, based on which all the contracts of Shahid Tondgouyan Oil Refinery Company in Tehran were divided into four levels, namely (1) advanced, (2) moderate, (3) basic, and (4) exempted from the initial HSE assessment. Results of the present study showed that the operational risk level had the highest impact percentage on determining the level of contract compared with other criteria, which indicates that regardless of other criteria, in case the level of contract risk is high, some special HSE measures should be planned for that contract according to the advanced contracts. Also, cost of the contract had the lowest weight; although cost of the contract is one of the most effective criteria in the contract classification, it cannot by itself represent the magnitude of the contract from the HSE perspective and its impact must be considered along with other criteria associated with HSE in order to determine the contract level.
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Chi, Yang, und Xu Hong. „Managing Professional Promotion Mechanism for Rural Teachers at the Pre-service Stage“. IRA International Journal of Education and Multidisciplinary Studies 17, Nr. 3 (30.07.2021): 122. http://dx.doi.org/10.21013/jems.v17.n3.p2.
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Rural teachers' pre-service stage professional promotion mechanism refers to a series of rule-based systems of incentives, constraints and guarantees implemented to promote rural teachers' professional growth before they enter into the profession. At present, although the pre-service stage professional promotion mechanism of rural teachers in China has various forms and fruitful contents, the effectiveness of its implementation is very limited. This paper argues that the enrolment mechanism of orientation and priority for rural children, the training mechanism of public funding and contract flexibility, and competition for entry into the countryside, with the compilation of the post, are the current effective mechanisms to promote the professional growth of rural teachers at the pre-service stage.
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Pratama, Bagus Yoga, Ibrahim R und Desak Putu Dewi Kasih. „PERANAN NOTARIS DALAM PEMBUATAN PERJANJIAN BUILD OPERATE AND TRANSFER (BOT)“. Kertha Semaya : Journal Ilmu Hukum 9, Nr. 1 (12.12.2020): 1. http://dx.doi.org/10.24843/ks.2020.v09.i01.p01.
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Penelitian ini bertujuan untuk menganalisis tentang perkembangan hukum mengenai build operat and transfer (BOT) terkait tahapan dalam proses pembuatan perjanjiannya dan peranan Notaris dalam pembuatan Akta BOT. Jenis penelitian ini adalah penelitian yuridis normatif dengan menggunakan pendekatan perundang-undangan. Sumber bahan hukum yang digunakan terdiri dari bahan hukum primer dan sukunder. Mengenai tehnik penggumpulan bahan hukum menggunakan tehnik bola salju dan metode analisis yang digunakan adalah analisis deskriptif. Hasil dari penelitian ini adalah bahwa dalam pembuatan perjanjian BOT antara pihak Badan Usaha Milik Negara (BUMN) dengan pihak swasta harus melalui beberapa tahap, yakni tahap awal kontrak (prakontrak), tahap kontrak dan tahap selesai kontrak (pasca kontrak). Adapun peranan Notaris pada pembuatan perjanjian BOT adalah sebagai pihak yang ditengah atau netral untuk memberikan saran kepada pihak untuk menuangkan keinginannya dalam bentuk perjanjian.
This study aims to analyze the legal developments regarding the making of build operat and transfer (BOT) in the stages of making the agreement and the notary business in making it. This type of research is a normative juridical research using a statutory approach. The resource of legal material is used consists of primary and secondary legal materials. The technique of collecting legal materials using snowball techniques and the analytical method used is descriptive analysis. The results of this research are: first, in making BOT agreements between State-Owned Enterprises (BUMN) and the private sector, it must go through several stages, the initial stage of the contract (pre-contract), the contract stage and the contract completion stage (post-contract). The role of the notary in making the BOT agreement is as a middle or neutral party to provide suggestions to parties to express their wishes in the form of an agreement.
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Ali, Jabir, und Sushil Kumar. „Understanding the contract structure for mango and empirical analysis of its determinants“. British Food Journal 117, Nr. 8 (03.08.2015): 2161–81. http://dx.doi.org/10.1108/bfj-12-2014-0435.
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Purpose – The purpose of this paper is to analyze the structure of contractual arrangements in mango orchards and factors affecting the mango contract design in India. Design/methodology/approach – The study is based on personal structured questionnaire survey of 83 contractors in one of the major mango growing areas in India. A snowball sampling approach was adopted to select suitable respondents for the study. Descriptive statistics have been computed to understand the contractor’s response on contract attributes. Factor analysis was used to categorize the contractors’ responses on various attributes of the mango contract. Further, a logistic regression model has been developed to determine the factors affecting the contract decisions. Findings – The study identifies nine aspects of mango contracting covering orchard owner, orchard and contract management characteristics. Further, a logistic regression model has been developed to assess the factors affecting the contractor’s decision on the time of entering into mango contracting, i.e. pre-flowering or post-flowering stage. Regression analysis results clearly indicate that contractors who prefer pre-flowering contracts pay significantly higher attention to contract management attributes. On the other hand, those contractors who normally enter in contract once the mango trees have flowered are more likely to pay attention to orchard-related features. Practical implications – Specifically, the results have implications for contract terms, contract efficiency and effectiveness and overall performance. Finally, the study provides suggestions for a future research agenda to analyze mango production contracts. Originality/value – Though contracting in mango growing is a common phenomena, there is limited analysis on identifying the key contract attributes and factors affecting the contract structure.
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Yin, Yi Lin, und Peng Juan Li. „Study on Risk Allocation and Management Performance Measurement of Construction Project“. Applied Mechanics and Materials 638-640 (September 2014): 2346–50. http://dx.doi.org/10.4028/www.scientific.net/amm.638-640.2346.
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Recently, risk allocation (RA) has become a research focus as a pre-variable for its damaging to the improvement of project management performance (PMP), but the related measured operations were absence. Based on the theory of incomplete contract, firstly, this paper mapped the initial contract,renegotiation and contract efficiency into the whole process of project RA, constructed a three-stage theoretical models including initial risk allocation (IRA) for contracting , project management performance (PMP) and risk reallocation for contract performance, and depicted their measuring dimensions. Secondly, this paper developed RA measure scale based upon questionnaire design and empirical analysis, and the reliability and validity were analyzed. The research guided significance for contractual arrangements for the project RA and exploring relevance to other variables.
Dissertationen zum Thema "Pre-Contract Stage"
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Kisamfu, Rehema Aman. „Investigating Contractual Challenges of Performing Cost Control in Building Construction Projects“. Thesis, KTH, Fastigheter och byggande, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-297855.
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Quantity Surveyors are considered as the most qualified cost specialists in the construction industry, with their experiences and skills in cost management and control as well as contract management. However, this role is not well recognized in Sweden compared to other countries such as the UK where it’s originated from. And so, the construction industry in Sweden uses other professions for the roles that were supposed to be done by quantity surveyors or cost managers. As a result, the quantity surveyors that have penetrated the Swedish construction industry, face challenges to perform their duties specifically in this case, cost control due to several circumstances. This study has looked into different contractual challenges that face quantity surveyors while performing cost control in building projects. Also, recommendations have been made to help mitigate these challenges and improve cost control in projects. In this master thesis, qualitative study has been performed where quantity surveyors were interviewed regarding cost control and the contractual challenges, they face in building construction projects. The findings were analysed with a theoretical framework and discussed together with previous research and knowledge and in this study principal – agent theory was used. The results of the study showed that poor planning, late involvement of the quantity surveyors in projects, lack of effective communication and poor contract management are the main challenges that face quantity surveyor in performing cost control in building projects. To overcome these challenges, the author suggests that there is a need of increasing awareness on the importance of having quantity surveyors and clearly establish their roles in projects, have proper communication plan, proper contract management and improve skills on quantity surveying software.Kvantitetbesiktningsman anses vara de mest kvalificerade kostnadsspecialisterna inom byggbranschen, med sina erfarenheter och färdigheter inom kostnadsstyrning och kontroll samt kontrakthantering. Denna roll är dock inte välkänd i Sverige jämfört med andra länder som Storbritannien där den härstammar från. Och så använder byggbranschen i Sverige andra yrken för de roller som skulle göras av kvantitetsmätare eller kostnadsansvariga. Som ett resultat står de kvantitetsmätare som har trängt igenom den svenska byggbranschen inför utmaningar att utföra sina uppgifter specifikt i detta fall, kostnadskontroll på grund av flera omständigheter. Denna studie har undersökt olika avtalsmässiga utmaningar som möter kvantitetsmätare när de utför kostnadskontroll i byggprojekt. Dessutom har rekommendationer gjorts för att mildra dessa utmaningar och förbättra kostnadskontrollen i projekt. I detta examensarbete har en kvalitativ studie utförts där kvantitetbesiktningsman intervjuades angående kostnadskontroll och de kontraktsmässiga utmaningar som de står inför i byggprojekt. Resultaten analyserades med en teoretisk ram och diskuterades tillsammans med tidigare forskning och kunskap och i denna studie användes princip - agentteori. Resultaten av studien visade att dålig planering, sen involvering av kvantitetsmätarna i projekt, brist på effektiv kommunikation och dålig kontrakthantering är de viktigaste utmaningarna för kvantitetsmätaren när det gäller att utföra kostnadskontroll i byggprojekt. För att övervinna dessa utmaningar föreslår författaren att det finns ett behov av att öka medvetenheten om vikten av att ha kvantitetsmätare och tydligt fastställa sina roller i projekt, ha korrekt kommunikationsplan, korrekt kontrakthantering och förbättra färdigheterna i kvantitetsmätningsprogramvara.
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Wallace, W. A. „The influence of design team communication content upon the architectural decision making process in the pre contract design stages“. Thesis, Heriot-Watt University, 1987. http://hdl.handle.net/10399/975.
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Patterns of communication in the decision-making process of Design Team Architects are considered. Variations in the verbal content of Architect and other Design Team member interaction behaviour are analysed over the various stages of the design process. A pilot study building design and a main subject study building design are investigatted on a longditudinal basis. Fourteen other building designs are investigated on a cross sectional basis. The presented results represent a data collection period of approximately eighteen months. Design Team interaction is measured using content analysis. The measurement scales used are largely based upon existing methodologies, although some measurement scales are developed specifically for this research. Quantitative data analysis is by mainframe computer, using analysis programs which are developed specifically for this research. Additional qualitative substantiations are provided by extracts of supportive interview responses. The results show pronounced patterns of variation in the interaction content of Design Team members throughout the design process over a range of design types. The conclusions are of use to Design Team members since they illustrate the likely patterns of future interaction for the future stages of any design process. Potential areas of interaction conflict are presented, together with likely variations in Design Team member preoccupations as the design develops. Reference to the results allow the Designer to design in order to avoid likely design interaction problems associated with long term variations in Design Team interaction behaviour. Results indicate that the Architect becomes less assertive during the middle stages of the design, as does the influence of the initial brief. The Architect is consistently the most creative Design Team member, although cost considerations increasingly influence the decision-making process of the Architect, largely at the expense of aesthetic considerations. The professional Design Team members increasingly form a coalition against the Client Representative, to some extent as a defence against late stage disruptive cost reduction exercises, as construction factors increasingly influence interaction behaviour.
Bücher zum Thema "Pre-Contract Stage"
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Buchanan, Allen. Precommitment Regimes for Intervention. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190878436.003.0009.
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This chapter presents and justifies an alternative to a democratic coalition for authorizing humanitarian military intervention: a precommitment regime whereby a democratic, legitimate government at serious risk for being violently overthrown or that is vulnerable to a resurgence of ethno-national violence could enter into a contract with a state or coalition of states that would pre-authorize intervention under certain circumstances. Such a precommitment contract would be revocable at will by that government or any legitimate successor government. The details of the precommitment contract are spelled out and the case is made that such an arrangement is feasible and that it has the advantage of being an exercise of state sovereignty rather than a violation of it. This chapter is a modified version of a previously published paper co-authored with Robert O. Keohane.
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Campbell, McLachlan, Shore Laurence und Weiniger Matthew. Part II Ambit of Protection, 6 Investment. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0006.
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Chapter 6 explores the central concept of ‘investment’. It first considers the core question of the definition of ‘investment’ under the ICSID Convention and under investment treaties. It then takes up four important issues: (1) the time when an investment is made in relation to the temporal scope of the treaty protections; (2) the extent to which pre-contract investment may obtain treaty protection; (3) the place of an investment; and (4) the role of host State law in defining ‘investment’. It then analyses a set of problems that arise out of indirect investments: the relation between the losses suffered by a subsidiary in the host State and the investor’s investment; the rights of minority shareholders; claims brought by holding companies; corporate restructuring as a means to gain the advantage of investment treaties; the position of ultimate beneficiaries; and the position of portfolio investments.
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Volintiru, Clara. Tax Collection without Consent. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796817.003.0010.
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This chapter examines tax collection in pre-modern Romanian provinces. Similar to the other case studies in this volume, legitimacy, the balance of powers, and administrative capacity influence greatly the fiscal and state-building process. Romanian rulers did not seek popular consent, nor did they actively engage in any form of social contract. Taxes were predominantly a burden imposed on behalf of neighboring foreign powers, or exploitative noblemen. Public goods and services were often provided by the Church. This chapter also explains some of the differences between the historical provinces. In the semi-periphery of the Ottoman Empire, fiscal collection was not a priority for the impoverished population, but rather the responsibility of patrimonial rulers. In contrast, social norms and institutional context encouraged fiscal compliance in the urban areas of Transylvania, where a nascent bureaucratic system provided the benefits of predictability and rule enforcement for tradesmen and guild workers.
Buchteile zum Thema "Pre-Contract Stage"
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Chan, Caroline T. W. „Approximate estimating techniques in the pre-contract stage“. In Estimating and Measurement for Simple Building Works in Hong Kong, 79–92. Second edition. | Abingdon, Oxon; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.1201/9781003017837-8.
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Zaraphonitis, George, Timoleon Plessas, Andreas Kraus, Hans Gudenschwager und Gregor Schellenberger. „Parametric Optimisation in Concept and Pre-contract Ship Design Stage“. In A Holistic Approach to Ship Design, 209–45. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-02810-7_7.
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Thompson, Mark P., und Martin George. „6. The Transfer of Freehold Land“. In Thompson's Modern Land Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198722830.003.0006.
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Land may be transferred by sale and upon death. The process of buying or selling a house is known as conveyancing and involves three stages: the pre-contract stage, in which the buyer and the seller conclude the negotiations and make an agreement as to the sale of the property; the formation of the contract; and the completion of the transaction when the property is conveyed or transferred to the buyer and the seller receives the purchase money. This chapter deals with the transfer of freehold land in England via sale or upon death. It discusses the pre-contract stage, contracts made before 27 September 1989 and after 26 September 1989, terms of the contract, failed contracts, estoppel, electronic conveyancing, the effect of the contract after it has been signed by both parties in land transfer, transmission of the legal estate, testate succession, and intestacy.
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Poole, Jill, James Devenney und Adam Shaw-Mellors. „9. Misrepresentation“. In Contract Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803850.003.0009.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations and briefly explains the distinction between commercial contracts and the remedies available to consumers under the CPRs 2008.
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Poole, Jill, James Devenney und Adam Shaw-Mellors. „9. Misrepresentation“. In Contract Law Concentrate, 200–222. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840442.003.0009.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations, and briefly explains the distinction between commercial contracts and the remedies available to consumers under the CPRs 2008.
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Poole, Jill, James Devenney und Adam Shaw-Mellors. „9. Misrepresentation“. In Contract Law Concentrate, 192–213. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897336.003.0009.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations, and briefly explains the distinction between commercial contracts and the remedies available to consumers under the Consumer Protection from Unfair Trading Regulations 2008.
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Benbaji, Yitzhak, und Daniel Statman. „A Contractarian Account of the Crime of Aggression“. In War By Agreement, 71–97. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199577194.003.0003.
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The purpose of this chapter is to explain the moral standing of jus ad bellum as it is formulated in the UN Charter. According to the contract that the Charter embeds, any armed violation of a state’s territorial integrity by another state is an instance of prohibited aggression. As we read it, the Charter confers a moral right against aggression even on states whose borders are unjustly drawn, and even on dangerous states whose political society is irrecoverably divided. In return, states gain a right to go to wars whose aim is to defend their territorial integrity even when such wars are pre-contractually unjust.
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Harvig, Lise. „Land of the Cremated Dead: On Cremation Practices in Late Bronze Age and Early Iron Age Scandinavia“. In Cremation and the Archaeology of Death. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198798118.003.0021.
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As contract archaeology has emerged and larger connected areas have been excavated since the 1990s, focus has naturally changed from single finds of graves right below plough soil or in connection to mounds, towards the study of the surrounding cultural landscapes. In the Late Bronze Age and the Pre- Roman Iron Age settlements seldom overlap grave sites. This implies that the ‘land of the dead’ was considered separate from the ‘land of the living’. Although regionally differentiated, we further gain a better understanding of many of these accumulated grave sites and their gradual change during the transition period. In many cases we see a change from a personalized commemoration of the cremated dead in the Late Bronze Age, towards a focus on the act of cremation (rather than the post-cremation human body) around the beginning of the Iron Age. The increasing commemoration of pyre remains instead of human remains and deliberate ‘cremation’ of personal belongings in the Early Iron Age indicates a shift in funeral tempi from the post-cremation deliberate burial in the Bronze Age towards the actual cremation process as the primary locus of transformation in the earliest Iron Age. Throughout time, societies have grasped death, the dead, and the duration of death in very different manners. The process of death and relating to different stages of death may be more or less ritualized, that is, subject to specific repeated rules or laws within a society. Whether used to speed up or slow down the process of transformation—for example, keeping, embalming, dismembering, or exhuming the body in various stages—these rituals help the living create death through their acts. In interpretive archaeology we analyse these meaningful acts in the past and their continuation or discontinuation. Decoding single sequences within these acts therefore helps us designate non-negotiable repetitive actions in the archaeological record, as the material evidence of shared ‘embodied knowledge’ in a given prehistoric society (Nilsson Stutz 2003, 2010). Decoding and separating past actions and post depositional disturbances—the degree of intentionality—are crucial for plausible reconstructions of post-cremation treatment of cremated human remains.
Konferenzberichte zum Thema "Pre-Contract Stage"
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Vera, Tomas, Sergio F. Ochoa und Daniel Perovich. „Requirements engineering in the pre-contract stage“. In SAC '21: The 36th ACM/SIGAPP Symposium on Applied Computing. New York, NY, USA: ACM, 2021. http://dx.doi.org/10.1145/3412841.3442009.
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Harrop, Grenville. „The AP1000® PWR Project Moving Toward Completion in China“. In 2013 21st International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icone21-15664.
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The AP1000® pressurized water reactor (PWR) is the first and only Generation III+ nuclear power plant to be granted design certification by the United States Nuclear Regulatory Commission. The initial deployment of this technology has been the construction of dual AP1000 units in each of two coastal sites in the People’s Republic of China (PRC), at Sanmen (Zhejiang Province) and Haiyang (Shandong Province). The contracts for these units were framed to support the PRC’s intention to achieve self reliance in its nuclear supply infrastructure. Westinghouse is implementing its innovative supply chain strategy, “We Buy Where We Build”™, to promote the technology transfer and increasing levels of localization needed as each unit is constructed. Since the initial contract award in 2007, the Westinghouse Consortium and the purchasers, State Nuclear Power Technology Corporation of China (SNPTC), the Shandong Nuclear Power Company (SDNPC), and the Sanmen Nuclear Power Company (SMNPC) have worked in harmony to build the units using advanced modular construction techniques that reduce construction timescales and associated risks. First-of-a-kind (FOAK) plant components have been manufactured and delivered, including reactor vessels, steam generators, and other safety equipment. With construction and equipment installation in the final stages, the planning and implementation of the pre-operational testing, system turnover, and commissioning are now underway to prepare for fuel load and future commercial operation.
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James, Mendos. „The Contract Regime for Unitisation and the Impact of Production Sharing Contracts on Joint Development in Nigeria“. In SPE Nigeria Annual International Conference and Exhibition. SPE, 2021. http://dx.doi.org/10.2118/208230-ms.
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Abstract Unitisation has evolved globally as the best mechanism for the joint development of hydrocarbon bearing reservoirs that straddle two or more concessions or licenses. The concept of unitisation is underpinned by the need to avoid competitive exploitation of hydrocarbon resources, maximise its economic recovery, eliminate proliferation of production facilities and reduce development and operating cost.1 The practice of unitisation in the Nigerian oil and gas landscape has gained traction over the years with several straddle fields identified as candidates for unitisation and more than ten (10) agreements for joint development (both Pre Unitisation Agreements and Unitisation and Unit Operating Agreements) executed in the industry. This has occurred under a regulatory regime for unitisation that has evolved from the concise provisions of Section 48 of the Petroleum (Drilling and Production) Regulation 1969 as amended, to the robust Guidelines for Unitisation issued by the Department of Petroleum Resources (DPR) in 2008 (revised in 2019) (Guidelines) in response to the complexities of joint development encountered by parties. While the Guidelines is an excellent attempt at providing a process for unitisation, it does not provide sufficient guidance on the contract regime for unitisation as the bedrock for joint development. A critical look at the contracts governing joint development in the light of global best practices is important to ensure that it meets in an effective manner the objectives of unitisation. A review of the contract regime for unitisation would be incomplete without recognising the impact that underlying contracts governing separate concessions have on unitisation. To this end, the posture of Production Sharing Contracts (PSCs) on gas development in a unit is worth reviewing in the light of the benefits of commercialising gas to the State and the Contractor. This paper reviews the contract regime for unitisation in Nigeria as regulated by the Guidelines and the impact that underlying contracts (particularly PSCs) have on unitisation. The paper will proffer recommendations for inclusion in the Guidelines with a view to improving the process of joint development of shared reservoirs in Nigeria.
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Yang, B. T., G. Meng, P. Y. Xu, X. T. Tan, Z. Q. Feng und D. H. Yang. „Magnetostrictive Blocked-Force Clamping Mechanism for Secure and Heavy-Load Inchworm Motion“. In ASME 2009 Conference on Smart Materials, Adaptive Structures and Intelligent Systems. ASMEDC, 2009. http://dx.doi.org/10.1115/smasis2009-1268.
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The capability of inchworm motor for long-displacement, heavy-load and precise positioning is greatly conditioned by the effectiveness of the clamping mechanism. A need exists in the art for clamping mechanism capable of delivering precise and heavy load motion. This paper presents a novel giant magnetostriction material (GMM) application to the development of such mechanism. GMM is advantageous over other smart materials in this particular aspect by its remarkable magnetostriction and especially the huge blocked stress. It can, e.g., display around 4000N at moderate magnetization with a φ25×100mm GMM rod. Most desirably, such large force could be used as clamping force in inchworm movement. However, the force can only be generated under blocked state, which is generally hard to reach, especially in a moving regime. Addressing this problem, the research utilizes GMM rod’s capacity to both positively stretch and negatively contract under permanent-magnet-biased condition and presents a specially designed clamping mechanism, a permanent-magnet-biased actuator fastened in a rigid guideway. Being applied reverse magnetic field, the formerly stretched actuator may contract to a suitable size to be put into the rigid guideway. Then, removal of the field will theoretically result in the restoration of the actuator. Practically, stretching of the actuator is blocked by the rigid guideway. This forms the so-called Pre-blocked-clamping-on state, where no-power fastening behavior exists. Moreover, the blocked force is adjustable. When being applied the same-direction field as the permanent one, the blocked force becomes greater (Blocked-clamping-on state). When being applied adequate reverse field, the blocked force is diminished with the shrinking of the actuator, till the actuator released from the rails (Blocked-clamping-off state). This process realizes the utilization of blocked force in clamping action, thus provides resolution for secure and heavy load inchworm motion. A clamping mechanism prototype (Size:φ32×130mm, with a φ10×100mm GMM rod) has been realized. The design and working process of the setup is presented. Through experiments, the prototype can be facilely manipulated by square-instant and sinusoid-continuing current and it can agilely perform to meet the proposed blocked force the proposed clamping principle.
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Bott, Steven, Rob MacKenzie, Mike Hill und Thomas Hennig. „At the Forefront of In-Line Crack Inspection Services: A Highly Versatile Crack Inspection Platform for Complex Flaw Morphologies and Absolute Depth Sizing“. In 2020 13th International Pipeline Conference. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/ipc2020-9386.
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Abstract In 2014, Enbridge published a request for proposals to develop and provide a solution on a specific type of long seam cracks in a 26” pipeline. In-line inspection technologies available at the time were not able to consistently and accurately characterize the crack threat, although the line was successfully hydrostatically tested in 2015. During the early stages of the project, NDT Global analyzed in detail Enbridge’s requirements, including the specific challenges, spool type, seam weld characteristics etc. and provided different proposals to Enbridge. In 2016, both parties signed a development contract to develop and build a 26” Next Generation Crack Inspection Platform (Proton). The project was divided into various stages to support a successful project that met performance requirements based both on pump tests and a field trial supported by investigative digs and coupon cutouts. The robot developed is a highly versatile crack inspection platform: it allows to be set up in a configuration optimized for the given threat, pipeline conditions, inspection speed and medium characteristics. This optimization of the configuration allows choosing the optimum measurement modes for flaws in the base material and in the seam weld independently. Additionally, the local wall thickness even in the seam weld is measured accurately. These capabilities allow the operator to collect the best data for each situation. Feeding the information into the crack management program allows Enbridge to maintain the target reliability of the asset. The robot was utilized successfully in the 26” pipeline. Processing, data analysis and reporting were performed within pre-agreed periods. Initial field findings and lab tests show high correlation of ILI and real flaws and proof the stated accuracy of the new service. The authors will present in detail some of the specific challenges of the pipeline system and limitations of available crack inspection technologies. Validation results from in-the-ditch non-destructive examination and destructive freeze breaks including cross sections from flaws with complex morphologies will be shown. Performance statistics and comparison to previous inspection results will be used to demonstrate that the new robot can be used as part of an effective crack management program.