Academic literature on the topic 'Contract for valuable consideration'
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Journal articles on the topic "Contract for valuable consideration"
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Shi, Zunya, Nengmin Wang, Tao Jia, and Haoxun Chen. "Reverse Revenue Sharing Contract versus Two-Part Tariff Contract under a Closed-Loop Supply Chain System." Mathematical Problems in Engineering 2016 (2016): 1–15. http://dx.doi.org/10.1155/2016/5464570.
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The importance of remanufacturing has been recognized in research and practice. The integrated system, combining the forward and reverse activities of supply chains, is called closed-loop supply chain (CLSC) system. By coordination in the CLSC system, players will get economic improvement. This paper studies different coordination performances of two types of contracts, two-part tariff (TTC) and reverse revenue sharing contract (RRSC), in a closed-loop system. Through mathematical analysis based on Stackelberg Game Theory, we find that it is easy for manufacturer to improve more profits and retailer’s collection effects by adjusting the ratio of transfer collection price through RRSC, and we also give the function to calculate the best ratio of transfer collection price, which may be a valuable reference for the decision maker in practice. Besides, our results also suggest that although the profits of the coordinated CLSC system are always higher than the contradictory scenario, the RRSC is more favorable to the manufacturer than to the retailer, as results show that the manufacturer will share more profits from the system through RRSC. Therefore, RRSC has attracted the manufacturers more to closing the supply chain for economic consideration.
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Szalkai, Zsuzsanna, and Mária Magyar. "Strategy from the perspective of contract manufacturers." IMP Journal 11, no. 1 (2017): 150–72. http://dx.doi.org/10.1108/imp-06-2015-0028.
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Purpose The purpose of this paper is to investigate the strategy of contract manufacturers (CMs). The research question is the following: how can the strategy of CMs be explained? The purpose is to better understand this activity though using different theoretical approaches and analyzing two customer relationships of a Hungarian CM, Videoton Holding. Design/methodology/approach The primary theoretical background is the relational view of strategy, and the concept of the business model is used for the analysis. The authors confront the literature about this topic in strategic management using the industrial marketing and purchasing approach to strategy; namely, strategizing. Through the case study of Videoton the authors explore how the company became a highly developed CM from its origins as an original equipment manufacturer company. Findings Through comparing theory the authors have created a research framework which is adapted to the empirical findings. In the CM’s strategy it is crucial to understand how partners are able to synchronize key propositions, key resources and key actors while taking the network of the firms into consideration. Originality/value The paper is novel in that the authors investigate the strategy of a supplier from their own perspective, not that of a customer. Applying and contrasting different theoretical approaches to this particular topic may considered to be valuable as well.
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Li, Fan. "The orientation and characteristics of the inheritance agreement in China and Russia: comparative legal research." Legal Science in China and Russia, no. 4 (September 16, 2021): 26–34. http://dx.doi.org/10.17803/2587-9723.2021.4.026-034.
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Recently, great changes have taken place in the inheritance agreement system in China and Russia. Article 1140.1 of CCRF has recognized inheritance agreement in 2019 instead of prohibiting it previously. In China, bequest support agreement is stipulated in legislation, and inheritance attendance agreement is recognized in judicature. Article 464 of the Contract Book of CCPRC of 2020 opens up the legal application of inheritance agreement.China’s inheritance system has its unique characteristics, for example, there is no difference between estate and legacy, the distinction between testamentary succession and bequest is based on whether the subject has the status of legal successor rather than the disposition of estate or legacy, there is no difference between successio in universumius and successio in singulas res, the heritage debt is the legal burden of positive heritage, heritage debt shall not be disposed of in a will, the bequest shall not be exempted from the heritage debt, there are only legal successors but no heir other than legal successors and testamentary successors are only legal successors who inherit by will, there is no forced share but an absolute necessary share for any successor who has neither the ability to work nor the source of income, and neither inheritance agreement nor gift contract is formal. All of those determine that its inheritance agreement must have many characteristics different from those of Europe.For example, there is a strict distinction between the bequest support agreement with non legal successor as supporter and the inheritance attendance agreement with legal successor as supporter; there is no inheritance renunciation agreement with valuable consideration positively, but the one with negative consideration that a renunciation of the inheritance right is in exchange for exemption of the specifi c performance of attendance; it is suffi cient that the donatio mortis causa has the effect of gift contract, and it is not necessary to act as the inheritance agreement.China’s orientation of the inheritance agreement is mainly with consideration and centered on support for the old, while Russia’s orientation is mainly without consideration and centered on the disposition of inheritance right in the designated inheritance agreement. In particular, China and Russia have launched a challenge to the doctrine that the effect of inheritance agreement is prior to that of will.
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Tipping, Andrew. "Obligations in Contract, Tort and Equity: Reliance, Responsibility, and the Moral Dimension: Essay in honour of Sir John McGrath." Victoria University of Wellington Law Review 52, no. 3 (2021): 643–62. http://dx.doi.org/10.26686/vuwlr.v52i3.7336.
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I publish this essay to honour the memory of Sir John McGrath. I sat with Sir John for a number of years, first in the Court of Appeal and then in the Supreme Court. Professional respect soon turned into friendship. While we did not always agree, I always respected his views. They were carefully considered and fully researched. John gave detailed consideration to the opinions of others but was very much his own man when it came to his ultimate conclusion. His innate caution in departing from the well-trodden path was a valuable contribution in a final appellate court. Stability is an important feature of any legal system. And John provided that quality, but not at the expense of innovation when that was clearly desirable and could be achieved in a principled way. John's passing, so soon after his retirement, was a great loss, not only to his wife and family, but also to his many friends and colleagues, both in the law and beyond.
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Jaradt, Nashat Mahmoud, and Ijaz Ur Rehman. "Legal considerations to international contracts in the recent Greece financial crisis." International Journal of Law and Management 60, no. 3 (2018): 814–23. http://dx.doi.org/10.1108/ijlma-11-2016-0141.
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Purpose This research aims to focus on what has happened in light of the Greece legal crisis in terms of international contracts and what legal situations have arisen. Design/methodology/approach This research focuses on what has happened in light of the Greek legal crisis in terms of international contracts and what legal situations have arisen. The overall situation in relation to international contracts and risk mitigation is discussed to analyze the efforts that have been made. The state of affairs in the country with regard to facilitating financial trade and enabling Greeks to send payments abroad or at the rate they need to is also explored. Findings The effects of financial crisis on international trade contracts as they relate to commercial businesses without taking into consideration the wider contractual obligations that Greece, as a country, have already defaulted on. The crux of the current crisis is the fact that Greece did not stick to the commitments it made to the European Union when it joined the eurozone and took on euro as their currency, replacing the drachma. It is important to understand that due to the scope of the economic crisis in the Greece, it is not simply the other contractual party’s creditworthiness and trustworthiness that are at issue, it is their ability to keep any promises in whatever climate arises in their country. Research limitations/implications The study is based on the financial crisis in Greek. Further research is needed to investigate the applicability of the findings in different contexts. Originality/value The study findings are believed to be valuable for international commercial contracts with regard to the Greek debt crisis in discussing the financial legal situation, facilitating trade and enabling Greeks to send payments abroad or at the rate they need. The study contributes to a better understanding of international commercial contract system.
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Peer, Kimberly S., and Chelsea L. Jacoby. "Powerful Lessons from Cuban Medical Education Programs: Fostering the Social Contract in Athletic Training Programs." Athletic Training Education Journal 14, no. 4 (2019): 275–82. http://dx.doi.org/10.4085/1404275.
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Context The Cuban medical education and health care systems provide powerful lessons to athletic training educators, clinicians, and researchers to guide educational reform initiatives and professional growth. Objective The purpose of this paper is to provide a brief overview of the Cuban medical education system to create parallels for comparison and growth strategies to implement within athletic training in the United States. Background Cubans have experienced tremendous limitations in resources for decades yet have substantive success in medical education and health care programs. As a guiding practice, Cubans focus on whole-patient care and have established far-reaching research networks to help substantiate their work. Synthesis Cuban medical education programs emphasize prevention, whole-patient care, and public health in a unique approach that reflects disablement models recently promoted in athletic training in the United States. Comprehensive access and data collection provide meaningful information for quality improvement of education and health care processes. Active community engagement, education, and interventions are tailored to meet the biopsychosocial needs of individuals and communities. Results Cuban medical education and health care systems provide valuable lessons for athletic training programs to consider in light of current educational reform initiatives. Strong collaborations and rich integration of disablement models in educational programs and clinical practice may provide meaningful outcomes for athletic training programs. Educational reform should be considered an opportunity to expand the athletic training profession by embracing the evolving role of the athletic trainer in the competitive health care arena. Recommendation(s) Through careful consideration of Cuban medical education and health care initiatives, athletic training programs can better meet the contract with society as health care professionals by integrating the Accreditation Council for Graduate Medical Education's core competencies of patient care, medical knowledge, practice-based learning and improvement, interpersonal and communication skills, professionalism, and systems-based practice now promoted in the Commission on Accreditation of Athletic Training Education's 2020 Standards for Accreditation of Professional Athletic Training Programs. Conclusion(s) Educational and health care outcomes drive change. Quality improvement efforts transcend both education and health care. Athletic training can learn valuable lessons from the Cubans about innovation, preventative medicine, patient-centered community outreach, underserved populations, research initiatives, and globalization. Not unlike Cuba, athletic training has a unique opportunity to embrace the challenges associated with change to create a better future for athletic training students and professionals.
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Żok, Krzysztof. "Cloud Computing Contracts as Contracts for the Supply of Digital Content: Classification and Information Duty." Masaryk University Journal of Law and Technology 13, no. 2 (2019): 133–60. http://dx.doi.org/10.5817/mujlt2019-2-1.
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Cloud computing contracts are among the most frequently concluded contracts over the Internet. Until now, however, they have been considered mainly from the perspective of data protection and intellectual property laws. Although these analyses provide valuable insights, they do not fully cover an important area, i.e. consumer protection. The article focuses on the latter issue, taking Consumer Rights Directive as a reference point. The Directive is one of the latest acts concerning consumer protection in the European Union. It also introduces a new type of agreement that should cover cloud computing contracts. In addition, characteristically for European law, it provides for an information duty as a means of consumer protection. The article examines these two aspects by seeking an answer to the following questions: (1) do cloud computing contracts classify as contracts for the supply of digital content? And (2) do the provisions on information duty suit well cloud computing contracts? The analysis includes the results of empirical studies of these contracts. In the conclusion, the article states that the new type of contract may not significantly improve consumer protection, mainly due to the ambiguity resulting from recital 19 of the Directive. On the other hand, consumers may benefit from the provisions on information duty, though it does not directly address the main problems connected with cloud computing contracts.The article is divided into four parts. The first provides an introduction to the topic. The second discusses cloud computing contracts as contracts for the supply of digital content. The third analyses the provisions on information duty from the point of view of the contracts under consideration. Finally, the fourth summarises previous comments.
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Zhou, Wenxuan. "Analysis of Two Representative Acquisition Deals in Media and Entertainment Industries." Advances in Economics, Management and Political Sciences 20, no. 1 (2023): 39–46. http://dx.doi.org/10.54254/2754-1169/20/20230170.
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The deals in the dynamic media and entertainment industries have been paid great attention to in recent years. One of the most valuable things that companies competed for was customers attention. Hence deals were made to provide unparalleled technologies or content. The case studies adopted in this study are objective and specific. Focusing on the analysis of two representative acquisition deals in the media and entertainment industries, this article gives a comprehensive introduction to Walt Disney Company, Pixar Animation Studios, Microsoft Corporation and Activision Blizzard, lists essential contract terms and summarizes the changes. To conclude, in the process of merger or acquisition, technologies and entertainment content are key elements in companies consideration. Through exchanging and sharing resources, parties involved in the deals could achieve a win-win relationship. Nevertheless, there are also many problems that need to be solved, including the interference of the third party, cultural conflict and changing market requirements.
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Song, Jiali, Zhiwei Rong, Xinwen Zhong, et al. "Practice and Consideration of Master Protocol in Clinical Trials." Tumor Discovery 2, no. 2 (2023): 342. http://dx.doi.org/10.36922/td.342.
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There is great interest in accelerating late-stage therapy development by efficiently performing a trial design with multiple therapies or multiple subpopulations simultaneously under a single protocol. The master protocols are termed to describe the design of such trials, with a variety of terms such as umbrella, basket, or platform describing specific designs, which are, in contrast to the traditional trial designs, full of complexity. What should we consider in designing a trial ensuring the safety of human subjects and demonstrating the efficacy of new therapy? This paper overviews the master protocol framework, comprehensively unifies the definitions and illustrates essential design elements of representative example trials conducted in drugs and medical devices. Besides, to understand the master protocols deeply, it is also a need to summarize the commonly-used types of master protocols in various disease and treatment fields, along with the reasons for these phenomena by analyzing the characteristics of the diseases, the mechanism of therapeutic products, and the principles of various types of master protocols. Finally, we also propose practical considerations, including the design, ethical, statistics, and funding considerations that arise from implementing complex master protocols to help practitioners better design and identify potential valuable therapies.
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Khan, Mr Afroz. "Suicide Clause in Various Life Policies in India." IJOHMN (International Journal online of Humanities) 1, no. 1 (2017): 1–14. http://dx.doi.org/10.24113/ijohmn.v1i1.1.
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Life insurance policy is a contract between the policy holder (assured) and the insurer (insurance company), where the insurer promises to pay a designated beneficiary a sum of money (a “premium”) upon the death of the insured person. In return, the policy holder agrees to pay a stipulated amount (at regular intervals or in lump sums). In nutshell, life policies are legal contracts and the terms of the contract describe the limitations of the insured events. Specific exclusions are often written into the contract to limit the liability of the insurer; common examples are claims relating to suicide, fraud, war, riot and civil commotion. Suicide means a wilful and intentional act on the part of the self-destroyer. It includes every act of self-destruction. Policies of life insurance contain conditions by which the liability of the insurer is modified and limited in case of suicide by the assured. Where there is such a clause in a policy, the insurer can avoid the policy. The position in England and in India is different on this issue. In England suicide is a crime and hence no money is payable if a person commits suicide while in a sane state of mind. On the other hand if the assured was insane at the time of committing suicide, the sum due can be recovered by his legal representatives. Under the Indian law, suicide in itself is not an offence, and as such a policy cannot be avoided on the ground of suicide, unless the policy otherwise provides. Suicide will, however, not affect the rights of assignee, if the policy holder had assigned the policy for valuable consideration. The burden of proving suicide is upon the insurers and where the cause of death is not known, the presumption is against suicide and the policy cannot be avoided. This same is followed in India. According to this approach, the claim would be barred on a contractual level because the assured cannot be the author of his own loss, and on a broader level, because the law will not allow him to benefit from his own criminal acts. This paper examines the development of law and policy in relation to claims on life insurance policy where the assured or insured has committed suicide after the commencement of the policy and the effect of suicide clause in life insurance contract. Is that the present practice of insurance companies to insert suicide clause in life policies, indirectly promotes commercial suicide in cases of intentional suicides.
Dissertations / Theses on the topic "Contract for valuable consideration"
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Kao, Wiyao. "Le contrat portant sur une chose future : essai d’une théorie générale." Electronic Thesis or Diss., Poitiers, 2020. http://www.theses.fr/2020POIT3015.
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L'expression « contrat portant sur une chose future » signifie que les contractants peuvent valablement stipuler que la chose due sera future ; ils peuvent ainsi contracter sur une chose corporelle ou incorporelle qui n'existe pas encore, du moins dans son entièreté. Depuis la vente romaine de chose future, les contrats portant sur une chose future se sont diversifiés. La pratique de ces contrats est devenue courante en raison de leur importance économique. Prenant la mesure de cette diversité et de cette richesse, la réflexion sur le contrat portant sur une chose future a été envisagée sous le propos de théorie générale.Les contrats portant sur une chose future sont des figures familières sans que l'on les remarque forcément. Il convenait de les identifier dans un premier temps. Ce qui les caractérise et que l'on voit rapidement est que, chacun de ces contrats suppose une chose future qui en constitue l'objet ; la présente étude en propose une définition claire et distincte. Ce que l'on perçoit peut-être moins à l'analyse de ces contrats et qui, pourtant, leur est caractéristique, est qu'ils sont toujours des contrats commutatifs et non des contrats aléatoires. Ce trait montre que la théorie romaine de la vente de chose future, telle qu'elle a été toujours présentée, doit être utilisée aujourd'hui avec beaucoup de précautions pour expliquer tout le mécanisme du contrat portant sur une chose future.L'identification du contrat portant sur une chose future s'est poursuivie avec une référence à l'anticipation. Celle-ci est une explication doctrinale de l'article 1130 ancien, alinéa 1er, du Code civil qui disposait : « L'obligation peut avoir pour objet une chose future. » Elle explique aujourd'hui encore, après la réforme du droit des contrats, le nouvel article 1163, alinéa 1er. Ces trois références ou critères (la chose future, l'absence d'aléa et l'anticipation) ont permis d'identifier, d'un côté, les contrats spéciaux portant sur une chose future et, de l'autre côté, les sûretés conventionnelles portant sur une chose future.Après identification des divers contrats portant sur une chose future, il importait d'étudier leur régime juridique dans un second temps. Le contrat portant sur une chose future se distingue par deux règles communes et spécifiques : d'abord la naissance à la charge du débiteur d'une obligation préalable de faire consistant à faire advenir la chose promise en participant à sa création ou en exécutant un autre contrat ; et ensuite, la naissance au profit du créancier d'un droit éventuel, qui est le droit pur et simple en germe. En outre, la plupart des développements sur la validité et sur l'inexécution du contrat portant sur une chose future relèvent du droit commun du contrat. Les problématiques abordées n’ont pas permis de relever des spécificités tenant à l'aspect chose future, objet de la prestation.Sur le plan de la notion et du régime, il y a au total cinq critères et règles communs sur lesquels on peut s'appuyer pour parler de théorie générale du contrat portant sur une chose future<br>The expression "contract relating to a future thing" means that the contracting parties may validly stipulate that the thing due will be future; they may thus contract on a tangible or intangible thing that does not yet exist, at least in its entirety. Since the Roman sale of a future thing, contracts relating to a future thing have diversified. The practice of these contracts has become commonplace because of their economic importance. Taking the measure of this diversity and richness, reflection on the contract for a future thing has been considered under the heading of general theory. Contracts relating to a future thing are familiar figures without necessarily being noticed. It was necessary to identify them first of all. What characterizes them, and what is quickly apparent, is that each of these contracts presupposes a future thing which constitutes their object; this study proposes a clear and distinct definition of them. What is perhaps less obvious from an analysis of these contracts, and yet characteristic of them, is that they are always commutative contracts and not random contracts. This feature shows that the Roman theory of the sale of a future thing, as it has always been presented, must be used today with great care to explain the whole mechanism of the contract for a future thing. The identification of the contract relating to a future thing continued with a reference to anticipation. This is a doctrinal explanation of former article 1130, paragraph 1, of the Civil Code, which provided: "The subject-matter of an obligation may be a future thing". It explains even today, after the reform of the law of contract, the new article 1163, paragraph 1. These three references or criteria (the future thing, the absence of contingency and anticipation) have made it possible to identify, on the one hand, special contracts relating to a future thing and, on the other hand, contractual securities relating to a future thing. Once the various contracts relating to a future thing had been identified, it was important to study their legal regime in a second stage. A contract relating to a future thing is distinguished by two common and specific rules: first, the debtor is under a prior obligation to do something which consists in making the promised thing happen by participating in its creation or by executing another contract; and second, the creditor has a possible right, which is the pure and simple right in germ, in favour of the creditor. Moreover, most of the developments on the validity and non-performance of a contract relating to a future thing fall under the general law of contract. The problems discussed did not make it possible to identify any specific features relating to the aspect of the future thing, the object of the service.In terms of the concept and the regime, there are a total of five common criteria and rules on which to base a general theory of the contract relating to a thing in the future
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Twyford, John. "The doctrine of consideration the role of consideration in contract modifications /." Sydney : University of Technology, Sydney. Faculty of Law, 2002. http://hdl.handle.net/2100/286.
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Šebeková, Veronika. "Srovnání institutů consideration a kauzy v smluvním právu." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-10347.
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This master thesis focuses on a comparison of two contract law institutes -- consideration and cause. While the former is an Anglo-American legal concept, the later is of civil law origin. The goals of this comparative study are as follows: 1. to analyze consideration and cause with the emphasis on the problematic aspects; 2. to compare the institutes with regard to their function in contracts formation; 3. to assess their reasonableness and consider alternative solutions which could better comply with the requirements of modern contract law. The structure of the paper corresponds to the above-mentioned aims.
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Spierings, Charlotte. "Unilateral conduct in English private law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:72c0ec9c-f2fa-47cf-a3c6-03ce1dc3f041.
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This thesis explores the question how unilateral conduct can create, vary or discharge obligations in English private law and how unilateral conduct is regulated. First, it is explained that the reason for asking this question follows from the candidate’s background in a civil law jurisdiction, in which unilateral juridical acts are regarded a category of legally relevant behaviour. After observing the obstacles in English law to the recognition of the civil law concept of unilateral juridical acts, a number of examples of unilateral conduct are identified that create legal effect. The focus of the thesis is on examples of unilateral conduct that create, vary or discharge obligations. English law allows the creation of obligations by unilateral conduct only in very specific instances. It is observed that unilateral conduct can create or transfer property rights. The different approach is explained primarily by deeply rooted distinction in English law between words and acts. Subsequently, the thesis discusses how unilateral conduct is regulated. For some issues, notably interpretation, revocability and the intention to create legal effect, similar rules apply to the different examples of unilateral conduct. For other issues, especially mistake and form requirements, the rules diverge. It is concluded that unilateral conduct forms a category of legally relevant behaviour in English law. This category is divided in unilateral conduct that creates obligations, quasi-contractual unilateral conduct that varies or discharges obligations and unilateral voluntary property transactions. Whereas quasi-contractual unilateral conduct is closely related to contracts and should thus generally be regulated in a manner similar to contracts, the unilateral voluntary property transaction is a distinct concept, to which specific rules apply.
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Wilmot-Smith, Frederick J. "Failure of condition." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:93ab182a-be71-489a-88e8-1479d9b8efb3.
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This thesis is an investigation of a doctrine generally known as ‘failure of consideration’, but which I term ‘failure of condition’. I have two principal aims. First, to clarify quite what the doctrine of failure of condition is. Secondly, to explain why it has the effects it does – in particular, why it justifies the response of restitution. The doctrine, at core, concerns conditional transfers: when a transfer is made conditionally, and the condition fails, the transfer can be recovered. For this reason, I term the doctrine ‘failure of condition.’ I investigate the nature of this relationship and argue that the reason why the transfer is conditional is that the agent’s intention to make the transfer was itself conditional. The justification of restitution is a more complex affair than is customarily accepted – but there is a valid justification lurking not far from the surface of orthodoxy. A secondary concern of the thesis is to re-examine an old theory in the field of common mistake, frustration and termination following a breach of contract. It used to be thought that these doctrines could be explained by failure of condition. That theory has fallen out of favour – it seems that no one accepts it today. This rejection rests upon a confusion over the nature of the doctrine of failure of condition. Once the nature of this doctrine has been clarified, we can see how closely the various doctrines align with one another; we can also see where the true difficulty with the failure of condition explanation lies.
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Venter, Cindy Michelle. "An assessment of the South African law governing breach of contract : a consideration of the relationship between the classification of breach and the resultant remedies." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/49835.
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Thesis (LLM)--University of Stellenbosch, 2005.<br>ENGLISH ABSTRACT: The South African system of breach of contract recognizes several distinct forms of
breach. each encompassing its own set of requirements. Before one is able to
determine the outcome and accordingly the rights of each contracting party in respect
of an alleged breach of contract. the factual situation must be fitted into one of the
recognized forms of breach. This has resulted in a highly complex system of breach
of contract and resultant remedies.
The existence of a direct relationship between the form of breach present in a factual
situation and the remedies available to the innocent party is a fundamental premise of
South African law and one that is often accepted without much investigation. This
thesis investigates the extent of this interdependence and to establish whether this
intricate system is necessary from a practical and a theoretical point of view.
To this end. the thesis examines the less complex system of breach of contract as
embodied in the United Nations Convention on Contracts for the International Sale of
Goods C·CISG'·) which has been widely adopted in international trade. and which has
provided a template for the reformation of various national systems of law. This study
concludes that the South African approach to breach of contract and remedies is in
need of reform. and that a unitary concept of breach could provide a basis for both a
simplification and modernization of our law.<br>AFRIKAANSE OPSOMMING: Die Suid-Afrikaanse Kontraktereg erken verskeie verskyningsvorms van
kontrakbreuk, elk met sy eie besondere vereistes. Ten einde die uitkoms van
probleemsituasies waarin kontrakbreuk beweer word te bepaal en derhalwe die regte
van die betrokkenes uit te kristalliseer. moet die feitestelonder die een of ander vorm
van kontrakbreuk tuisgebring te word. Hierdie benadering het 'n besonder komplekse
stelsel van kontrakbreuk en remedies tot gevolg.
'n Fundamentele uitgangspunt van die Suid-Afrikaanse stelsel is dat daar Il direkte
korrelasie bestaan tussen die tipe van kontrakbreuk wat in 'n bepaalde geval
teenwoordig is en die remedies waarop die onskuldige party kan staatmaak. Hierdie
siening, wat meerendeel sonder bevraagtekening aanvaar word, vorm die fokuspunt
van hierdie ondersoek. Die oogmerk is om die praktiese nuttigheid en teoretiese
houbaarheid van die benadering vas te stel.
As 'n vergelykingspunt neem die tesis die vereenvoudigde sisteem van kontrakbreuk
beliggaam in die Verenigde Nasies se Konvensie aangaande die Internasionale
Koopkontrak ("CISG"). Hierdie verordening geniet wye erkenning in die
Internasionale Handel en het alreeds die grondslag gevorm van verskeie inisiatiewe
vir die hervonning van Il aantal nasionale regstelsels. Die gevolgtrekking is dat die
Suid-A frikaanse benadering tot kontrakbreuk en die remedies daarvoor hervorming
benodig en dat die opvatting van 'n sg uniforme kontrakbreuk as 'n basis kan dien vir
die vereenvoudiging en modernisering van ons reg.
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Miller, Saul. "The consequences of contractual failure in South African and Scots law : a comparative study into certain legal effects of termination after breach of contract with consideration of the analytical implications for termination after supervening impossibility of performance/frustration and for termination of a contract which is voidable by reason of improperly obtained consent." Thesis, University of Edinburgh, 2006. http://hdl.handle.net/1842/29278.
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This thesis considers certain consequences following contractual failure in South African and Scots law in comparative perspective. Three species of contractual failure are under review: termination after breach; termination after supervening impossibility/frustration; and termination of a contract which is voidable by reason of improperly obtained consent. The focus is on the following: (a) the legal effect of termination for breach on the contractual nexus between the parties; (b) the claim which allows a party to enforce a right to a contractual performance after contractual failure; (c) the claim for the return of a contractual performance (or the value thereof) conferred prior to termination for breach; (d) the claim designed to redress the economic imbalances between the parties after supervening impossibility of performance/frustration; and (e)the claims designed to redress the economic imbalances between the parties after termination of a contract rendered voidable by reason of improperly obtained consent. The central argument is that in choosing between defensible doctrinal alternatives to regulate the consequences of contractual failure, a legal system must not rely exclusively on abstract taxonomic arguments, historical arguments or comparative arguments. I argue that this choice should be made after careful consideration of the principles of recovery underpinning a particular remedy and the consequences of imposing liability according to a particular doctrinal set of rules. The proper doctrinal basis of a particular remedy is the one which, having due regard to the consequences of imposing liability according to a doctrinal set of rules, most accurately reflects these principles of recovery.
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Koranda, Vladimír. "Protiplnění při povinné nabídce převzetí a vypořádávání při nedobrovolném snížení podílu akcionáře." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-16374.
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This work deals with valuable consideration when changes of ownership of equity securities occur in connection with corporate changes in joint-stock company, especially with unwilling changes -- rise of registered capital with excluding the priority subscription right (§ 204a/5 of the Commercial Code), unwilling transfer of shares on the major shareholder (§ 354 of the "Act on the changes of commercial companies and associations") and squeeze out (§ 183i of the Commercial Code). Valuable consideration defines relatively in detail the Takeover Bid Act. This framework could be to certain extent analogically used for valuable consideration in unwilling transaction. However, its definition itself offers a considerable room for interpretation, so is also seized as the independent secondary topic (chapter 1). The main topic concerns two basic aspects. The first is a company evaluation. In this aspect we will take a look only at the dependence of the expert providing the evaluation on major shareholder (chapter 5). Work aims at the second problematic aspect of unwilling transaction - a premium over the valuable consideration for the infringement of right (chapter 2, especially section 2.4.). The work also deals with unevaluated risks of minority shareholders in the period beginning the day to which the company was evaluated to time of the pay out of ownership (chapter 4).
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Gabayet, Nicolas. "Les contrats publics à l'épreuve de l'aléa en droit anglais et français." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1004.
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La question du traitement de l’aléa affectant les contrats publics semble opposer de façon « incommensurable » les droits anglais et français. Si le droit français est doté de règles de droit objectif permettant, dans l’intérêt général, le traitement de l’aléa affectant les contrats publics sans accord des parties, rien de tel n’existe en droit anglais ou la règle de la force obligatoire commande l’intangibilité de l’accord initial. La comparaison anglo-française permet, grâce à cet antagonisme, de mettre en exergue les ressorts profonds du traitement de l’aléa affectant les contrats publics au travers de l’opposition théorique entre force obligatoire et intérêt public. Dans cette perspective, les règles générales permettant, en droit français, le traitement de l’aléa sans accord des parties apparaissent comme étant fondées sur une conception économique et téléologique du contrat et de sa force obligatoire, que l’on peut également identifier dans certains aspects du droit anglais des contrats. En outre, le mode de traitement de l’aléa priviligié en Angleterre aussi bien qu’en France est l’accord de volontés – initial ou subséquent. Néanmoins, les possibilités de modification du contrat en cours d’exécution sont drastiquement limitées par le droit de l’Union européenne. A l’inverse, les stipulations initiales qui tendent à ériger, du fait de la généralisation des clauses standardisées, un régime contractuel autonome de traitement de l’aléa, apparaissent désormais comme le mode incontournable d’adaptation des contrats publics en cours d’exécution<br>The question of the treatment of uncertain/unforeseen events affecting public contracts seems to oppose in an immeasurable way English and French laws. While, in French law, general rules provide, in the public interest, the treatment of uncertain/unforeseen events affecting public contracts without the consent of the contractors, no such provisions exist in English law, where the sanctity and intangibility of contract prevails. Thank to this antagonism, the proposed comparison enables to highlight the deep motivations of the treatment of uncertain/unforeseen events affecting public contracts, through the theoretical opposition between sanctity of contract and public interest. In this respect, the general rules allowing, in French law, the treatment of the uncertain/unforeseen events without the consent of the parties appear to be based on an economic and teleological approach of the contract and its biding force. Surprisingly, the latter approach can also be noticed, in some respects, in the English law of contracts. Moreover, the priviledged mean to treat uncertain/unforeseen events in England as well as in France is the agreement of the parties – whether ex ante or ex post. Nonetheless, the possibilities of variating the contract in the course of its performance have been drastically limited by the European Union law. By contrast, the intial terms which tends to erect an autonomous regime of treatment of uncertain/unforeseen events through the spreading of standard terms appear to be the major and indispensable mean of adaptation of public contracts in the course of their performance
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Lamouroux, Guillaume. "Les subventions aux entreprises privées : contribution à l'analyse civile et fiscale de l'acte neutre." Electronic Thesis or Diss., Bordeaux, 2021. http://www.theses.fr/2021BORD0018.
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Si les réflexions menées sur la notion de subvention foisonnent en droit public et en science financière, le droit privé fait preuve à son égard d’une certaine indifférence. Celle-ci est d’autant plus préjudiciable que le phénomène des subventions consenties aux et par les entreprises privées ne peut qu’imparfaitement être appréhendé à travers le prisme de l’analyse classique de ces matières, à savoir que la subvention est une aide financière accordée sans contrepartie par une personne publique. L’étude des subventions aux entreprises privées permet donc d’apprécier la pertinence de cette analyse classique et propose un renouvellement de la notion de subvention à un triple titre.Tout d’abord, à rebours de l’analyse de droit public, la subvention doit être qualifiée non pas d’acte unilatéral, mais de contrat unilatéral. Il ne faut pas, en effet, confondre l’expression du consentement de la personne morale, résultant d’un acte unilatéral, avec l’acte de subvention, ayant une nature contractuelle. Ensuite, la subvention n’est qu’une variété d’aide financière. Elle se caractérise par un transfert direct de valeurs du patrimoine de l’auteur de la subvention à celui de son bénéficiaire, les valeurs étant toujours affectées à la réalisation d’un but déterminé. Ces deux éléments sont essentiels, car ils permettent de distinguer la subvention d’autres aides aux entreprises (telles qu’un abandon de créance, un prêt ou une opération pour un prix minoré ou majoré) et de mettre en évidence que l’affectation de la subvention n’engage pas son bénéficiaire à l’exécution d’une obligation, mais plus justement au respect de cette finalité en raison de la force obligatoire du contrat. En cas de méconnaissance, l’entreprise subventionnée s’expose alors à la résolution du contrat pour inexécution, toute exécution forcée étant impossible au regard de l’atteinte qu’elle porterait à sa liberté de gestion. Enfin, la subvention n’est pas exactement une aide sans contrepartie, mais plutôt une aide sans contrepartie directe. Si son auteur recherche alors souvent une contrepartie indirecte de l’attribution de la subvention, il n’en retire parfois aucune. Cette alternative fait apparaître toute la spécificité de la subvention, puisqu’elle peut être consentie soit à titre gratuit soit à titre onéreux. En d’autres termes, la subvention est un acte neutre, d’où les nombreuses difficultés pratiques qu’elle suscite. Plus précisément, en tant que contrat neutre, la subvention ne trahit pas sa cause et il faut alors déterminer dans chaque cas si le but de son débiteur est intéressé ou désintéressé. Cette recherche est indispensable, car la subvention consentie à titre gratuit, notamment par une entreprise privée, entraîne une réaction du droit des sociétés – violation du principe de spécialité – du droit fiscal – acte anormal de gestion – et du droit pénal. La mise en évidence de telles limites à la liberté de subventionner les entreprises privées contribue alors à révéler l’identité civile et fiscale de l’acte neutre<br>While the notion of subsidy is widely discussed within public law and financial science, private law remains relatively indifferent to this subject. This is particularly detrimental given that the concept of subsidies for and by private companies can only be imperfectly assessed via the classical analysis of these subjects where a subsidy is viewed as an unconditioned financial support. Studying subsidies to private companies thus enables us to assess the appropriateness of this classical analysis and to suggest a renewed understanding of subsidies on three aspects.Firstly, unlike in public law, a subsidy must be viewed as a unilateral contract, not a unilateral act. It is important indeed not to confuse the expression of consent by a legal entity, which results from a unilateral act, with the act of granting a subsidy, which is contractual in nature. A subsidy is also just a type of financial support. It is characterized by a direct wealth transfer from the grantor of the subsidy to its beneficiary, valued on the achievement of a specific goal. These two elements are essential as they differentiate a subsidy from other types of private companies’ support mechanisms (such as debt relief, loans, underpriced or overpriced transactions) and show that being goal-oriented does not commit the beneficiary to realizing the stated objective, rather it is the binding nature of a contract that enforces this obligation. In case of non-compliance, the subsidized entity will be subject to the contract’s termination clauses for being in default of its contractual obligations, a forced contractual compliance being not possible as it remains a management decision. Finally, a subsidy is not exactly an unconditioned financial support, rather it is a support without direct obligations. If its grantor often aims to obtain a direct benefit against the issuance of a subsidy, it often obtains nothing. This alternative reflects the specificity of a subsidy as it can be given for free or not. In other words, a subsidy is a neutral act which explains its numerous practical difficulties. More precisely, as a neutral contract, a subsidy does not express a specific reason, in each case it must thus be assessed if the issuer has a vested interest in the granting of the said subsidy. This research is of great interest, as a subsidy granted for free, in particular by a private enterprise, has consequences in terms of company law – breach of the “specialty” principle – tax law – customary managerial decisions – and criminal law. Showing the limits of the freedom to subsidize private companies contributes to reveal the civil and tax identity of a neutral act
Books on the topic "Contract for valuable consideration"
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Law of contract in India: The doctrine of consideration. Deep & Deep Publications, 1985.
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United States. Government Accountability Office. Iraq contract costs: DOD consideration of Defense Contract Audit Agency's findings : report to Congressional Committees. U.S. Government Accountability Office (441 G St. NW, Rm. LM, Washington, D.C. 20548), 2006.
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(Firm), West, ed. The elements of contract drafting with questions and clauses for consideration. 3rd ed. Thomson/West, 2011.
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Authority, Sea Fish Industry, and Commission of the European Communities. Directorate-General for Fisheries., eds. Consideration of recently tested methods for changing the selectivity of towed fishing gears: Concerted Action contract. Sea Fish Industry Authority, 1995.
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Broadbent, Jane. Practice managers and practice nurses: Gatekeepers and handmaidens : a consideration of the effects of the new generalpractitioner contract. Sheffield University Management School, 1994.
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United States. Congress. House. Committee on Rules. Providing for the consideration of H.R. 3136, the Contract with America Advancement Act of 1996: Report (to accompany H. Res. 391). U.S. G.P.O., 1996.
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United States. Congress. House. Committee on Rules. Providing for the consideration of H.R. 3136, the Contract with America Advancement Act of 1996: Report (to accompany H. Res. 391). U.S. G.P.O., 1996.
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Rules, United States Congress House Committee on. Providing for the consideration of H.R. 1215, the Contract with America Tax Relief Act of 1995: Report (to accompany H. Res. 128). U.S. G.P.O., 1995.
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United States. Congress. House. Committee on Rules. Providing for the consideration of H.R. 1215, the Contract with America Tax Relief Act of 1995: Report (to accompany H. Res. 128). U.S. G.P.O., 1995.
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United States. Congress. House. Committee on Rules. Providing for consideration of the bill (H.R. 2740) to require accountability for contractors and contract personnel under federal contracts, and for other purposes: Report (to accompany H. Res. 702). U.S. G.P.O., 2007.
Find full textBook chapters on the topic "Contract for valuable consideration"
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Hough, Tracey, and Ewan Kirk. "Consideration." In Contract Law. Routledge, 2018. http://dx.doi.org/10.4324/9781315678283-3.
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Cooper, Tracey, and Ewan Kirk. "Consideration." In Contract Law, 2nd ed. Routledge, 2021. http://dx.doi.org/10.4324/9781003141266-3.
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Adriaanse, John. "Consideration." In Construction Contract Law. Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3_4.
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Adriaanse, John. "Consideration." In Construction Contract Law. Macmillan Education UK, 2010. http://dx.doi.org/10.1007/978-0-230-36600-8_4.
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McKendrick, Ewan. "Consideration and form." In Contract Law. Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-07873-5_5.
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McKendrick, Ewan. "Consideration and Form." In Contract Law. Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14657-4_5.
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McKendrick, Ewan. "Consideration and form." In Contract Law. Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60926-7_5.
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Morgan, Jonathan. "Enforceability: Consideration, Intention and Estoppel." In Great Debates in Contract Law. Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-48160-3_2.
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Stone, Richard, and James Devenney. "Consideration and other tests of enforceability." In The Modern Law of Contract, 14th ed. Routledge, 2021. http://dx.doi.org/10.4324/9781003143277-3.
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Stone, Richard, and James Devenney. "Consideration and other tests of enforceability." In The Modern Law of Contract. Routledge, 2019. http://dx.doi.org/10.4324/9780429325199-3.
Full textConference papers on the topic "Contract for valuable consideration"
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Ranjan, Vishal, Akash Damani, Kumar Gaurav, et al. "Combining Integrated Project Management with Agile Hydraulic Fracturing Workflow to Successfully Deliver Infill Well Campaign in Heterogeneous Tight Volcanic Reservoir." In Gas & Oil Technology Showcase and Conference. SPE, 2023. http://dx.doi.org/10.2118/214094-ms.
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Abstract Vedanta Ltd, Cairn Oil & Gas operates a tight gas field which produces majorly from the volcanic reservoir. Commercial production is possible post hydraulic fracturing which has been established through successful fracturing campaigns in the past. Hydraulic fracturing in volcanics is a complex operation due to the inherent heterogeneity and associated uncertainty of reservoir properties in these tight formations (~0.1 md). With added challenge of stimulating infill wells landed in partially depleted zones, fracturing becomes the key operation governing the ability to meet production target, project timelines and associated costs. Based on new seismic data obtained during field production and previous campaigns, Cairn executed a development campaign and is now following up with an infill campaign to improve and sustain the production plateau in the Raageshwari Gas reservoir. With consideration of economics of the field development, a strong focus on continuous improvement, optimization and developing the subsurface understanding along with lean and integrated project and contract management strategies to improve operational performance were key to achieving project objectives. A continuous improvement strategy through production technology initiatives was applied to stimulation campaign by re-designing completion, exhaustive data gathering/analysis and optimizing stage count, proppant volume through machine aided data analytics, testing and clean-up time, minimize hookup time to achieve execution targets and accelerate and maximize production time. Proppant onset calculations and well operating envelop were re-defined to ensure longevity to wells. Apart from summarizing the key learnings of the re-development campaign from a petroleum & completion engineering standpoint, the paper would emphasize on the challenges expected & observed and mitigation methods in the infill campaign - the most noticeable of the challenges being depletion. The project resulted in successfully completing 42 wells with ~ 250 frac stages and strategically placing ~ 63 million lb of proppants in gas producing zones. This lead to the production increment of ~ 40% to the overall production which has proven critical to plateau extension. The learnings also form the basis of the future infill campaign. Apart from the technical considerations, the paper would expand on the integrated project management strategies which resulted into achieving volume targets within the assigned budget while managing the local considerations and field specific challenges during the execution phase. This paper lays out a framework on optimized data collection, evaluation and integration for continuous improvement. It maps the uncertainties associated with highly laminated reservoirs and challenges to look at in an infill campaign. Most importantly the Integrated Contract & Project Management framework would provide operators with valuable insights to execute a frac intensive development/infill campaign within the planned budget/resources.
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Safronova, Anna. "FEATURES OF THE VISUAL LANGUAGE OF DOCUMENTARY PHOTOGRAPHY IN UKRAINIAN PHOTO BOOKS DEDICATED TO REVOLUTIONARY EVENTS IN UKRAINE." In 9th SWS International Scientific Conferences on ART and HUMANITIES - ISCAH 2022. SGEM WORLD SCIENCE, 2022. http://dx.doi.org/10.35603/sws.iscah.2022/s08.09.
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The purpose of the article is to analyze the features of the visual language of documentary photography and the actual ways of its presentation in the media space on the example of Ukrainian photo books dedicated to revolutionary events in Ukraine. The main problems of modern photojournalism connected with the development of digital technologies are presented, the value of a photo book as an independent project of a photographer is argued, since commercial photojournalism is largely determined by the narratives of its customer. The issues of the transformation of the language of photography both in modern journalism and in the photo project are considered, the main methods of creating the content of a photo story or photo series in photo books are substantiated. Traditional reportage documentary photography, intended for use primarily for commercial purposes in illustrated magazines, is also an important means of creating independent documentary projects or photo books. Such an approach is especially valuable if it reproduces important historical events, as in the Ukrainian photo books under consideration. Ukrainian photo books are distinguished by a variety of techniques for creating content and post-processing methods that appeal to the aesthetics of postmodernism. The use of filmy contrast black and white photography, grainy or blurry images, disruption of the composition, introduce a unique and original form of expressiveness into the photo book. Due to the documentary photography, direct nature of non-staged shootings and the original style of representation, Ukrainian photo books, which are both a document of history and a reflection of the subjective vision of the author, continue to arouse interest and resonate with the viewer.
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George, C. J., C. Varghese, and F. Kamal. "Offshore WTG Monopile Installation – Crane Vessel Preparation." In ADIPEC. SPE, 2023. http://dx.doi.org/10.2118/217050-ms.
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Abstract Oil and Gas EPC contractors in the Middle East are gradually transitioning into the Wind farm development projects in Far East Asia and Europe. NPCC, one of the leading contractors in the EPC of fixed oil and gas platforms in Middle East is executing the installation of Wind turbine generator (WTG) monopile foundations in an offshore field of Northeast Asia. Monopiles are simple type of structural foundation used to support the wind turbines in offshore fields and are designed to withstand the operational and environmental loads on the latter. A simple and common form of WTG foundation would be a single vertical monopile which differs from conventional offshore jacket piles with respect to its large diameter (8 meter) and weight (up to 1,950mt) based on the capacity of WTG. Installation of these piles requires specialized custom-made equipment for lifting, upending and standalone vertical driving. The foundations of fixed platforms typically consist of a jacket with a mud mat and drilled/driven grouted piles with a maximum diameter of 2.5 meters. These piles are crucial for supporting the process platforms or wellhead topsides. The conventional installation method involves transporting the jacket and piles on a cargo barge and installing them using a simple, dual block lifting system with or without upending clamps on the barge. However, when dealing with large diameter monopiles, the transport barge can only accommodate two of them. At offshore, these monopiles must be shifted to either a separate barge or a crane vessel equipped with a massive upending hinge for upending prior to installation / driving at final location. The installation aids used for wind farm foundation components are completely different and unique from those used for installing foundations of fixed oil and gas platforms. Unlike fixed jacket foundations where the jacket legs guide the pile installation and driving process, monopiles require a gripping system to hold them vertically in place during installation. Such equipment necessitates careful consideration for layout onboard, and this paper explores the challenges involved in modifying the crane vessel layout to accommodate WTG monopile installation. Transforming an existing derrick lay floating crane vessel for WTG monopile installation is a highly challenging and critical task. This paper delves into various aspects to be considered when converting a floating vessel to make it suitable for foundation installations on Offshore Wind Farms. The paper extensively covers topics related to Constructability, Mobilization, and Installation, offering valuable insights for the installation engineering of monopiles. Moreover, it serves as a valuable reference for any Installation Contractor venturing into wind farm installations.
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Meir, Reshef, Hongyao Ma, and Valentin Robu. "Contract Design for Energy Demand Response." In Twenty-Sixth International Joint Conference on Artificial Intelligence. International Joint Conferences on Artificial Intelligence Organization, 2017. http://dx.doi.org/10.24963/ijcai.2017/167.
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Power companies such as Southern California Edison (SCE) uses Demand Response (DR) contracts to incentivize consumers to reduce their power consumption during periods when demand forecast exceeds supply. Current mechanisms in use offer contracts to consumers independent of one another, do not take into consideration consumers' heterogeneity in consumption profile or reliability, and fail to achieve high participation. We introduce DR-VCG, a new DR mechanism that offers a flexible set of contracts (which may include the standard SCE contracts) and uses VCG pricing. We prove that DR-VCG elicits truthful bids, incentivizes honest preparation efforts, and enables efficient computation of allocation and prices. With simple fixed-penalty contracts, the optimization goal of the mechanism is an upper bound on probability that the reduction target is missed. Extensive simulations show that compared to the current mechanism deployed by SCE, the DR-VCG mechanism achieves higher participation, increased reliability, and significantly reduced total expenses.
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Long, Minhua, and W. Ross Morrow. "Should Optimal Designers Worry About Consideration?" In ASME 2014 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/detc2014-34493.
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Consideration set formation using non-compensatory screening rules is a vital component of real purchasing decisions with decades of experimental validation. Marketers have recently developed statistical methods that can estimate quantitative choice models that include consideration set formation via non-compensatory screening rules. But is capturing consideration within models of choice important for design? This paper reports on a simulation study of a vehicle portfolio design when households screen over vehicle body style built to explore the importance of capturing consideration rules for optimal designers. We generate synthetic market share data, fit a variety of discrete choice models to this data, and then optimize design decisions using the estimated models. Model predictive power, design “error”, and profitability relative to ideal profits are compared as the amount of market data available increases. We find that even when estimated compensatory models provide relatively good predictive accuracy, they can lead to sub-optimal design decisions when the population uses consideration behavior; convergence of compensatory models to non-compensatory behavior is likely to require unrealistic amounts of data; and modeling heterogeneity in non-compensatory screening is more valuable than heterogeneity in compensatory trade-offs. This supports the claim that designers should carefully identify consideration behaviors before optimizing product portfolios. We also find that higher model predictive power does not necessarily imply better design decisions; that is, different model forms can provide “descriptive” rather than “predictive” information that is useful for design.
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Biglino, Giovanni, Hopewell N. Ntsinjana, Kim H. Parker, Silvia Schievano, and Andrew M. Taylor. "Imaging-Based Wave Intensity Analysis: Applications in Congenital Heart Disease." In ASME 2013 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/sbc2013-14453.
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Wave intensity analysis is a hemodynamic index evaluating the working condition of the heart in relation to the rest of the vasculature [1]. As such it carries valuable mechanistic information on ventriculo-arterial (VA) coupling. Its applications have ranged from studies of cardiac assist devices to fetal studies. Our group has proposed a way to derive wave intensity from phase-contrast magnetic resonance (PCMR) data [2]. We now suggest that this technique has a duple potential: (a) comparing patients against healthy subjects to investigate VA coupling and mechanistic changes related to surgery or devices, and (b) providing measures and indices to assess hemodynamic scenarios adding valuable mechanistic considerations. We aim to show both applications in the complex field of congenital heart disease. In the first instance, we will use this methodology to assess changes in wave speed and VA coupling in patients with transposition of the great arteries (TGA) repaired with arterial switch operation and palliated with atrial switch. In the second case, we will assess the potential of wave intensity-derived parameters for detecting diastolic dysfunction, and we selected a small population of patients with congenital aortic stenosis as a first suitable study cohort.
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Gui, Shouping, Jingxiu Zhang, and Lei Yang. "Research on revenue-sharing contract for a three-level supply chain with consideration of influence of order time." In 2010 2nd International Conference on Information Science and Engineering (ICISE). IEEE, 2010. http://dx.doi.org/10.1109/icise.2010.5688571.
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Franklin, Paul. "Risk Management for Rail Transportation Projects." In 2010 Joint Rail Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/jrc2010-36137.
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Risk management is the subject of increasing attention in recent years. In the US, when Federal funds are committed to projects, risk management is a required programmatic activity. Even when it is not mandated by law or regulation, risk management is prudent for expensive, long-duration projects. Frequently, risk management is based on a risk register, and often captures as a list of typical problems with design and construction that a contractor has experienced. Risk registers vary in quality and usefulness. Some contractor submissions appear to be more “pro-forma” documents, while more useful risk registers will include anticipated risks tailored to the complexity of the scope of work and the contractor’s anticipated solution. This qualitative approach can develop a reasonable view of key risks and work to mitigate them. Recent experience at Arup has shown that this approach, while valuable as an initial approach, is limited by its quantitative nature. This paper will explore some of the key lessons learned and emerging practices that have been successfully used in recent work in detail. Key topics include: • While the essential elements of risk management apply across a wide range of markets, the planning and construction of risk management for due diligence, privately funded and partnership funded (both government and PPP) projects require different emphases and tailored approaches. • Appropriate risk structuring is required to identify key project risks that may be unrelated or marginally related to design and construction. Developing clear and effective ancillary risk statements (e.g., for marketing, finance, permitting and regulatory requirements) is important to successful risk management. • Where partnering is used for funding, there is a greater need for clarity and good communication. Planning documents require special consideration to minimize difficulties. Planning documents also need to be efficient and effective. • Large, sometimes geographically diverse, teams benefit from alternative approaches to risk workshops. • Large, expensive and long duration projects benefit by shifting risk analysis toward a more quantitative approach. Modeling techniques such as Monte Carlo simulation require special software (@Risk or Primavera) and sound input. Analyses that move risk statements from the essentially qualitative (such as severity of 4 and likelihood of 3) to agreed quantitative inputs are important. • Cost and schedule contingency are key concerns for funding agencies, whether in-house or external. The underlying structure for effectively constructing contingency depends on the contracting structure, sequencing of work, unit price allowances and other factors, in addition to the analysis of the contingency requirements of technical and other specific risks. • Special analyses for items of particular concern, for instance, the adequacy of escalation allowances or geotechnical risks, can also be helpful, particularly in the context of emerging technologies such as HSR. Risk management is coming of age, and is more than a risk register. Projects benefit from a more qualitative approach. Not every technique applies to every project, of course, but most projects, small and large, can benefit from a more structured, quantitative approach to risk management.
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Savić Božić, Dijana. "OBAVEZNA I NEOBAVEZNA PRAVILA U EVROPSKOM UGOVORNOM PRAVU." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.981sb.
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The Council of the European Union decided on 19 and 20 April 2007 to define the position of the Council on the basic aspects of a possible common reference framework (CFR) for European contract law. This was another step in a major European project aimed at building a common European contract law, because the EU legislator realized that uniform material rules provide for greater predictability than uniform rules on the right to vote, although Community competence in this field is still under consideration. The first part deals with the position and function of common European rules regarding the restriction of the freedom of contract and the role of mandatory and optional rules in general. The second part deals with various techniques that limit the freedom of contract that we find in the Principles of European Contract Law – PECL, the acquis communautaire, or the draft "Common Reference Framework" (CFR).
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Everett, Jim, T. Howard, and M. Kamperman. "The Development of an MIS for Iron Ore Mining Operations." In 2001 Informing Science Conference. Informing Science Institute, 2001. http://dx.doi.org/10.28945/2428.
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We describe the development and implementation of a management informing system (MIS) to aid the mining, transporting, stockpiling and shipping of iron ore. Ore is railed from mines to a port, where it is blended on stockpiles and recovered to ships. The project commenced as a Decision Support System to aid quality control of ore grade. It evolved to become an MIS aiding operators, decision makers and managers at multiple stages and levels of the production process. The project’s history provides valuable lessons for the development of an MIS. The project was designed and implemented with clients rather than for clients, ownership by the users was emphasized, and domain knowledge was sought and incorporated at every stage. Contrary to textbook prescription, these considerations suggest that, rather than basing a project upon some initial grand plan, an incremental evolution is preferable, with developers and users cooperatively exploring possibilities as they unfold.
Reports on the topic "Contract for valuable consideration"
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Carvalho, Joana, and Gerardo Reyes-Tagle. Risk Matrix and PPP Contract Standardization, Best Practice, and Gap Analysis in Brazil. Inter-American Development Bank, 2022. http://dx.doi.org/10.18235/0004213.
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Public-private partnerships (PPPs) have been used to address the need for the implementation of huge investment programs and to bridge the infrastructure gap that exists in Latin American and Caribbean (LAC) countries. As is explained throughout this paper, under certain circumstances, PPPs represent an important tool to help governments implement their investment programs, thereby benefiting not only from private investment (which often includes foreign investment) but also from the various advantages that are typically associated with the PPP model. However, the need to secure financing for investment needs, especially in a situation of scarce public resources and fiscal constraints, should not be the only reason for choosing the PPP model. The objective of this paper is to highlight that the PPP model can be a valuable tool for undertaking public projects in an efficient and innovative manner and that it can provide more efficient and innovative public services in certain circumstances as well. In addition, when correctly used, it can generate public savings and create the fiscal space that LAC countries need to carry out their investments.
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McGregor, Lisa, Sarah Frazer, and Derick Brinkerhoff. Thinking and Working Politically: Lessons from Diverse and Inclusive Applied Political Economy Analysis. RTI Press, 2020. http://dx.doi.org/10.3768/rtipress.2020.rr.0038.2004.
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Political economy analysis (PEA) has emerged as a valuable approach for assessing context and the local systems where international development actors seek to intervene. PEA approaches and tools have grown and adapted over the last 40 years through innovations by donor agencies and practitioners. Our analysis of nine PEAs reveals the following findings: PEAs can make positive contributions to technical interventions; engaging project staff in PEAs increases the likelihood that they will be open to a thinking and working politically mindset and approach; inclusion of gender equity and social inclusion (GESI) in PEAs helps to uncover and address hidden power dynamics; and explicitly connecting PEA findings to project implementation facilitates adaptive management. Implementation lessons learned include careful consideration of logistics, timing, and team members. Our experience and research suggest applied PEAs provide valuable evidence for strengthening evidence-based, adaptive, international development programming. The findings highlight the promise of PEA as well as the need for ongoing learning and research to address continued challenges.
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Pautz Stephenson, Stefani, and Deblina Pakhira. Practitioners at the Center, Part II: Reflections on Practitioners’ Engagement with the SEERNet Hub. SEERNet, Digital Promise, 2023. http://dx.doi.org/10.51388/20.500.12265/196.
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SEERNet, a network of Digital Learning Platforms, researchers, and practitioners with the vision to leverage DLPs as research infrastructure, is committed to valuing practitioners' insights and fostering a culture of collaboration among all three parties. Towards this end, SEERNet has implemented two strategies: Office Hours and a practitioner advisory board. Through these strategies, valuable lessons have emerged about recruitment strategies, challenges and complexities of the classroom, educators as content and context experts, the difference between buy-in and ownership, considerations for experimental research, and more. We hope that researchers will take into consideration what we learned from our experiences as they design and implement their own studies, and regardless of whether or not the DLP requires researchers to directly engage with educators in data collection, we hope that researchers will see the value of practitioners' lived experiences and engage them in feedback loops from design to implementation to dissemination.
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Salo, James. Greening Value Chains: How Large Companies in Latin America and the Caribbean Can Influence Natural Resource Use and Environmental Impact Management in Their Value Chains: Technical Study. Inter-American Development Bank, 2016. http://dx.doi.org/10.18235/0006476.
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Managing value chain environmental impacts and natural resource use has become an important consideration in the purchasing decisions of large publicly traded companies. Suppliers, including micro, small, and medium enterprises (MSMEs) in the Latin American and Caribbean (LAC) region,can increase their competiveness by using best practices in natural resource management and reducing their environmental impacts. In order to assess how value chain environmental management can improve MSME competitiveness, this study identifies best practices among companies in key economic sectors in LAC with the largest value chain environmental inputs (e.g. water use, commodities) and outputs (e.g. greenhouse gas emissions, waste). Tools and incentive mechanisms that support adoption of best practices were identified and assessed for usefulness. This study provides valuable guidance to various actors along the value chains of multinational companies that operate in LAC, including suppliers (MSMEs), financial institutions, and other entities (international development organizations, industry associations, research organizations, government agencies, and non-governmental organizations (NGOs)) interested in fostering the development of greener value chains. The identification of key sectors, considering both economic and environmental impact significance, provides interested entities with a ranked list of sectors to work with. The identification of key environmental inputs and outputs is a valuable reference point for prioritizing key issues for LAC companies in each sector. Finally, this study's review of value chain environmental management best practices, tools, and incentive mechanisms supports knowledge sharing, development of greener value chains, improved environmental management of MSMEs, and key areas for supporting investment.
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Bowman, Mark D., Bryan D. Hagan, and William D. Hurdle. Steel Bridge Coating Evaluation and Rating Criteria. Purdue University, 2023. http://dx.doi.org/10.5703/1288284317386.
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The aim of the study is to gather information on three topics: (1) the evaluation and rating of steel bridge protective coatings, (2) coating systems used by various states throughout the United States, and (3) maintenance painting procedures employed by various state department of transportation agencies (DOTs). First, it was found that most state DOTs use either an Element Level type rating of the coating system or a 9–0 NBI type rating; many state DOTs use both methodologies, with one used for state bridges and the other for local bridges. Second, for coating systems, it was found that there is a great deal of uniformity of the steel bridge coating systems used in the United States, with three-coat paint systems being the most common. Third, it is believed that maintenance painting can extend the useful life of bridge coatings. However, many state DOTs report that the cost of maintenance painting has increased due to many factors that involve available personnel, proper training, and increased regulations on the removal and application of steel bridge coatings. Consequently, many DOTs no longer perform maintenance painting, other than emergency repairs, and simply wait until the entire bridge needs to be re-coated and contract the work out. Lastly, an NBI 9–0 type rating procedure for steel bridge coatings is proposed for possible consideration and implementation by INDOT.
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Sklenar, Ihor, and Maryan Lozynskyi. CONTROVERSIAL ISSUES REGARDING THE COMPONENT OF NATIONAL JOURNALISM STUDIES – GENRE STUDIES (REFERENCE TO A TOPICAL SCIENTIFIC ARTICLE BY PROFESSOR MYKOLA TYMOSHYK). Ivan Franko National University of Lviv, 2024. http://dx.doi.org/10.30970/vjo.2024.54-55.12150.
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The article is a reference to a scientific publication by Mykola Tymoshyk, Professor and Head of the Department of Journalism at the Kyiv National University of Culture and Arts, who raised a number of topical issues in the field of national journalism studies. The purpose of this review is to examine the main points of this article through the prism of my teaching (primarily lecturing) and journalistic experience. Using the method of content analysis, the article discusses the controversial issues related to the concept of «journalism genre», distinguishes the strengths of the researcher’s main theses on the theory and practice of genres. The article points out the valuable aspects of Prof. Tymoshyk’s article for researchers of journalistic genres, especially with regard to the grouping of genres in the works of foreign authors (European and American schools of journalism). These groupings are supplemented by the vision of German authors - researchers of media genres. In this article the author uses the historical method to examine the current works of Ukrainian media scholars on the issue of the main groups of genres. The author discusses with Prof. M. Tymoshyk on the subject of presence of some genres in the media of our information space and the expediency of their consideration in the studies of media researchers. Attention is paid to the advantages of this publication in relation to the following issues: the ambiguity of journalistic investigation from the point of view of journalism theory, the expediency of using the concept of «hybrid genres» in scientific texts of media researchers. The conclusion about necessity of further research on the issues of genre creation in journalism, especially in the context of the current war is made. The researcher’s thesis about the importance of not theoretical «new products» in the form of new names of genres as forms of journalistic presentation, but the substantiation of their varieties within the existing genres of national journalism is accepted. Key words: genre, genre studies, journalism, school of journalism, article, author, scientific publication.
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Yu, Y. S. Capabilities, limitations and the use of the GEOROC computer package. Natural Resources Canada/CMSS/Information Management, 1987. http://dx.doi.org/10.4095/325534.
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Computer codes have been used by various researchers in modelling viscoelastic formations, with a good degree of success. Serata used a complex rheological model, REM (Rheological Element Model) code, to simulate mine openings [2]. Others, in the U.S. Nuclear Waste Isolation Programme, have evaluated the capability of various codes for the design of nuclear waste repository [3]. Because of the proprietary nature of the above codes, they are not available to mine operators in Canada. Consequently, in 1984, CANMET initiated a research project to develop a numerical modelling package for use in the design of underground potash mine openings. GEOROC is the resultant computer program; it was developed by RE/SPEC Ltd., of Calgary under contract to CANMET. In recent years, computer simulation is playing an increasingly important role in evaluating the short and long term structural stability of underground mine openings, and in ground control studies related to mine design and layout. Such simulations are increasingly being used in the design of underground salt and potash mines. Because of the viscoelastic nature of salt rock formations, simulation models must take into consideration their time dependent properties if they are to correctly predict opening closures, ground stresses, and ground stability based on prescribed failure criteria. This presentation describes the capabilities, limitations and the use of computer code - GEOROC. A case history in which GEOROC is used to simulate a typical room and pillar mining section of a Western Canadian potash mine is provided. Predicted ground behaviour using the code is compared with actual behaviour as determined through field measurements. Results indicate that good correlation exits between predicted and measured ground behaviour, and is an encouragement to greater use of modelling in mine stability studies related to mine design.
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Saldanha, Ian J., Andrea C. Skelly, Kelly Vander Ley, et al. Inclusion of Nonrandomized Studies of Interventions in Systematic Reviews of Intervention Effectiveness: An Update. Agency for Healthcare Research and Quality (AHRQ), 2022. http://dx.doi.org/10.23970/ahrqepcmethodsguidenrsi.
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Introduction: Nonrandomized studies of interventions (NRSIs) are observational or experimental studies of the effectiveness and/or harms of interventions, in which participants are not randomized to intervention groups. There is increasingly widespread recognition that advancements in the design and analysis of NRSIs allow NRSI evidence to have a much more prominent role in decision making, and not just as ancillary evidence to randomized controlled trials (RCTs). Objective: To guide decisions about inclusion of NRSIs for addressing the effects of interventions in systematic reviews (SRs), this chapter updates the 2010 guidance on inclusion of NRSIs in Agency for Healthcare Research and Quality (AHRQ) Evidence-based Practice Center (EPC) SRs. The chapter focuses on considerations for decisions to include or exclude NRSIs in SRs. Methods: In November 2020, AHRQ convened a 20-member workgroup that comprised 13 members representing 8 of 9 AHRQ-appointed EPCs, 3 AHRQ representatives, 1 independent consultant with expertise in SRs, and 3 representatives of the AHRQ-appointed Scientific Resource Center. The workgroup received input from the full EPC Program regarding the process and specific issues through discussions at a virtual meeting and two online surveys regarding challenges with NRSI inclusion in SRs. One survey focused on current practices by EPCs regarding NRSI inclusion in ongoing and recently completed SRs. The other survey focused on the appropriateness, completeness, and usefulness of existing EPC Program methods guidance. The workgroup considered the virtual meeting and survey input when identifying aspects of the guidance that needed updating. The workgroup used an informal method for generating consensus about guidance. Disagreements were resolved through discussion. Results: We outline considerations for the inclusion of NRSIs in SRs of intervention effectiveness. We describe the strengths and limitations of RCTs, study design features and types of NRSIs, and key considerations for making decisions about inclusion of NRSIs (during the stages of topic scoping and refinement, SR team formation, protocol development, SR conduct, and SR reporting). We discuss how NRSIs may be applicable for the decisional dilemma being addressed in the SR, threats to the internal validity of NRSIs, as well as various data sources and advanced analytic methods that may be used in NRSIs. Finally, we outline an approach to incorporating NRSIs within an SR and key considerations for reporting. Conclusion: The main change from the previous guidance is the overall approach to decisions about inclusion of NRSIs in EPC SRs. Instead of recommending NRSI inclusion only if RCTs are insufficient to address the Key Question, this updated guidance handles NRSI evidence as a valuable source of information and lays out important considerations for decisions about the inclusion of NRSIs in SRs of intervention effectiveness. Different topics may require different decisions regarding NRSI inclusion. This guidance is intended to improve the utility of the final product to end-users. Inclusion of NRSIs will increase the scope, time, and resources needed to complete SRs, and NRSIs pose potential threats to validity, such as selection bias, confounding, and misclassification of interventions. Careful consideration must be given to both concerns.
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Phillips, Jake. Understanding the impact of inspection on probation. Sheffield Hallam University, 2021. http://dx.doi.org/10.7190/shu.hkcij.05.2021.
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This research sought to understand the impact of probation inspection on probation policy, practice and practitioners. This important but neglected area of study has significant ramifications because the Her Majesty’s Inspectorate of Probation has considerable power to influence policy through its inspection regime and research activities. The study utilised a mixed methodological approach comprising observations of inspections and interviews with people who work in probation, the Inspectorate and external stakeholders. In total, 77 people were interviewed or took part in focus groups. Probation practitioners, managers and leaders were interviewed in the weeks after an inspection to find out how they experienced the process of inspection. Staff at HMI Probation were interviewed to understand what inspection is for and how it works. External stakeholders representing people from the voluntary sector, politics and other non-departmental bodies were interviewed to find out how they used the work of inspection in their own roles. Finally, leaders within the National Probation Service and Her Majesty’s Prisons and Probation Service were interviewed to see how inspection impacts on policy more broadly. The data were analysed thematically with five key themes being identified. Overall, participants were positive about the way inspection is carried out in the field of probation. The main findings are: 1. Inspection places a burden on practitioners and organisations. Practitioners talked about the anxiety that a looming inspection created and how management teams created additional pressures which were hard to cope with on top of already high workloads. Staff responsible for managing the inspection and with leadership positions talked about the amount of time the process of inspection took up. Importantly, inspection was seen to take people away from their day jobs and meant other priorities were side-lined, even if temporarily. However, the case interviews that practitioners take part in were seen as incredibly valuable exercises which gave staff the opportunity to reflect on their practice and receive positive feedback and validation for their work. 2. Providers said that the findings and conclusions from inspections were often accurate and, to some extent, unsurprising. However, they sometimes find it difficult to implement recommendations due to reports failing to take context into account. Negative reports have a serious impact on staff morale, especially for CRCs and there was concern about the impact of negative findings on a provider’s reputation. 3. External stakeholders value the work of the Inspectorate. The Inspectorate is seen to generate highly valid and meaningful data which stakeholders can use in their own roles. This can include pushing for policy reform or holding government to account from different perspectives. In particular, thematic inspections were seen to be useful here. 4. The regulatory landscape in probation is complex with an array of actors working to hold providers to account. When compared to other forms of regulation such as audit or contract management the Inspectorate was perceived positively due to its methodological approach as well as the way it reflects the values of probation itself. 5. Overall, the inspectorate appears to garner considerable legitimacy from those it inspects. This should, in theory, support the way it can impact on policy and practice. There are some areas for development here though such as more engagement with service users. While recognising that the Inspectorate has made a concerted effort to do this in the last two years participants all felt that more needs to be done to increase that trust between the inspectorate and service users. Overall, the Inspectorate was seen to be independent and 3 impartial although this belief was less prevalent amongst people in CRCs who argued that the Inspectorate has been biased towards supporting its own arguments around reversing the now failed policy of Transforming Rehabilitation. There was some debate amongst participants about how the Inspectorate could, or should, enforce compliance with its recommendations although most people were happy with the primarily relational way of encouraging compliance with sanctions for non-compliance being considered relatively unnecessary. To conclude, the work of the Inspectorate has a significant impact on probation policy, practice and practitioners. The majority of participants were positive about the process of inspection and the Inspectorate more broadly, notwithstanding some of the issues raised in the findings. There are some developments which the Inspectorate could consider to reduce the burden inspection places on providers and practitioners and enhance its impact such as amending the frequency of inspection, improving the feedback given to practitioners and providing more localised feedback, and working to reduce or limit perceptions of bias amongst people in CRCs. The Inspectorate could also do more to capture the impact it has on providers and practitioners – both positive and negative - through existing procedures that are in place such as post-case interview surveys and tracking the implementation of recommendations.
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The launch of the ASSAf inclusivity initiative for gender equity and persons with disabilities as part of the Science Forum South Africa 2023 panel discussion. Academy of Science of South Africa (ASSAf), 2024. http://dx.doi.org/10.17159/assaf.2024/101.
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Gender equity, disability and inclusivity are human rights issues, and the South African Constitution enshrines the rights of citizens at all levels. The Sustainable Development Goals 5 and 10 promote gender equality and reduced inequalities, respectively. Furthermore, the South Africa’s Decadal Plan in science, technology and innovation (STI) calls for the creation of an inclusive economy and equity ambitions set by the Gender- Responsive Planning Budgeting, Monitoring, Evaluation and Auditing Framework. In spite of these legislative prerogatives, initiatives to promote the participation of women and people living with disabilities are slow to produce significant change. ASSAf is no exception in this regard, with 70% of members being male academics and statistics of participation of persons with disabilities is lacking. As a result, ASSAf developed a transformation strategy which incorporated the 2019 White Paper on STI as one of many instruments to guide the organisation in prioritising inclusivity and transformation in STI, and the ASSAf Inclusivity Initiative on Gender Equity and Persons with Disabilities is one such tool. The ASSAf Inclusivity Initiative on Gender Equity and Persons with Disabilities focuses on advancing inclusive participation of persons with disabilities and women in science, technology and innovation within its Membership and within the national system of innovation (NSI). ASSAf launched the Inclusivity Initiative on Gender and Persons with Disabilities during the 2023 Science Forum South Africa in order to raise awareness on the Initiative and to seek partnerships from beyond the academic sector. It is envisioned that the Initiative will also provide ASSAf with a platform to strengthen collaborations with other stakeholders in raising awareness of and in championing solutions to curb the barriers that impede equal opportunities and access to Science, Technology and Innovation (STI) by women, young girls and, persons with disabilities within the National System of Innovation. The participants provided valuable inputs and recommendations which ASSAf will take into consideration in the next phase of the process. Speakers included: Prof Olubukola Oluranti Babalola (ASSAf Member; OWSD; TWAS); Dr Tebogo Mabotha (ASSAf); Dr Anila Pretorious (Wits); Ms Dineo Mmako (DWYPD); Mr Mark Bannister (DWS); Ms Bongiwe Mkhithika (DSI); Mr Gerhard Coetzee (INVEN-D) and Dr Tozama Qwebani (ASSAf). There were over 60 participants in attendance.