Top PDF Contract Doctrine, Theory & Practice - Volume 1

Contract Doctrine, Theory & Practice - Volume 1

Contract Doctrine, Theory & Practice - Volume 1

promise to pay the reasonable value of the services. Judge Gray, who wrote the opinion in the United Press case, said therein: "I entertain no doubt that, where work has been done, or articles have been furnished, a recovery may be based upon quantum meruit, or quantum valebat; but, where a contract is of an executory character and requires performance over a future period of time, as here, and it is silent as to the price which is to be paid to the plaintiff during its term, I do not think that it possesses binding force. As the parties had omitted to make the price a subject of covenant, in the nature of things, it would have to be the subject of future agreement, or stipulation." (p. 412.) [23] In Petze v. Morse Dry Dock & Repair Co. (125 N.Y. App. Div. 267, 270) the court say: “There is no contract so long as any essential element is open to negotiation.” In that case a contract was made by which an employee in addition to certain specified compensation was to receive 5% of the net distributable profits of a business and it was further provided that "the method of accounting to determine the net distributable profits is to be agreed upon later when the company's accounts have developed for a better understanding." The parties never agreed as to the method of determining the net profits and the plaintiff was discharged before the expiration of the term. The court in the opinion say that "the plaintiff could recover for what he had done on a quantum meruit, and the employment must be deemed to have commenced with a full understanding on the part of both parties that that was the situation." The judgment of the Appellate Division was unanimously affirmed without opinion in this court. (195 N. Y. 584.) [24] So, this case, while I do not think that the plaintiff can recover anything as extra work, yet if the work actually performed as stated was worth more than $40 per week, he having performed until November 7, 1910, could, on a proper complaint, recover its value less the amount received. (See Bluemner v. Garvin, supra; S. C., 124 App. Div. 491; King v. Broadhurst, 164 App. Div. 689.)
Show more

239 Read more

Contract Doctrine, Theory & Practice - Volume 3

Contract Doctrine, Theory & Practice - Volume 3

[Welsby, Hurlstone & Gordon] 341; Restatement, Contracts, § 346). In the usual case where the contractor's performance has been defective or incomplete, the reasonable cost of replacement or completion is the measure (see Bellizzi v Huntley Estates, 3 NY2d 112; Spence v Ham, 163 NY 220; Condello v Stock, 285 App Div 861, mod on other grounds 1 NY2d 831; Along-The-Hudson Co. v Ayres, 170 App Div 218; 13 NY Jur, Damages, § 56, p 502; Restatement, Contracts, § 346). When, however, there has been a substantial performance of the contract made in good faith but defects exist, the correction of which would result in economic waste, courts have measured the damages as the difference between the value of the property as constructed and the value if performance had been properly completed (see Jacob & Youngs v Kent, supra; Droher & Sons v Toushin, 250 Minn 490; Restatement, Contracts, § 346, subd [1], par [a], cl [ii], p 573; comment b, p 574; 13 NY Jur, Damages, § 58; Ann., 76 ALR2d 805, § 4, pp 812- 815). Jacob & Youngs is illustrative. There, plaintiff, a contractor, had constructed a house for the defendant which was satisfactory in all respects save one: the wrought iron pipe installed for the plumbing was not of Reading manufacture, as specified in the contract, but of other brands of the same quality. Noting that the breach was unintentional and the consequences of the omission trivial, and that the cost of replacing the pipe would be "grievously out of proportion" (Jacob & Youngs v Kent, supra, p 244) to the significance of the default, the court held the breach to be immaterial and the proper measure of damage to the owner to be not the cost of replacing the pipe but the nominal difference in value of the house with and without the Reading pipe.
Show more

196 Read more

Contract Doctrine, Theory & Practice - Volume 2

Contract Doctrine, Theory & Practice - Volume 2

[6] Illinois' general statute of frauds forbids a suit upon an agreement that is not to be performed within a year “unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.” The statute of frauds in Article 2 of the Uniform Commercial Code makes a contract for the sale of goods worth at least $500 unenforceable “unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker.” The differences between these formulations are subtle but important. The Illinois statute requires that the writing “express the substance of the contract with reasonable certainty.” Frazer v. Howe, 106 Ill. 564, 574 (1883); see also Holsz v. Stephen, 362 Ill. 527, 532, 200 N.E. 601, 603 (1936); Mariani v. School Directors, 154 Ill.App.3d 404, 407, 107 Ill.Dec. 90, 92, 506 N.E.2d 981, 983 (1987). The UCC statute of frauds does not require that the writing contain the terms of the contract. Ill.Code Comment 1 to UCC § 2-201. In fact it requires no more than written corroboration of the alleged oral contract. Even if there is no such signed document, the contract may still be valid “with respect to goods ... which have been received and accepted.” § 2-201(3)(c). This provision may appear to narrow the statute of frauds still further, but if anything it curtails a traditional exception, and one applicable to Illinois' general statute: the exception for partial performance, on which see, for example, Payne v. Mill Race Inn, 152 Ill.App.3d 269, 277-78, 105 Ill.Dec. 324, 330-331, 504 N.E.2d 193, 199-200 (1987); Grundy County National Bank v. Westfall, 13 Ill.App.3d 839, 845, 301 N.E.2d 28, 32 (1973). The Uniform Commercial Code does not treat partial delivery by the party seeking to enforce an oral contract as a partial performance of the entire contract, allowing him to enforce the contract with respect to the undelivered goods.
Show more

155 Read more

Trading theory for practice

Trading theory for practice

dÛ %MUIQNMLEMSAKÛBEMEßSR through a reduction in the volume of licensed resource needed to maintain the supply- demand balance and carbon reductions. In completing the project, we have assumed that investment plans for AMP5 have been committed AMDÞVIKKÞDEKIUEQÞSHEÞARRTLEDÞBEMEâSRÞAMDÞSHASÞSHEÞ current trading arrangements between Anglian 7ASEQÞAMDÞ6ENKIAÞ7ASEQÞ%ARSÞVIKKÞBEÞEWSEMDEDÞ where appropriate. Similarly, we have excluded the 5+#0ÞNTSOTSRÞFTSTQEÞRTRSAIMABIKISXÞQEDTCSINMRÞ and bulk transfer charges. Additional details about exclusions from the scope are given in Appendix 1.
Show more

28 Read more

Student Contract. 1. Introduction

Student Contract. 1. Introduction

4.1 The University is continuously developing, refining and improving its services and programmes, and introducing new options, programmes or courses, for the benefit of its students. This may be to reflect student feedback or matters of academic judgement or expertise, to accommodate changes or developments in learning theory or practice or teaching practices or facilities, or to keep programmes, practices and areas of study up-to- date. This may lead to changes in the terms, content or delivery of the University’s programmes from those set out in the prospectus or on the websites of the College or the University.
Show more

11 Read more

Topics in optimal liquidation and contract theory

Topics in optimal liquidation and contract theory

Consider a stock with average daily volume 2 × 10 6 . Suppose the investor wants to liqui- date a position of 2 × 10 5 3 of this stock. Figure 1.1 gives out optimal liquidation trajectories in both VG L´ evy process case and Brownian motion case when the risk aversion parameter A takes values of 10 −6 , 10 −5 and 10 −4 4 . We see that when A = 10 −6 , optimal strategies for two models are almost identical. As A increases, optimal speeds increase in both models, and in particular, speeds increase much faster in VG model for big positions. In each case, liqui- dation finishes in a short time period, which confirms that the linear approximation scheme of exponential model is reasonable. Now we may make a conclusion that if one believes that the unaffected stock price follows an exponential VG L´ evy process and the temporary price impact is described by a 0.6 power-law, then optimal liquidation strategy for the Brownian motion model is suboptimal unless A is very small.
Show more

167 Read more

"The CISG in China - Theory and Practice." Is there a difference between theory and practice?

"The CISG in China - Theory and Practice." Is there a difference between theory and practice?

In essence, we are all familiar with the fact that an international contract for the sale of goods is governed basically by the CISG, and only if the CISG is either silent or the contract specifically provides so, domestic law will be applied. In any country, and China is no exception, the CISG cannot exist without the application of domestic law. However, it is interesting to note that Chinese courts quote the CISG and domestic law side by side. In many judgments, quotes such as "Applying FECL, Art. 9(1) [CISG] and relevant international usage"[20], appear frequently. When domestic law is quoted side by side with the relevant CISG articles, it is always difficult to be sure whether one or the other has been applied. It seems that this is the Chinese way of judicial writing, and it might also indicate that the CISG is not used with confidence in some courts.
Show more

9 Read more

Ventilation: Theory and Practice

Ventilation: Theory and Practice

ciples of APRV but is intended for patients undergoing general anesthesia. Continuous positive airway pressure is applied at a level that will provide an adequate tidal volume, then removed for 1 second to pro- duce tidal ventilation, then reapplied. Un- like APRV, intermittent CPAP is not in- tended to restore normal functional residual capacity or improve oxygenation, and it can be discontinued abruptly.

13 Read more

Movements of theory and practice

Movements of theory and practice

Reagan and Bush. Is it not our task, as academic or non-academic, to question ‘the common sense’, the everyday practices, the subjectivities that are produced by social relations of capital rather than fetishistically celebrating them? Do we not have a serious problem if we put practice in charge of its own cure? (Because if practice aims to stop or go beyond itself, it must use itself, and thus it aims to stop itself in the same way that a disease is cured when it is allowed to choose its own treatment, it only thrives!) And one feels even more perplexed about Parker’s anti-Theory ramble when one looks into his other new, and in my view equally important, book, Utopia and Organization, in which he is keen to interest us again for utopian thought, for the not yet, for distant futures. Is Theory not something similar: an abstract idea about the not yet, the impossible, the virtual? As Parker as well as numerous other contributors to his book point out, the word ‘utopia’ comes from the Greek outopia, which means both ‘good place’ and ‘non-place’. Hence utopia can be understood as the imagined good place that is not locatable in a specific time and place: it is nowhere, a pure speculation about a future time and place, a future human. Is this not exactly what Theory potentially does (in its radical form, that is in its radical practice): it abstractly speculates and imagines differences?
Show more

24 Read more

Field Theory in Practice

Field Theory in Practice

random variables. The idea is to consider a social event as an information source producing messages. The messages we are interested on are, on the one hand, made out of quantities from the physical world and other hand made out of quantities from the psychological world. From the physical world we think of a five-dimensional vector with the components t, time, x(t), y(t), position coordinates, v(t) velocity magnitude and φ(t) velocity angle. Formally, we should consider the product of some spaces, but in this paper we will not develop the theory in full strength. We just focus, in order to illustrate the idea, on the component velocity magnitude. So we consider the velocity magnitude as a value of a random variable attached to a person or a group at a given time. Then we find out the corresponding probability and calculate the entropy for the given time. For more details concerning the following entropy definition see [12]. The only slight difference between this definition and the classical one is the time aspect. We have for each visitor or group of visitors a probability at a given time. K might be used as norming factor. Any base may be applied but we prefer sometimes the natural base because the velocity, as function of the density, is an exponential function for this base. We write:
Show more

8 Read more

ELECTROCHEMISTRY. Theory and Practice

ELECTROCHEMISTRY. Theory and Practice

refill hole temperature sensor pH sensitive glass bulb reference element liquid junction electrolyte indicating element combined pH electrode refill hole temperature sensor pH sensitiv[r]

13 Read more

Part 1 Entrepreneurship Development Systems: Theory and Practice, Accomplishments and Lessons

Part 1 Entrepreneurship Development Systems: Theory and Practice, Accomplishments and Lessons

asking them to assign a dollar value to the services they received (based on a total dollar amount estimated to be the value of all services received). EBS partners were then to receive additional financial payments from EBS, based on the “BizBucks” awarded by their clients. EBS also launched a 1-800 Number that clients could use to provide feedback on the services they receive. These calls and the information were to go directly to EBS’ local evaluator. EBS eventually chose to discontinue both of these efforts, finding them to be largely ineffective. Few calls were made to the 1-800 Number. And the effectiveness of the “BizBucks” system was limited by the fact that relatively few clients were entered into the common data-base, limiting the numbers of surveys that could be sent out. Now that EBS has moved to the network facilitation model, it is looking to create a data-collection system that is centered on the clients engaging in the facilitation process and the network facilitators who work with them. It may be that moving to a smaller set of entrepreneurs, and a single point of data collection, will enable EBS to develop a more effective system.
Show more

70 Read more

Codetermination in Theory and Practice

Codetermination in Theory and Practice

European codetermination—the system of corporate governance where shareholders and employees share control—has long stood in contrapose to our Anglo-American system of shareholder primacy. The contrast was not as stark in the middle of the twentieth century, when a third of U.S. employees were represented by unions, and corporate executives ruled with relative autonomy. But as shareholders grew more assertive and academics pressed for a more robust adherence to the primacy norm, the presence of employee representatives on the corporate board became a point of divergence between Anglo-American and Continental European companies. 1 And by century’s end, the United States
Show more

44 Read more

PRACTICE THEORY TEST

PRACTICE THEORY TEST

WRITE the name of each major and relative minor key signature on the line below the staff.. To complete the Circle of 5ths, WRITE the name of each major key on the correct line.[r]

11 Read more

Theory, experience and practice

Theory, experience and practice

The edition begins with a debate about the assumptions not only of medical ethics but of the very activity of theorising about morality, at least as such theorising has typically been conducted for much of our intellectual history. [18-20] Joel Backström and Hannes Nykänen [18] note that, from the development of the Hippocratic Oath to current debates about bioethics and values-based practice, [21,22] a “dominant conception that morality is a matter of values and valuation” is typically treated as self-evident. The authors claim that this conception encourages us to ignore a fundamental truth about the nature of moral experience. It effectively represses conscience, the fundamental importance of what they characterise as the “I-you” relationship. They argue that all moral theories – including Kantian and utilitarian theories and even approaches based on the concept of virtue – serve to codify and reinforce dominant ideas in society, encouraging us to ignore our moral experience and internalise collective values or dispositions. Moral relativism and moral particularism are seen as responses to this dominant conception that fail to escape its underlying assumptions. In his response, [19] Stephen Buetow tries to work out the implications of this critique of moral theorising for practical debates about healthcare, developing implications of Backström and Nykänen's argument and interrogating the meaning of some of their key claims. He applauds their defence of conscience and notes their warnings about “non-reflectively identifying with the collective values of society” at a time when concern is growing that, “rather than relate to themselves and patients as persons, clinicians embrace anonymized, normative demands of group values.” He welcomes the analysis because it helps to explain what he regards as the “rising depersonalization in health care, lack of resistance to this development and a need to revitalize person-centred health care.” However, he rejects what he sees as a false
Show more

11 Read more

To the theory and practice of psychosomatics

To the theory and practice of psychosomatics

For  the  purposes  of  the  third  task  resolving,  it  should  be  underlined  that  successes  in  development  and  utilization  of  principle of random access to these healing human body resources  and  unconscious  part  of  psychics,  are  generally  related  to  the  techniques of working in trance states.  In such work one can use  direct  and  indirect  suggestions  which  can  be  verbal  [7]  or  representing  visualizations  [1].  Often  in  such  healing  work  one  applies verbal and visual metaphors of disease, disease‐producing  factors,  healing  resources,  process  of  recovery  itself  as  well  as  “inner  healer»”. Such work  may  be carried  out  by  a patient  as a  self‐maintained  exercise  or  followed‐up  by  a  hypnotherapist.  Trance  can  be  introduced  preliminary,  but  similar  visualization  itself facilitates trance induction.   
Show more

6 Read more

Experiential Learning Theory:  From Theory To Practice

Experiential Learning Theory: From Theory To Practice

Experiential Learning Theory (ELT) has its roots in the experiential works of Dewey, Lewin, and Piaget. Unlike cognitive learning theories, which tend to emphasize cognition over affect, and behavioral learning theories, which do not allow any role for consciousness and subjective experience in the learning process, experience plays a central role in ELT’s process. ELT is intended to be a holistic adaptive process on learning that merges experience, perception, cognition, and behavior. Previous research has shown that learning styles are influenced by personality type, educational specialization, career choice, current job role and tasks, and cultural influences (Kolb, 1984, Kolb & Kolb, 2005).
Show more

10 Read more

The three criteria test, the essential facilities doctrine and the theory of monopolistic bottlenecks

The three criteria test, the essential facilities doctrine and the theory of monopolistic bottlenecks

When applying rule-based regulation in order to discipline network-specific market power, the concept of essential facilities is of crucial importance. This concept suggests the connection to the essential facilities doctrine, derived from US antitrust law, which is meanwhile being increasingly applied in European competition law also. The doctrine states that a facility is only to be regarded as essential if the following conditions are fulfilled: entry to the complementary market is not effectively possible without access to this facility; it is not possible for a supplier on a complementary market to duplicate this facility at a reason- able expense, and there are also no substitutes (Areeda, Hovenkamp, 1988). In the context of the disaggregated regulatory approach the essential facilities doctrine is no longer applied case by case – as is common in US antitrust law – but to an entire class of cases, namely, monopolistic bottleneck facilities charac- terised by a combination of natural monopoly and irreversible costs in the rele- vant range of demand. The design of non-discriminatory conditions of access to essential facilities must be specified in the context of the disaggregated regula- tory approach. It is important in this context to view the application of the essen- tial facilities doctrine in a dynamic context. Therefore, an objective for the for- mulation of access conditions must be to not obstruct infrastructure competition by regulatory micro-management, but rather create incentives for the symmetric development of infrastructure and service competition by rule-based regulation.
Show more

15 Read more

Praying for the Christian departed: a brief view of the doctrine and practice in Scottish Episcopacy

Praying for the Christian departed: a brief view of the doctrine and practice in Scottish Episcopacy

Skinner’s method throughout his examination of the Scottish Liturgy is to seek English authorities for support to show their sympathy with Scottish practice. Yet, his discussion of prayer for the departed is developed despite the Church of England’s proscription of that prayer. Skinner gives little clue as to why he uses only English authorities, but one must assume that since he writes only three years after the 1804 Synod of Laurencekirk, of which his father was the prime mover, it must primarily have been to convince Scots users of the English Communion Office that the Scottish Liturgy conformed to the English theological tradition. He also may have been addressing any Scottish reader disposed to the movement towards ‘Anglicisation’ in Scotland, as well as detractors of the Scottish Liturgy. However, his argument throughout the book is a robust defence of the Eucharistic tradition of Scottish Episcopacy.
Show more

33 Read more

Book Review of “Contract Theory” (Bolton and Dewatripont, 2005)

Book Review of “Contract Theory” (Bolton and Dewatripont, 2005)

Two of the most successful contract theorists have written this much-anticipated book (early versions of some chapters have been circulating for many years). Pioneers of contract theory are praising the book. On the back cover, Jean Tirole, Oliver Hart, and Bengt Holmström unanimously say that it will become the standard text in contract theory. Eric Maskin points out that the authors make contract theory seem “beautifully simple” (which I consider to be very desirable indeed). Philippe Aghion argues that this is the most important textbook on microeconomics since T IROLE ’s [1988] celebrated Theory of Industrial Organization. Thus, expectations could not be higher.
Show more

9 Read more

Show all 10000 documents...