Top PDF Contract Doctrine, Theory & Practice - Volume 3

Contract Doctrine, Theory & Practice - Volume 3

Contract Doctrine, Theory & Practice - Volume 3

[13] Lake River tries to compare its position to that of a conventional lien creditor by pointing out that it made itself particularly vulnerable to a breach of contract by buying specialized equipment at Carborundum's insistence, to the tune of $89,000, before performance under the contract began. It says it insisted on the minimum guarantee in order to be sure of being able to amortize this equipment over a large enough output of bagging services to make the investment worthwhile. But the equipment was not completely useless for other contracts—Lake River having in fact used it for another contract; it was not the major cost of fulfilling the contract; and Lake River received almost $300,000 during the term of the contract, thus enabling it to amortize much of the cost of the special equipment. Although Lake River may have lost money on the contract (but as yet there is no proof it did), it was not in the necessitous position of a contractor who completes his performance without receiving a dime and then is told by his customer to sue for the price. The recognition of a lien in such a case is based on policies akin to those behind the rule that a contract modification procured by duress will not be enforced. See, e.g., Selmer Co. v. Blakeslee-Midwest Co., 704 F.2d 924 (7th Cir.1983). When as a practical matter the legal remedy may be inadequate because it operates too slowly, self-help is allowed. But we can find no case recognizing a lien on facts like these, no ground for thinking that the Illinois Supreme Court would be the first court to recognize such a lien if this case were presented to it, and no reason to believe that the recognition of such a lien would be a good thing. It would impede the marketability of goods without responding to any urgent need of creditors.
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Contract Doctrine, Theory & Practice - Volume 2

Contract Doctrine, Theory & Practice - Volume 2

state commit us to the liberal view, which is making its way, nowadays, in jurisdictions slow to welcome it (Dakin & Co. v. Lee, 1916, 1 K. B. 566, 579). Where the line is to be drawn between the important and the trivial cannot be settled by a formula. “In the nature of the case precise boundaries are impossible” (2 Williston on Contracts, sec. 841). The same omission may take on one aspect or another according to its setting. Substitution of equivalents may not have the same significance in fields of art on the one side and in those of mere utility on the other. Nowhere will change be tolerated, however, if it is so dominant or pervasive as in any real or substantial measure to frustrate the purpose of the contract (Crouch v. Gutmann, 134 N. Y. 45, 51). There is no general license to install whatever, in the builder's judgment, may be regarded as “just as good” (Easthampton L. & C. Co., Ltd., v. Worthington, 186 N. Y. 407, 412). The question is one of degree, to be answered, if there is doubt, by the triers of the facts (Crouch v. Gutmann; Woodward v. Fuller, supra), and, if the inferences are certain, by the judges of the law (Easthampton L. & C. Co., Ltd., v. Worthington, supra). We must weigh the purpose to be served, the desire to be gratified, the excuse for deviation from the letter, the cruelty of enforced adherence. Then only can we tell whether literal fulfilment is to be implied by law as a condition. This is not to say that the parties are not free by apt and certain words to effectuate a purpose that performance of every term shall be a condition of recovery. That question is not here. This is merely to say that the law will be slow to impute the purpose, in the silence of the parties, where the significance of the default is grievously out of proportion to the oppression of the forfeiture. The willful transgressor must accept the penalty of his transgression (Schultze v. Goodstein, 180 N. Y. 248, 251; Desmond-Dunne Co. v. Friedman-Doscher Co., 162 N. Y. 486, 490). For him there is no occasion to mitigate the rigor of implied conditions. The transgressor whose default is unintentional and trivial may hope for mercy if he will offer atonement for his wrong (Spence v. Ham, supra).
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Contract Doctrine, Theory & Practice - Volume 1

Contract Doctrine, Theory & Practice - Volume 1

[25] However, the important distinction between Feinberg and the case before us is that in Feinberg the employer's decision definitely shaped the thinking of the plaintiff. In this case the promise did not. It is not reasonable to infer from the facts that Hugo R. Mainelli, Jr., expected retirement to result from his conversation with Hayes. Hayes had given notice of his intention seven months previously. Here there was thus no inducement to retire which would satisfy the demands of § 90 of the Restatement. Nor can it be said that Hayes's refraining from other employment was “action or forbearance of a definite and substantial character.” The underlying assumption of Hayes's initial decision to retire was that upon leaving the defendant's employ, he would no longer work. It is impossible to say that he changed his position any more so because of what Mainelli had told him in light of his own initial decision. These circumstances do not lead to a conclusion that injustice can be avoided only by enforcement of Plantations's promise. Hayes received $20,000 over the course of four years. He inquired each year about whether he could expect a check for the following year. Obviously, there was no absolute certainty on his part that the pension would continue. Furthermore, in the face of his uncertainty, the mere fact that payment for several years did occur is insufficient by itself to meet the requirements of reliance under the doctrine of promissory estoppel.
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CAUSE AND AIM. Journal of Social Intervention: Theory and Practice 2013 Volume 22, Issue 3, pp URN:NBN:NL:UI:

CAUSE AND AIM. Journal of Social Intervention: Theory and Practice 2013 Volume 22, Issue 3, pp URN:NBN:NL:UI:

“This international project provides students with a greater understanding of international social care philosophies and practice and international practitioners’ values & beliefs. It provides an opportunity to stand back and examine practices, social policies, issues etc. and evaluate your own philosophies on social care practice.”

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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.
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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.
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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.

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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]

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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.
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Codetermination in Theory and Practice

Codetermination in Theory and Practice

That, coupled with the absence of corporate boards with employee representatives in the United States, is viewed by the scholars as proof positive that their theoretical ar[r]

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Theory, experience and practice

Theory, experience and practice

In stark contrast, the contribution by Anthony Fry and Tania Gergel [42] looks at the need for paternalism in clinical practice, when the conditions for the sort of patient-centred approach Yelovich outlines do not obtain. In a paper presented to the workshop on Paternalism and Trust at Kings College London, reported in the previous philosophy thematic edition of JECP, [43] the authors discuss a case where paternalism seems appropriate. Factitious Disorder (FD) is usually classified as a mental disorder involving deliberate and hidden feigning or inducement of illness, in order to achieve patient status. (In such a case, it is hard to know what to make of the concept of patient expertise.) Looking at case histories, the authors argue that there are no compelling reasons for rejecting the use of paternalistic interventions for FD, but that further investigation of FD and frameworks for psychiatric paternalism, in relation to FD and other mental disorders, are urgently needed.
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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]

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Field Theory in Practice

Field Theory in Practice

Abstract - The aim of this paper is to present K. Lewin’s Field Theory in practice, applying it to evacuation simulations. The construction of the field is discussed from the scratch in order to define the psychological space of a social event. Then, we illustrate the interplay of the physical and the psychological aspects of a mathematical model of human behavior presenting and discussing evacuation simulations of one event. At first we simulate the physical situation and then we calculate an evacuation time applying an elementary microscopic model. An empirical plausibility control is presented. When we apply mathematical modeling or cybernetic methods to social sciences we are said to be careful. Nevertheless, a social event might be considered, on a natural way, as a set of time series, from the point of view of statistics. In this paper we restrict ourselves to introduce probabilities of random variables associated to the physical and the psychological space and define a measure for the evacuation simulation: The entropy of the event, merging the physical and the psychological spaces.
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To the theory and practice of psychosomatics

To the theory and practice of psychosomatics

In recent decades,  the arguments  in favor of  the  determining  connection between psychics and somatic health or disorder with  processes  of  a  disease  onset  and  recovery,    have  been  complemented  with  the  results  of  observations  of  patients  suffering multiple personality disorder. They have revealed that in  the moment of transition from one personality to another, allergy,  diabetes and even (!) neoplastic process can disappear so fast that  can  not  be  explained  neither  by  modern  physiology  nor  by  pathophysiology  [3].  On  the  other  part,  supporters  of  necessary  participation  of  psychological  conflict  in  genesis  of  any  physical  disease  have  to  answer  multiple  questions‐objections,  e.g.  how  such  opinion  correlates  with  the  facts  of  animals  and  plants  disease incidences. 
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Volume 3 Issue 3

Volume 3 Issue 3

These compounds are synthesized by primary or rather secondary metabolism of living organism. Secondary metabolites are chemically and taxonomically extremely diverse compounds with obscure function, so used human therapy [2]. Man has been using plant to cure different associated with pathogenic bacteria since antiquity. According to a study conducted by the WHO based on publication on pharmacopeias and medicinal plants in 91 countries, the number of medicinal plant is nearly 2100. About six to seven thousand species of medicinal plants out of about 17 to 18 thousand flowering plants are known to be use in folk (tribal) and officially recognized systems of medicine in India i.e. Ayurveda, Sidha, Unani and Homeopathy [3].
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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

Prayers for the Dead, especially at the holy Altar, is so very early a Practice of the primitive Church, that undoubtedly it must have been derived from apostolical Tradition. […] It is founded on that plain Scripture-Doctrine of an intermediate State betwixt Death and the Resurrection; and that the Righteous are not to receive their Crown of Reward (2 Tim. iv. 8.) nor to enter into the joy of their Lord in the Kingdom of Heaven, till the Resurrection and Judgment (Matth. xxv. 19, 20, 31–34.) […] they are to be judged according to their Works, yet there is Mercy to be found of the Lord in that Day (2 Tim. i. 18.) […] This prayer here is not to be so understood as if […] those here commemorated were [already] in rest in the Region of the Living; but as an Acknowledgement that their present Happiness is the free Gift of God […] to congratulate the same; and to wish the Increase of it; and the final Consummation of their Bliss at the last Day.’ 75
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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.
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A contract theory approach to special and differential treatment and the WTO

A contract theory approach to special and differential treatment and the WTO

SDT is not a niche area of the law of the multilateral trade regime. It goes to the very heart of developing and least developed countries’ legal settlement within the trade regime and is intrinsically tied to the legitimacy of the trade regime. It is part of the ‘package deal’ of Membership. The present study was prompted by an interest in the continuing contestation which exists on how to improve the operationalisation of SDT (see, for example, South Centre, 2017). It employed the conceptual framework provided by economic contract theory and the incomplete contract to provide a scaffold for analysing SDT to offer insights beyond those in the literature. The benefit of a contract theory analysis was that it helped us understand how SDT is incomplete and allowed us to identify and understand the consequences of such incompleteness; enriching our understanding of why vague or indeterminate SDT provisions are difficult to enforce and, by extension, why informational asymmetries present difficulties in monitoring compliance with SDT obligations. Accordingly, the contractual frame allowed us to identify the paragraph 44 mandate as a ‘normal’ response to the need to contractual incompleteness. It further allowed us to evaluate the TFA which we found offered a much improved approach to SDT under the WTO.
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The application of Rousseau's theory of social contract to corporate governance

The application of Rousseau's theory of social contract to corporate governance

It is the latter model that served as a basis for the traditional model of corporate governance: The contract model makes descriptive as well as prescriptive claims: the law recognizes t[r]

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Experiential Learning Theory:  From Theory To Practice

Experiential Learning Theory: From Theory To Practice

The first approach, personality, contains research that describes personality types or character traits. Based on Jungian psychology, Myers-Briggs Type Indicator (MBTI) is one of the most widely known and used analysis of personality. MBTI examines how the individual perceives the world and makes decisions. The second approach, information processing, examines how students absorb and use new information. David Kolb’s experiential learning model and learning styles inventory (LSI) is the most prominent theory and instrument used. The experiential learning model is a four stage circular process where for effective learning to occur, the learner must experience the entire cycle. Most students favor one part of the cycle over other parts hence their learning style preference. However, learning styles are not fixed and can change. The third approach, social interaction, focuses on how students behave in the classroom. A popular model, the Fuhrmann and Jacobs model classifies learners as dependent, collaborative, and independent. The fourth approach, instructional preferences, focuses on teaching methods and the learning environment. The Canfield Learning Style Inventory is a well known instrument for evaluating student instructional preference (Francis, Mulder, & Stark, 1995).
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