scholarly journals Reasonable, Adequate and Efficient Allocation of Liability Costs for Automated Vehicles: A Case Study of the German Liability and Insurance Framework

2018 ◽  
Vol 9 (3) ◽  
pp. 548-563 ◽  
Author(s):  
Fabian PÜTZ ◽  
Finbarr MURPHY ◽  
Martin MULLINS ◽  
Karl MAIER ◽  
Raymond FRIEL ◽  
...  

In general, a functioning liability and insurance framework should ensure an adequate level of third party claimant protection and a reasonable and adequate final allocation of liability costs for the involved parties. This research examines whether the liability and insurance framework resulting from the amendment to German Road Traffic Act meets these two central objectives. The article shows that a reasonable and adequate allocation of liability costs is inhibited because of several barriers that hinder the shift of liability costs from the owner of the vehicle to the manufacturer. In particular, it is highly dependent on the practical application of subrogation claims. The ability and the motivation of motor insurers to conduct subrogation claims could be negatively affected because of a lack of required technical and engineering know-how and because a market-wide conduction of subrogation claims would erode the business model of motor insurance. This article proposes changes to the current framework particularly by removing specific exclusions of product liability and by easing the burden of proof of a product defect.

Author(s):  
Hugh Lafollette

Valuable armchair arguments are shaped by significant reservoirs of knowledge, albeit knowledge that lies in their background, rather than the foreground. So understood armchair arguments are essential to any serious investigation of the issue of gun control. They help establish the burden of proof: they show what it is reasonable to believe if the rights-based arguments and the empirical evidence are less than compelling. They inform the arguments about the serious right to bear arms. They are essential in seeking and evaluating empirical evidence: they enable researchers to know how to structure empirical research and how to interpret their findings.


Author(s):  
Antonio Sánchez Herguedas ◽  
Adolfo Crespo Márquez ◽  
Francisco Rodrigo Muñoz

Abstract This paper describes the optimization of preventive maintenance (PM) over a finite planning horizon in a semi-Markov framework. In this framework, the asset may be operating, and providing income for the asset owner, or not operating and undergoing PM, or not operating and undergoing corrective maintenance following failure. PM is triggered when the asset has been operating for τ time units. A number m of transitions specifies the finite horizon. This system is described with a set of recurrence relations, and their z-transform is used to determine the value of τ that maximizes the average accumulated reward over the horizon. We study under what conditions a solution can be found, and for those specific cases the solution τ* is calculated. Despite the complexity of the mathematical solution, the result obtained allows the analyst to provide a quick and easy-to-use tool for practical application in many real-world cases. To demonstrate this, the method has been implemented for a case study, and its accuracy and practical implementation were tested using Monte Carlo simulation and direct calculation.


Buildings ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 260
Author(s):  
James Ellis ◽  
David John Edwards ◽  
Wellington Didibhuku Thwala ◽  
Obuks Ejohwomu ◽  
Ernest Effah Ameyaw ◽  
...  

This research explores the failure of competitively tendered projects in the UK construction industry to procure the most suited contractor(s) to conduct the works. Such work may have equal relevance for other developed nations globally. This research seeks to teach clients and their representatives that “lowest price” does not mean “best value”, by presenting a case study of a successfully negotiated tender undertaken by a small-to-medium enterprise (SME) contractor; SME studies are relatively scant in academic literature. By applying the “lessons learnt” principle, this study seeks to improve future practice through the development of a novel alternative procurement option (i.e., negotiation). A mixed philosophical stance combining interpretivism and pragmatism was used—interpretivism to critically review literature in order to form the basis of inductive research to discuss negotiation as a viable procurement route, and pragmatism to analyse perceptions of tendering and procurement. The methods used follow a three-stage waterfall process including: (1) literature review and pilot study; (2) quantitative analysis of case study data; and (3) qualitative data collection via a focus group. Our research underscores the need to advise clients and their representatives of the importance of understanding the scope of works allowed within a tender submission before discounting it based solely on price. In addition, we highlight the failings of competitive tendering, which results in increased costs and project duration once the works commence on site. These findings provide new contemporary insight into procurement and tendering in the construction industry, with emphasis on SME contractors, existing relationships, and open-book negotiation. This research illustrates the adverse effects of early cost estimates produced without first securing a true understanding of project buildability and programming. Our work concludes with a novel insight into an alternative procurement option that involves early SME contractor involvement in an open-book environment, without the need for a third-party cost control.


2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Guillaume Peterson St-Laurent ◽  
Lauren E. Oakes ◽  
Molly Cross ◽  
Shannon Hagerman

AbstractConservation practices during the first decade of the millennium predominantly focused on resisting changes and maintaining historical or current conditions, but ever-increasing impacts from climate change have highlighted the need for transformative action. However, little empirical evidence exists on what kinds of conservation actions aimed specifically at climate change adaptation are being implemented in practice, let alone how transformative these actions are. In response, we propose and trial a novel typology—the R–R–T scale, which improves on existing concepts of Resistance, Resilience, and Transformation—that enables the practical application of contested terms and the empirical assessment of whether and to what extent a shift toward transformative action is occurring. When applying the R–R–T scale to a case study of 104 adaptation projects funded since 2011, we find a trend towards transformation that varies across ecosystems. Our results reveal that perceptions about the acceptance of novel interventions in principle are beginning to be expressed in practice.


2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Pen Lister

AbstractThis paper discusses the uses and applications of the Pedagogy of Experience Complexity for Smart Learning (PECSL), a four-tier model of considerations for the design and development of smart learning activities. Using existing mobile apps and relevant activities as illustrative examples, the PECSL is applied to indicate concepts and mechanisms by which useful pedagogical considerations can work alongside user-centred design principles for the design and development of smart learning in urban hyper-localities. Practical application of the model is discussed using real world examples of activities as a basis to demonstrate the potential for manifold opportunities to learn, and plan for experience complexity in a smart learning activity. Case study approaches reflect on aspects of the PECSL in how it might be a useful and pragmatic guide to some of the issues faced when designing digital citizen learning activities in complex urban environments.


2021 ◽  
Vol 13 (11) ◽  
pp. 6172
Author(s):  
Krystian Szewczyński ◽  
Aleksander Król ◽  
Małgorzata Król

Urban road tunnels are a reasonable remedy for inconvenience due to congested road traffic. However, they bring specific threats, especially those related to the possibility of fire outbreak. This work is a case study for selected urban road tunnels. Considering tunnel specificity, road traffic intensity, and structure and based on the literature data for vehicle fire probability, the chances of a fire accident were estimated for selected tunnels in Poland. It was shown that low power tunnel fires could be expected in the 10–20-year time horizon. Although such threats cannot be disregarded, tunnel systems are designed to cope with them. The chances of a disastrous fire accident were estimated as well. Such events can occur when an HGV with flammable goods or a tanker are involved. Such accidents are fortunately very rare, but, on the other hand, that is the reason why the available data are scanty and burdened with high uncertainty. Therefore, a discussion on the reliability of the obtained results is also provided.


2020 ◽  
Vol 13 (1) ◽  
pp. 210
Author(s):  
Carlos Martin-Rios ◽  
Anastasia Hofmann ◽  
Naomi Mackenzie

Food is essential to our survival, yet the Food and Agriculture Organization of the United Nations (FAO) estimates that about 820 million people were undernourished in 2018. In this context, food waste generation is a particularly salient issue. Wasting food means missing opportunities to feed the growing world population and consuming scarce resources, such as land, water and energy used in the production, processing, distribution and consumption of food. Firms in HORECA (hospitality, restaurant and catering) represent a considerable share of total food waste and, more importantly, are characterized by an overall low sense of awareness about the sustainability-oriented innovation opportunities and challenges of minimizing food waste. This article draws on an in-depth case study to explore the use of technological advancements in downstream value chain. This case study draws on a tech startup providing services for HORECA companies to address a new way for companies to solve the food waste challenge. Adopting technological innovations to quantify and minimize wastage via collaborations with third-party companies can be a strategic and cost-effective way to supplement a company’s open innovation activities.


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