26. Remedies:

Author(s):  
Christian Witting

This chapter examines the basic principles of remedies for tort claims. It explains that a defendant can claim self-help remedies or judicial remedies. The judicial remedies include damages, accounts of profits, and injunctions. This chapter discusses principles concerning the award of the different types of damages, which include nominal damages, aggravated damages, exemplary damages, and contemptuous damages. It also considers limits to the recovery of damages.

Author(s):  
Christian Witting

This chapter examines the basic principles of remedies for tort claims. The judicial remedies include damages and injunctions. This chapter discusses principles concerning the award of the different types of damages, which include nominal damages, aggravated damages, exemplary damages, and contemptuous damages. Special reference is made to the application of the principles in cases of death and personal injury.


2021 ◽  
pp. 652-688
Author(s):  
Christian Witting

This chapter examines the basic principles of remedies for tort claims. The judicial remedies include damages and injunctions. This chapter discusses principles concerning the award of the different types of damages, which include nominal damages (for rights infringements resulting in no tangible loss), aggravated damages (for affronts to the claimant’s dignity), exemplary damages (which are designed to punish and deter future wrongdoing), and contemptuous damages. Special reference is made to the application of the principles in cases of death and personal injury, the former topic encompassing discussion of the survival of actions principle and of the Fatal Accidents Act 1976.


2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Daniel A. Solomon ◽  
Danny A. Milner

Abstract Understanding and interpreting the molecular tests for Clostridium difficile is challenging because there are several different types of assays and most laboratories combine multiple tests in order to assess for presence of disease. This learning unit demonstrates the basic principles of each test along with its strengths and weaknesses, and illustrates how the tests are used in clinical practice.


2021 ◽  
Vol 76 (1) ◽  
pp. 23-29
Author(s):  
L. Samarska ◽  
◽  
N.M. Sas ◽  

The choice of the article’s topic is conditioned by the necessity to develop happiness management (such as knowledge management, time management, etc.). With considerable attention to the definition of “happiness”, the analysis of recent publications reveals that it is crucial to understand the deep foundations of happiness, create a typology, reveal the basic principles of different types of understanding of happiness, which was chosen as the topic research. Theoretical approaches to the definition of “happiness” are chosen sociology of imagination of G. Durand, the theory of archetypes of C. Jung, and the theory of images and dreams of G. Bachelard. In the context of this system of views, the idea of happiness is the result of a free play of the imagination, which, while being on the path from past to future, is transformed, revealed, comes accurate as a result of previous collective and individual intermediate ideas, and is enriched and concretised by individual people, social groups, individuals. The mythos of happiness across nations and people differs in the way, method, and tools of individuation, the discovery of the Self. The anthropological tract of happiness has an end to its existence. It is determined by the cessation of existence, the life of nations and individuals. The desire to experience pleasure (according to Freud), the desire to rise (according to Durand) are reflexive, which determines the physiological basis of happiness. Representations of happiness determine priorities, coordinate the direction of thinking, actions, reactions to external circumstances, and choose ways to achieve happiness. This is done through the transcendental function (according to Jung) – a psychological function that arises from the connection of the content of the unconscious with the content of consciousness. Achieving happiness allows one to strengthen the subjectivity and reveal their uniqueness, which allows them to identify typological features (archetypes) of behavioural reactions of people based on individual and group ideas about happiness. The authors reveal the basic foundations of such archetypes of happiness as hedonism, eudemonia, “rat racing”, nihilism, subjective well-being.


Author(s):  
А. E. Tyulin ◽  
◽  
V. V. Betanov ◽  

The article focuses on the issues of creating promising space technologies, their general characteristics, and special features. The basic principles for creating and implementing key navigation-ballistic technologies, which help ensure efficient control of spacecraft, are substantiated. A classification of the technologies is proposed based on the characteristics most often used in the area under consideration. Two bar charts of a typical technological cycle of navigation-ballistic support with the possibility of processing a joint sample of measurements of current navigation parameters and recurrent Kalman processing algorithms are analyzed. A variant of a general classification of technologies that allows singling out and correlating different types and classes of technologies is given. This contributes (especially at the early stages) to the improvement of the efficiency of their development.


Author(s):  
M. Vаsylenko ◽  
D. Buslаiev ◽  
O. Kаlinin ◽  
Yu. Kononogov

Purpose. The researched of the wear resistance of hardened plowshares by electroarc and abrasion-resistant electrodes, when they are used in soils of different types. Methods. Conducting and planning an experiment, mathematical statistics and analytical processing of experimental data, field tests of experimental plowshares using the basic principles of the theory of friction and abrasive wear. Results. The characteristic defects of shares operating in different types of soils are determined. According to the proposed hardening technology, the wear rate of experimental shares is reduced. Conclusions 1.It has been established that the nature of the parts of tillage machines wear is significantly different when operating on various types of soils. 2.It was found that the wear rate of hardened plowshares for sandy soils is 1.2–1.6 times less than that of serial parts; hardened plowshares for clay soils also have a wear rate of 1.2–1.3 times less than serial ones. Keywords: exploitation, hardfacing, plowshares, soils of different types, wear, wear resistance.


Author(s):  
Andrew Burrows

The concept of a remedy has rarely been subjected to rigorous analysis. Views may differ as to precisely what one is talking about. In this book, a remedy is used to denote the relief that a person can seek from a court. The focus is therefore entirely on judicial remedies; and not on what are sometimes termed ‘self-help’ remedies, which are available without coming to court, such as out of court settlements, termination of a contract, and the ejection of trespassers. Put another way, this book examines what a person can obtain from a court to counter an infringement (or threatened infringement) of his or her rights by a tort or breach of contract (or, in chapter 26, by an equitable wrong); but it is not concerned with any other legally permissible options open to a person to counter such an infringement.


Author(s):  
Andrews Neil

This Part mostly concerns judicial remedies for breach of contract (the self-help remedy of forfeiture of a deposit is noted at [27.109]). The chapter sequence reflects both the division between Common Law (chapters 27 and 28) and Equity (chapter 29) but, more importantly, the practical importance of the judicial remedies, debt mattering more than damages, and in turn damages more than specific performance or injunctions. And so chapter 27 concerns ‘Debt’ (but agreed damages, ie liquidated damages clauses, are treated in the same chapter because the sum payable is, by definition, fixed or calculable in advance; but technically, agreed damages are damages and not a cause of action sounding in debt). Chapter 28 concerns damages, that is, compensation. Damages is a branch of the law which continues to generate a mass of intricate case law. Finally, chapter 29 concerns the equitable remedies of specific performance, injunctions, account of profits, and declarations. It is a fundamental principle that specific performance can be granted only if the Common Law remedies (debt and damages) are inadequate on the relevant facts. Chapter 27: The predominant claim for contractual default is the action for debt, to compel payment. Statistically this is the front-runner amongst remedies for breach. The availability of interest is also noted in this chapter.


2012 ◽  
Vol 2 (3) ◽  
Author(s):  
Michaela Bačíková ◽  
Jaroslav Porubän

AbstractA graphical user interface (GUI, UI) is an important part of an application, with which users interact directly. It should be implemented in the best way with respect to understandability. If a user does not understand the terms in the UI, he or she cannot work with it; then the whole system is worthless. In order to serve well the UI should contain domain-specific terms and describe domain-specific processes. It is the primary source for domain analysis right after domain users and experts. Our general goal is to propose a method for an automatic domain analysis of user interfaces. First, however, the basic principles and stereotypes must be defined that are used when creating user interfaces and rules must be derived for creating an information extracting algorithm. In this paper these stereotypes are listed and analyzed and a set of rules for extracting domain information is created. A taxonomy of UIs and a taxonomy of components based on their domain-specific information is also proposed. Our DEAL method for extracting this information is outlined and a prototype of DEAL is presented. Also our goals for the future are listed: expanding the prototype for different components and different types of UIs.


2011 ◽  
Vol 55 (1) ◽  
pp. 121-146
Author(s):  
Filip Schmidt

The article discusses contemporary changes in intimate relationships. A starting point for this discussion is Anthony Giddens’s theory presented in his book The Transformation of Intimacy (1992), particularly the specificity of self-help literature as a source of information for sociological reasoning. On the example of housework, the nature of the tensions between the conflict expectations of partners is presented. Today, many people are torn between several different models of intimate relations and different needs. The thesis of the article is that the ambivalence observed in the process of relationship formation is neither marginal nor only psychological but it represents tensions between different types and dimensions of knowledge which are used in this process. This ambivalence is also a perfect indicator of the discourse struggle in the public sphere and an element of changes of social bonds; its study may help answer the question about transformation of intimacy and about the commonness of “pure relations” or other models of intimate relationships.


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