10. Remedies of the buyer

2019 ◽  
pp. 139-158
Author(s):  
Eric Baskind
Keyword(s):  
Essential Information ◽  
Consumer Rights ◽  
Late Delivery ◽  
The Difference

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the various remedies that are available to a buyer under a contract of sale of goods, where the seller is in breach of the sales contract. It considers the regime of remedies introduced by the Consumer Rights Act 2015 and discusses a range of remedies such as rejecting the goods, suing for non-delivery or late delivery of the goods, suing for damages following the seller’s breach of warranty, requiring the seller to repair or replace the goods, claiming from the seller a reduction in the price, or rescinding the contract. The chapter then explains the difference between breach of condition of the contract and breach of warranty.

10. Remedies of the buyer

2017 ◽  
Author(s):  
Eric Baskind
Keyword(s):  
Essential Information ◽  
Consumer Rights ◽  
Late Delivery ◽  
The Difference

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the various remedies that are available to a buyer under a contract of sale of goods, where the seller is in breach of the sales contract. It considers the new regime of remedies introduced by the Consumer Rights Act 2015 and discusses a range of remedies such as rejecting the goods, suing for non-delivery or late delivery of the goods, suing for damages following the seller’s breach of warranty, requiring the seller to repair or replace the goods, claiming from the seller a reduction in the price, or rescinding the contract. The chapter then explains the difference between breach of condition of the contract and breach of warranty.

7. Occupiers’ Liability

2019 ◽  
pp. 85-100
Author(s):  
Dr Karen Dyer
Keyword(s):  
Tort Law ◽  
Control Test ◽  
Essential Information ◽  
Reasonable Care ◽  
Consumer Rights ◽  
Breach Of Duty ◽  
The Difference

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of occupiers' liability. In order to answer questions on this topic, students need to understand the following: the Occupiers' Liability Act 1957; the Occupiers' Liability Act 1984; the ‘control test’ — how ‘occupiers’ have been identified by the courts; the difference between a ‘visitor’ and a ‘non-visitor’, and the legal differences that arise; how the courts have interpreted ‘reasonable care’; the concept of ‘breach of duty’ and ‘causation’ in negligence; excluding or restricting negligence liability under s. 65 Consumer Rights Act 2015; and general defences in tort law.

5. Exclusion and limitation clauses

2019 ◽  
pp. 71-84
Author(s):  
Eric Baskind
Keyword(s):  
Common Law ◽  
Essential Information ◽  
Goods And Services ◽  
Consumer Rights ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on clauses designed to exclude or limit a party’s liability, first considers exclusion or limitation clauses in the UK under common law rules, the Unfair Contract Terms Act 1977, and the Consumer Rights Act 2015. It explains the distinction between an exclusion clause and a limitation clause before discussing the two main methods of controlling exclusion clauses adopted by the courts. The chapter examines the exclusion or restriction of the statutory implied terms under the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, and the Supply of Goods and Services Act 1982. Finally, it considers the rules introduced by the Consumer Rights Act 2015 in relation to consumer transactions.

1. Introduction to contracts of sale of goods

2019 ◽  
pp. 1-11
Author(s):  
Eric Baskind
Keyword(s):  
General Introduction ◽  
Essential Information ◽  
Consumer Rights ◽  
English Law ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter provides a general introduction to sale of goods law in the UK. It explains the sale of goods contract, why there is a different framework for these types of contract under English law, and the specific legislation for contracts of sale of goods and other relevant transactions. The chapter considers the statutory definitions for contract, property, and goods, and discusses the distinction between sales and agreements to sell, between specific goods and unascertained goods, and between existing goods and future goods. The chapter introduces and provides an analysis of the Consumer Rights Act 2015 which subsequent chapters then build upon. Finally, it examines contracts other than of sale of goods.

scholarly journals Estimation accuracy of covariance matrices when their eigenvalues are almost duplicated

2018 ◽  
Vol 7 ◽  
Author(s):  
Kantaro Shimomura ◽  
Kazushi Ikeda
Keyword(s):  
Covariance Matrix ◽  
Estimation Method ◽  
Estimation Accuracy ◽  
Essential Information ◽  
The Matrix ◽  
The Difference ◽  
Processing Techniques ◽  
Monotonic Property ◽  
Signal Processing Techniques ◽  
Special Case

The covariance matrix of signals is one of the most essential information in multivariate analysis and other signal processing techniques. The estimation accuracy of a covariance matrix is degraded when some eigenvalues of the matrix are almost duplicated. Although the degradation is theoretically analyzed in the asymptotic case of infinite variables and observations, the degradation in finite cases are still open. This paper tackles the problem using the Bayesian approach, where the learning coefficient represents the generalization error. The learning coefficient is derived in a special case, i.e., the covariance matrix is spiked (all eigenvalues take the same value except one) and a shrinkage estimation method is employed. Our theoretical analysis shows a non-monotonic property that the learning coefficient increases as the difference of eigenvalues increases until a critical point and then decreases from the point and converged to the distinct case. The result is validated by numerical experiments.

scholarly journals Net Fisheries’ Métiers in the Eastern Mediterranean: Insights for Small-Scale Fishery Management on Kalymnos Island

Water ◽  
2019 ◽  
Vol 11 (7) ◽  
pp. 1509 ◽  
Author(s):  
Kyriakoula Roditi ◽  
Dimitris Vafidis
Keyword(s):  
Mediterranean Sea ◽  
Fishery Management ◽  
Eastern Mediterranean ◽  
Market Price ◽  
Aegean Sea ◽  
Small Scale ◽  
Target Species ◽  
Essential Information ◽  
Small Scale Fisheries ◽  
The Difference

Small-scale fisheries constitute an important component of coastal human societies. The present study describes the small-scale net fisheries on Kalymnos Island (south-east Aegean Sea) that harbors the largest small-scale fleet in the eastern Mediterranean Sea. In addition, this study aims to evaluate their characteristics and economics. Relevant métiers were identified through a multivariate analysis by inputting the main resources and fishing gear data that were recorded during landings. Four main practices were observed being used as fishing gears, gillnets and trammel nets, targeting the species Mullus barbatus, Boops boops, Mullus surmuletus, Scorpaena porcus, and Sepia officinalis. Further analysis, which incorporated data concerning the type of the gear used, revealed 11 distinct métiers. Most of these métiers are practiced by other Mediterranean small-scale fisheries as well, in terms of target species, gear and seasonality. However, the métier that had its target species as B.boops is not practiced in other Mediterranean small-scale fisheries. The seasonal rotation of métiers was determined by the availability of different species rather than their market price. The results revealed the difference in fishing practice used by the fishermen in the study area compared to other fishing practices in the Mediterranean Sea. In particular, the fishermen of this study area targeted more species (B.boops) with a very low market price. They also provided essential information for the development and implementation of management plans aiming at the sustainability of small-scale fisheries.

scholarly journals COVID-19s Impact on the Hispanic Community: How Understanding Culture Can Improve Outcomes

2020 ◽  
Vol 3 ◽  
Author(s):  
Yamilet Guerra ◽  
Brenda Hudson
Keyword(s):  
Minority Groups ◽  
Care Delivery ◽  
Grey Literature ◽  
Past Research ◽  
Collective Good ◽  
Essential Information ◽  
Hispanic Community ◽  
Hispanic Patients ◽  
The Difference ◽  
Incidence Of Hospitalization

Background   A disproportionate burden of SARS-Cov-2 infection, or coronavirus disease 2019 (Covid-19), and death are highest among racial and ethnic minority groups. Based on data available on June 12, 2020, Hispanic people are more likely to acquire COVID-19 and have higher incidence of hospitalization and death compared to their white, non-Hispanic counterparts. While this issue is complex, many have hypothesized that the difference is due to societal factors and communication methods. The aim of this project was to evaluate information related to how the Hispanic population is affected by COVID-19 and how communications about the disease should be designed based on past research, physician input, and cultural sensitivities.    Methods  We conducted a thorough literature search on COVID-19 articles, both peer reviewed and grey literature, evaluating race and ethnic differences in disease prevalence and severity. Additionally, we conducted interviews with a small number of Indiana doctors who treat Hispanic patients to obtain a doctor’s perspective on the Hispanic community’s needs during the pandemic and ways to help reduce prevalence.    Results  Physicians in Indiana believe the main approach to help the Hispanic community is by utilizing trusted community resources to communicate information and build relationships with patients over time. It is recommended to develop new methods to deliver essential information about COVID-19 through multiple mediums, in a clear way, and in Spanish with focus on the collective good of the family.  In addition, it is important not to just translate resources from English to Spanish but to design materials addressing barriers specific to the Hispanic community.    Conclusion   More culturally tailored information should be released to educate the Hispanic community about COVID-19. This information will assist in the design of materials and initiatives for the Hispanic community that we hope will improve methods of communication and care delivery related to COVID-19.  

scholarly journals Predicting Spatial Visualization Problems’ Difficulty Level from Eye-Tracking Data

Sensors ◽  
2020 ◽  
Vol 20 (7) ◽  
pp. 1949
Author(s):  
Xiang Li ◽  
Rabih Younes ◽  
Diana Bairaktarova ◽  
Qi Guo
Keyword(s):  
Machine Learning ◽  
Eye Tracking ◽  
Eye Movement ◽  
Spatial Visualization ◽  
Difficulty Level ◽  
Tracking Data ◽  
Multiple Choice Questions ◽  
Essential Information ◽  
E Learning ◽  
The Difference

The difficulty level of learning tasks is a concern that often needs to be considered in the teaching process. Teachers usually dynamically adjust the difficulty of exercises according to the prior knowledge and abilities of students to achieve better teaching results. In e-learning, because there is no teacher involvement, it often happens that the difficulty of the tasks is beyond the ability of the students. In attempts to solve this problem, several researchers investigated the problem-solving process by using eye-tracking data. However, although most e-learning exercises use the form of filling in blanks and choosing questions, in previous works, research focused on building cognitive models from eye-tracking data collected from flexible problem forms, which may lead to impractical results. In this paper, we build models to predict the difficulty level of spatial visualization problems from eye-tracking data collected from multiple-choice questions. We use eye-tracking and machine learning to investigate (1) the difference of eye movement among questions from different difficulty levels and (2) the possibility of predicting the difficulty level of problems from eye-tracking data. Our models resulted in an average accuracy of 87.60% on eye-tracking data of questions that the classifier has seen before and an average of 72.87% on questions that the classifier has not yet seen. The results confirmed that eye movement, especially fixation duration, contains essential information on the difficulty of the questions and it is sufficient to build machine-learning-based models to predict difficulty level.

6. Exemption clauses and unfair contract terms

2021 ◽  
pp. 120-141
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Common Law ◽  
Critical Test ◽  
Essential Information ◽  
Consumer Rights ◽  
Legislative Regulation ◽  
Consumer Contracts ◽  
The Common ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the use and enforceability of exemption clauses (total exclusion or limitation of liability clauses inserted into contracts) and their legislative regulation. Whereas the regulation of such clauses is limited to the common law and UCTA 1977 in the case of commercial contracts (B2B), in the case of consumer contracts (B2C) the law intervenes to control a broader category of terms, ‘unfair contract terms’ (Consumer Rights Act 2015) with the critical test being ‘unfairness’.

7. Remedies for breach of contract

2021 ◽  
pp. 142-166
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Breach Of Contract ◽  
Essential Information ◽  
Contributory Negligence ◽  
The Difference

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on damages, the aim of which is generally to protect the claimant’s contractual expectation and put the claimant into the position they would have been in had the contract been properly performed. The lost expectation may be measured in terms of the difference between what the claimant expected to get and what was actually received. There are limitations on the claimant’s ability to be fully compensated for losses as a result of breach, i.e. remoteness, mitigation, contributory negligence, and the ability to recover for non-pecuniary losses in contract. This chapter also examines agreed damages clauses and the operation of the penalty rule.

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