11. Identifying the terms of a contract

2021 ◽  
pp. 149-165
Author(s):  
Paul S. Davies
Keyword(s):  
Relevant Term

This chapter discusses the terms of a contract. It first examines the distinction between a ‘term’ and a ‘representation’, before considering how those terms can be incorporated into a contract. It then discusses the nature of the contract being examined—even if the relevant term is not to be found in the ‘main’ contract, it may be found in a ‘collateral’, or ancillary, contract. Finally, the chapter addresses the ‘parol evidence rule’, which essentially states that where there is a written contract, extrinsic evidence cannot be used to establish other terms. This rule is riddled with exceptions and often dismissed, although it is suggested that it should not be entirely discarded.

the other parties to a related contract. As will be seen below, some of these relationships, although not all, will be covered by the provisions of the Contracts (Rights of Third Parties) Act 1999 and may, more easily be regarded as giving rise to enforceable contractual rights in favour of a third party. In Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd, Dew & Co, a firm of motor factors agreed to distribute Dunlop tyres. Part of the agreement was that Dew would adhere to a price maintenance structure set out by Dunlop and that Dew would require any subsequent purchaser from them of Dunlop tyres also to adhere to that price maintenance structure. Dew sold Dunlop tyres to Selfridge, who then proposed to sell those tyres at a price lower than had been stipulated by Dunlop. The contract between Dew and Selfridge provided that Selfridge would adhere to Dunlop’s minimum prices and the question arose whether Dunlop could enforce the relevant term in their favour, despite the fact that they were not parties to the contract which contained the relevant term. The House of Lords held that as no consideration moved from Dunlop to Selfridge, the contract was unenforceable by Dunlop against Selfridge: Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, HL, p 853

1995 ◽  
pp. 753-755
Keyword(s):  
Third Parties ◽  
The Other ◽  
Third Party ◽  
House Of Lords ◽  
Relevant Term ◽  
Contractual Rights ◽  
Price Maintenance

Enabling Intelligence in Web-Based Collaborative Knowledge Management System

2013 ◽  
pp. 63-82
Author(s):  
Krissada Maleewong ◽  
Chutiporn Anutariya ◽  
Vilas Wuwongse
Keyword(s):  
Knowledge Management ◽  
Knowledge Creation ◽  
Management System ◽  
Knowledge Management System ◽  
Web Based ◽  
Creation Process ◽  
Relevant Term ◽  
Collaborative Knowledge Management ◽  
Knowledge Representation Language ◽  
Collaborative Knowledge

This paper presents an approach to enhance various intelligent services of a Web-based collaborative knowledge management system. The proposed approach applies the two widely-used argumentation technologies, namely IBIS and Toulmin’s argumentation schemes, to structurally capture the deliberation and collaboration occurred during the consensual knowledge creation process. It employs RDF and OWL as its underlying knowledge representation language with well-defined semantics and reasoning mechanisms. Users can easily create knowledge using a simple corresponding graphical notation with machine-processable semantics. Derivation of implicit knowledge, similar concept discovery, as well as semantic search, are also enabled. In addition, the proposed approach incorporates the term suggestion function for assisting users in the knowledge creation process by computing the relevance score for each relevant term, and presenting the most relevant terms to users for possible term reusing or equivalence concepts mapping. To ensure the knowledge consistency, a logical mechanism for validating conflicting arguments and contradicting concepts is also developed. Founded on the proposed approach, a Web-based system, namely ciSAM, is implemented and available for public usage.

scholarly journals Lombard weapons from Fiesole, Tuscany (6th – 7th century C.E.): old archaeological data for new considerations / Langobardsko orožje iz Fiesole v Toskani (6.–7. stoletje n. št.): stari arheološki podatki za nove razmisleke

2021 ◽  
Vol 9 (1) ◽  
pp. 67-86
Author(s):  
Andrea Biondi
Keyword(s):  
Late Antiquity ◽  
National Scale ◽  
Eastern Area ◽  
Archaeological Data ◽  
The North ◽  
North Eastern ◽  
Relevant Term ◽  
Similar Materials ◽  
Archaeological Analysis

The article focuses on the analysis of seven Lombard weapons datable between the end of 6th and the 7th century C.E. and present in the Archaeological Museum of Fiesole, in the north-eastern area of Tuscany in Italy. These objects, only partially published, and coming both from the Lombard necropolis of Area Garibaldi and from unknown contexts, have been compared with similar materials on national scale of the 6th-7th century C.E. and represent a relevant term of archaeological analysis for the transition between Late Antiquity Era and Lombard domination in Fiesole.

Competitive/comparative governance mechanisms beyond marketization: A refined concept of competition in education governance research

2020 ◽  
pp. 147490412095892
Author(s):  
Miriam Madsen
Keyword(s):  
Analytical Framework ◽  
Three Dimensions ◽  
Western World ◽  
Educational Governance ◽  
Managerial Decision ◽  
Widespread Application ◽  
Education Governance ◽  
Relevant Term ◽  
European Education ◽  
State Models

Much contemporary scholarship claims that competition has become a key characteristic of educational governance, and that competition occurs in educational governance as a consequence of the comparative turn in education. This article problematizes the widespread application of the concept of competition as a relevant term across (seemingly) all governance contexts, and seeks to overcome this problem by theorizing competition as an entangled phenomenon that takes on a different ontology according to the specific situations in which it occurs. This theorization highlights three dimensions of competition that may affect its ontology: the field of contestants, the rules of the game, and the competition objective. The result is an analytical framework that makes the concept of competition sensitive to different governance contexts across Europe and the Western world, including those with strong remnants of universalistic welfare state models. The analytical framework allows for a distinction between market-based competition and competition as a governance instrument that mediates managerial decision-making in which the contestants fight to avoid top-down reform rather than fighting against their peers. The analytical framework implies that we cannot characterize all European education systems as governed through competition-based mechanisms without caution and further specification.

10. Third parties

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
Relevant Term ◽  
The Common

This chapter considers two principal questions: firstly, may a person who is not a party to a contract acquire rights under it? Secondly, can a contract impose duties on a person who is not a party to it? With some exceptions, the common law answered ‘No’ to both. A contract between A and B cannot be enforced by a third party, C, even if the contract is for the benefit of C. Nor can a contract between A and B impose burdens on C. Following the Contracts (Rights of Third Parties) Act 1999 there is now a statutory exception to the principle that C acquires no rights under a contract between A and B. Under this Act, a third party might be able to enforce a term of the contract if the contract expressly provides that he may, or if the relevant term purports to confer a benefit on him.

11. Identifying the terms of a contract

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Relevant Term

This chapter discusses the terms of a contract. It first examines the distinction between a ‘term’ and a ‘representation’, before considering how those terms can be incorporated into a contract. It then discusses the nature of the contract being examined—even if the relevant term is not to be found in the ‘main’ contract, it may be found in a ‘collateral’, or ancillary, contract. Finally, the chapter addresses the ‘parol evidence rule’, which essentially states that where there is a written contract, extrinsic evidence cannot be used to establish other terms. This rule is riddled with exceptions and often dismissed, although it is suggested that it should not be entirely discarded.

10. Third parties

2021 ◽  
pp. 123-148
Author(s):  
Paul S. Davies
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
Relevant Term ◽  
The Common

This chapter considers two principal questions: firstly, may a person who is not a party to a contract acquire rights under it? Secondly, can a contract impose duties on a person who is not a party to it? With some exceptions, the common law answered ‘No’ to both. A contract between A and B cannot be enforced by a third party, C, even if the contract is for the benefit of C. Nor can a contract between A and B impose burdens on C. Following the Contracts (Rights of Third Parties) Act 1999 there is now a statutory exception to the principle that C acquires no rights under a contract between A and B. Under this Act, a third party might be able to enforce a term of the contract if the contract expressly provides that they may, or if the relevant term purports to confer a benefit on them.

Prerenal acute kidney injury—still a relevant term in modern clinical practice?

2020 ◽  
Author(s):  
Anthony Bonavia ◽  
Gregory Vece ◽  
Kunal Karamchandani
Keyword(s):  
Acute Kidney Injury ◽  
Complex Disease ◽  
Kidney Injury ◽  
Clinical Syndrome ◽  
Disease Spectrum ◽  
Relevant Term ◽  
Traditional Taxonomy ◽  
Similar Vein ◽  
Clinical Conditions ◽  
Underlying Pathophysiology

Abstract The traditional taxonomy of acute kidney injury (AKI) has remained pervasive in clinical nephrology. While the terms ‘prerenal’, ‘intrarenal’ and ‘postrenal’ highlight the diverse pathophysiology underlying AKI, they also imply discrete disease pathways and de-emphasize the nature of AKI as an evolving clinical syndrome with multiple, often simultaneous and overlapping, causes. In a similar vein, prerenal AKI comprises a diverse spectrum of kidney disorders, albeit one that is often managed by using a standardized clinical algorithm. We contend that the term ‘prerenal’ is too vague to adequately convey our current understanding of hypoperfusion-related AKI and that it should thus be avoided in the clinical setting. Practice patterns among nephrologists indicate that AKI-related terminology plays a significant role in the approaches that clinicians take to patients that have this complex disease. Thus, it appears that precise terminology does impact the treatment that patients receive. We will outline differences in the diagnosis and management of clinical conditions lying on the so-called prerenal disease spectrum to advocate caution when administering intravenous fluids to these clinically decompensated patients. An understanding of the underlying pathophysiology may, thus, avert clinical missteps such as fluid and vasopressor mismanagement in tenuous or critically ill patients.

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