Part II International Sales Governed by the UN Sale Convention 1980 (CISG), 11 Formation and Performance of the Contract

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
External Source ◽  
The Face ◽  
English Law ◽  
And Performance ◽  
Standard Terms ◽  
International Sales ◽  
Contractual Agreement

This chapter discusses the differences in the formation and performance of the contract between the Sale of Goods Act and the CISG. The differences between English law and the CISG are various. They include, first, rules in the CISG that have no counterpart in English sales law. They also include rules that on the face of it differ from their English equivalents, rules that appear to accord with English law but on closer inspection may depart from it, and rules in English law that are not to be found in the CISG. The chapter pays attention to the form in which the contractual agreement may be expressed, to the incorporation of standard terms in the contract by reference to an external source, to the question whether and to what extent all communications passing between the parties constitute part of the contract, and to the interpretation of the contract itself.

Epistemic self-esteem of philosophers in the face of philosophical disagreement

Human Affairs ◽  
2020 ◽  
Vol 30 (3) ◽  
pp. 328-342
Author(s):  
László Bernáth ◽  
János Tőzsér
Keyword(s):  
Self Esteem ◽  
Moderate Level ◽  
Significant Extent ◽  
Fourth Section ◽  
Philosophical Beliefs ◽  
Low Level ◽  
The Third ◽  
Epistemic Peers ◽  
The Face ◽  
And Performance

AbstractOur paper consists of four parts. In the first part, we describe the challenge of the pervasive and permanent philosophical disagreement over philosophers’ epistemic self-esteem. In the second part, we investigate the attitude of philosophers who have high epistemic self-esteem even in the face of philosophical disagreement and who believe they have well-grounded philosophical knowledge. In the third section, we focus on the attitude of philosophers who maintain a moderate level of epistemic self-esteem because they do not attribute substantive philosophical knowledge to themselves but still believe that they have epistemic right to defend substantive philosophical beliefs. In the fourth section, we analyse the attitude of philosophers who have a low level of epistemic self-esteem in relation to substantive philosophical beliefs and make no attempt to defend those beliefs. We argue that when faced with philosophical disagreement philosophers either have to deny that the dissenting philosophers are their epistemic peers or have to admit that doing philosophy is less meaningful than it seemed before. In this second case, philosophical activity and performance should not contribute to the philosophers’ overall epistemic self-esteem to any significant extent.

Preserving Integrity in the Face of Performance Threat

2012 ◽  
Vol 23 (12) ◽  
pp. 1455-1460 ◽  
Author(s):  
Lisa Legault ◽  
Timour Al-Khindi ◽  
Michael Inzlicht
Keyword(s):  
Error Detection ◽  
Error Monitoring ◽  
Error Related Negativity ◽  
Threatening Information ◽  
Electrophysiological Responses ◽  
The Face ◽  
And Performance ◽  
The Impact ◽  
The Brain

Self-affirmation produces large effects: Even a simple reminder of one’s core values reduces defensiveness against threatening information. But how, exactly, does self-affirmation work? We explored this question by examining the impact of self-affirmation on neurophysiological responses to threatening events. We hypothesized that because self-affirmation increases openness to threat and enhances approachability of unfavorable feedback, it should augment attention and emotional receptivity to performance errors. We further hypothesized that this augmentation could be assessed directly, at the level of the brain. We measured self-affirmed and nonaffirmed participants’ electrophysiological responses to making errors on a task. As we anticipated, self-affirmation elicited greater error responsiveness than did nonaffirmation, as indexed by the error-related negativity, a neural signal of error monitoring. Self-affirmed participants also performed better on the task than did nonaffirmed participants. We offer novel brain evidence that self-affirmation increases openness to threat and discuss the role of error detection in the link between self-affirmation and performance.

Covering Blood and Graves

2018 ◽  
pp. 213-237
Author(s):  
Nancy O. Gallman ◽  
Alan Taylor
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Spanish Law ◽  
Indigenous Groups ◽  
Spanish Florida ◽  
The Face ◽  
English Law ◽  
Corporate Autonomy

Gallman and Taylor take up murder at the boundary zones between the Iroquois and British settlers and between Spanish Florida and the Lower Creeks and Seminoles. Despite contrasts between the legal systems of the empires—civil law and inquisitorial procedure on the Spanish side, common law and trial by jury on the British side—indigenous groups came to similar conclusions regarding murder. Specifically, Native leaders rejected execution of the guilty, as proposed by English law, or other punishments, from execution to imprisonment to exile, under Spanish law. They opted instead to resolve matters by “covering the grave,” or giving gifts by the culpable party to the aggrieved party in lieu of revenge. This practice was less likely to spark a blood feud and enabled indigenous groups to preserve corporate autonomy in the face of pressures to conform to imperial norms. Though reluctantly, imperial officials often went along with this in order to keep the peace.

15. International sales

2020 ◽  
pp. 501-524
Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner
Keyword(s):  
International Trade ◽  
Future Developments ◽  
English Law ◽  
International Sales

This chapter examines the rules of English law governing international commercial sales, a subject of disproportionate importance because of the surprisingly large proportion of international trade carried on under contracts governed by English law by choice of the parties. Contracts of this type expose the parties to greater risks than purely domestic sales. The chapter gives detailed coverage of typical export transactions and INCOTERMS, both marine and non-marine, including FOB contracts, FAS contracts, CIF contracts and variants of the CIF contract, and DAP contracts as well as FCA, CIP, and similar contracts. Likely future developments are also mentioned.

4. Enforceability of promises: consideration and promissory estoppel

2019 ◽  
pp. 123-169
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
General Requirement ◽  
Binding Effect ◽  
Legal Duty ◽  
English Law ◽  
The Law ◽  
And Performance

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Under English law, bargains and not gratuitous promises are enforced, thus a promise will not be enforceable if it is not contained in a deed (implying that any promise is taken seriously) or supported by consideration. Consideration refers to an act or a promise given in exchange for the promise (that is, the price for which the other’s promise was bought). The law does not recognize some acts or promises as good consideration, such as past consideration and performance of an existing legal duty. This chapter examines the general requirement in English law to provide consideration in order to enforce a contractual promise. The consideration requirement is relevant not only to the formation of a contract but also to the enforceability of promises altering the terms of an existing contract (alterations). An alteration promise that is not supported by consideration may still have some binding effect on the basis of the doctrine of promissory estoppel.

15. International sales

2017 ◽  
Author(s):  
MA Clarke ◽  
RJA Hooley ◽  
RJC Munday ◽  
LS Sealy ◽  
AM Tettenborn ◽  
...  
Keyword(s):  
International Trade ◽  
Future Prospects ◽  
Chamber Of Commerce ◽  
English Law ◽  
International Chamber Of Commerce ◽  
International Sales

This chapter examines the rules of English law governing international sales as they affect buyer and seller. There is more than one way in which a sale of goods contract may have an international element. For example, the seller and buyer may be in different jurisdictions, or the contract of sale may contemplate that the goods are to be carried from one country to another. A surprisingly large proportion of international trade is carried on under contracts governed by English law by choice of the parties. This chapter begins with a discussion of typical export transactions under INCOTERMS 2010, a set of international rules for the interpretation of trade terms promulgated by the International Chamber of Commerce. It then considers sales via sea carriage, along with other contracts involving international sales. It also analyses payment in international sales transactions and concludes with an overview of future prospects for international sales.

Self-Control and Academic Achievement

2019 ◽  
Vol 70 (1) ◽  
pp. 373-399 ◽  
Author(s):  
Angela L. Duckworth ◽  
Jamie L. Taxer ◽  
Lauren Eskreis-Winkler ◽  
Brian M. Galla ◽  
James J. Gross
Keyword(s):  
Academic Achievement ◽  
Process Model ◽  
Self Control ◽  
Academic Goals ◽  
Course Grades ◽  
Long Run ◽  
The Face ◽  
Standardized Achievement Tests ◽  
And Performance ◽  
The Moment

Self-control refers to the alignment of thoughts, feelings, and actions with enduringly valued goals in the face of momentarily more alluring alternatives. In this review, we examine the role of self-control in academic achievement. We begin by defining self-control and distinguishing it from related constructs. Next, we summarize evidence that nearly all students experience conflict between academic goals that they value in the long run and nonacademic goals that they find more gratifying in the moment. We then turn to longitudinal evidence relating self-control to academic attainment, course grades, and performance on standardized achievement tests. We use the process model of self-control to illustrate how impulses are generated and regulated, emphasizing opportunities for students to deliberately strengthen impulses that are congruent with, and dampen impulses that are incongruent with, academic goals. Finally, we conclude with future directions for both science and practice.

Nonsurgical Redefinition of the Chin and Jawline of Younger Adults With a Hyaluronic Acid Filler: Results Evaluated With a Grid System Approach

2020 ◽  
Author(s):  
Dario Bertossi ◽  
Massimo Robiony ◽  
Andrea Lazzarotto ◽  
Giorgio Giampaoli ◽  
Riccardo Nocini ◽  
...  
Keyword(s):  
Hyaluronic Acid ◽  
Grid System ◽  
Level Of Evidence ◽  
Younger Adults ◽  
Lower Face ◽  
Age Related ◽  
Tissue Edema ◽  
The Face ◽  
The Mean ◽  
And Performance

Abstract Background Aesthetic treatment of the lower face is increasingly in demand, particularly owing to age-related changes in appearance. VYC-25L is a novel hyaluronic acid filler with high G′ and high cohesivity, specifically designed for sculpting and contouring of the chin and jaw. Objectives The aim of this study was to assess the use of a grid traced onto the chin and jaw for guiding treatment with VYC-25L. Methods This was a retrospective, single-center analysis of data from adult patients undergoing treatment of the lower third of the face with VYC-25L. A grid system of horizontal and vertical lines was used to systematize the process of treatment planning and performance. Results Thirty subjects were enrolled (53.3% female; mean [standard deviation] age, 34.4 [2.8] years). The mean quantity of VYC-25L used was 4.0 [0.8] mL. Based on the 5-point Global Aesthetic Improvement Scale, 29 patients (96.7%) rated their appearance at 20 days posttreatment as “much improved” or “very much improved.” The only complications recorded were early transient soft-tissue edema (n = 14; 46.7%) and bruising (n = 6; 20.0%). There were no cases of infection, paresthesia, asymmetry, hematoma, necrosis, or skin discoloration. Conclusions Treatment of the chin and jawline with VYC-25L, with injection locations determined by a standardized grid-based approach, appears to be effective and safe with high rates of patient satisfaction. Injection of this filler offers a potentially high-impact approach for patients across a variety of biological and economic circumstances. Level of Evidence: 4

THE MODERATING ROLE OF CREATIVITY IN THE RELATION BETWEEN COLLABORATION AND PERFORMANCE

2019 ◽  
Vol 24 (06) ◽  
pp. 2050051
Author(s):  
SERJE SCHMIDT ◽  
DUSAN SCHREIBER ◽  
CRISTIANO MAX PEREIRA PINHEIRO ◽  
MARIA CRISTINA BOHNENBERGER
Keyword(s):  
Dynamic Environment ◽  
Structural Equations ◽  
Creative Industries ◽  
Performance Factors ◽  
The Face ◽  
And Performance ◽  
Collaborative Efforts ◽  
Moderating Role ◽  
Collaboration Strategies

Within the dynamic environment of the recent creative industries, collaboration performs a central role. The literature has consistently explored the interaction between creative professionals with three types of actors: (1) the clients or public; (2) co-workers and; (3) business agents. The relative importance of each actor in the face of creative activities, however, remains theoretically fragmented and empirically under-researched. Therefore, this study aims to address the following question: what is the role of creativity in the relation between the type of partner to which the collaborative efforts are directed and the performance factors? To answer that question, a quantitative study comparing university students in more creative-intensive and less creative-intensive occupations was performed. An exploratory structural equations modelling (SEM) was developed for that purpose. Performance factors of both groups seem to follow similar priorities. Their collaborative efforts, however, show different patterns, supporting the conclusion that creativity is indeed related to different collaboration strategies. Although collaboration with co-workers seems to be developed similarly between more creative and less creative professionals, that with clients and business agents showed different results.

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