Damages for Breach of Contract

2021 ◽  
pp. 329-354
Author(s):  
Daniel Benedyk ◽  
Ruth Keating
Keyword(s):  
The Other ◽  
Basic Rule ◽  
Breach Of Contract ◽  
Construction Contracts ◽  
Special Circumstances ◽  
To Receive

This chapter analyses the basic rule governing the assessment of damages for breach of contract, which emphasizes that no special or different rules apply to construction contracts. It explains that the basic rules have no limits to its application to the amount of loss that can be recovered. It also discusses how limits involve a set of rules which go back to the famous and ancient case of Hadley v Baxendale. This chapter describes the categories of recoverable loss, such as the damages which the other party ought to receive in respect of a breach of contract. It analyses the second limb of the rule in Hadley v Baxendale that relates to special circumstances known to the parties at the time the contract was made.

Global Economic Crisis of 2008-2009: Sources and Roots

2009 ◽  
pp. 18-31
Author(s):  
G. Rapoport ◽  
A. Guerts
Keyword(s):  
Oil And Gas ◽  
Trade Deficit ◽  
Developed Countries ◽  
The Other ◽  
Energy Resources ◽  
Market Mechanisms ◽  
Production Output ◽  
The One ◽  
To Receive ◽  
Partial Destruction

In the article the global crisis of 2008-2009 is considered as superposition of a few regional crises that occurred simultaneously but for different reasons. However, they have something in common: developed countries tend to maintain a strong level of social security without increasing the real production output. On the one hand, this policy has resulted in trade deficit and partial destruction of market mechanisms. On the other hand, it has clashed with the desire of several oil and gas exporting countries to receive an exclusive price for their energy resources.

VP39 The Alphabet Lottery? How NICE Outcomes Vary By Appraisal Committee

2019 ◽  
Vol 35 (S1) ◽  
pp. 86-86
Author(s):  
Richard Macaulay ◽  
Lok Wan Liu ◽  
Cornelia Roibu ◽  
Andrea Berardi
Keyword(s):  
Cost Effectiveness ◽  
The Other ◽  
Appraisal Committee ◽  
Technology Appraisal ◽  
The Public ◽  
Chi Squared ◽  
C 50 ◽  
To Receive ◽  
Disciplinary Group ◽  
53 C 55

IntroductionNICE (National Institute for Health and Care Excellence) makes recommendations on the public reimbursement of medicines based on their clinical- and cost-effectiveness. The recommendation is made by an Appraisal Committee (comprising a multi-disciplinary group of independent experts) as part of a technology appraisal. There are four Appraisal Committees (A,B,C,D); this research investigates whether appraisal outcomes vary by committee.MethodsAll publicly-available Final Appraisal Determinations from NICE Single Technology Appraisals (STA) were screened (01/10/2009-14/11/2018) and key data were extracted. Homogeneity in rates of acceptance or rejection across the committees was assessed using Chi-squared tests.ResultsThe Appraisal Committee was identified for 298 technologies, 56% (168/298) of which were ‘recommended’. The number of technologies assessed by each committee was similar (A:79, B:62, C:91, D:66). However, STAs conducted by Committee D were significantly less likely to receive ‘recommended’ outcomes (A:68% [54/79], B:65% [40/62], C:53% [48/91], D:39% [26/66]; p < 0.01). STAs for oncology indications had higher ’not recommended’ outcomes than those for non-oncology indications (25% vs. 9%). The lower ‘recommendation’ rates for committee D persisted across oncology (A:60%, B:83%, C:50%, D:38%; p = 0.01) and non-oncology indications (A:73%, B:53%, C:55%, D:40%; p < 0.01). However, STAs conducted by Committee D were significantly more likely to receive ‘optimized’ recommendations (A:16%, B:21%, C:33%, D: 36%; p < 0.01) and when considering the rates of ‘recommended’ and ‘optimized’ outcomes compared to ‘only in research’ and ‘not recommended’ outcomes, no significant differences were found (A:85%, B: 85%, C:86%, D:76%; p = 0.27).ConclusionsSTAs undertaken by NICE Appraisal Committee D was associated with a significantly lower rate of ‘recommended’ outcomes but tended to an ‘optimized’ recommendation significantly more than the other committees. Further research is needed to determine if this reflects any deviation in uniform implementation of NICE methodology between Committees.

The Absence and Influence of Genesis 48 (the Blessing of Ephraim and Manasseh) in the Book of Jubilees

2017 ◽  
Vol 26 (4) ◽  
pp. 255-273
Author(s):  
Pauline P. Buisch
Keyword(s):  
The Other ◽  
Literary Influence ◽  
To Receive

While scholars have acknowledged the literary dependence of Jubilees 31 (the blessing of Levi and Judah) on Genesis 48 (the blessing of Ephraim and Manasseh), little work has been done to understand the purpose of this intentional intertextuality. This article examines the literary influence of Genesis 48, the effect of its absence, and the altered roles of Levi, Judah, and Joseph in Jubilees in order to determine why the author made the literary decision to pattern one scene of blessing after the other. This article suggests that the author's decision to omit Genesis 48 and to present not one but two similar scenes of blessing in its place is part of a larger strategy to negotiate the interpretive problem of the prominent status given to Joseph's sons in Genesis 48. By replacing Ephraim and Manasseh with Levi and Judah, but allowing Joseph to receive the double portion of land, the author of Jubilees reflects an interpretive tradition, also found in the Targums, Genesis Rabbah, and the Testaments of the Patriarchs, that understands the inheritance of Jacob to be threefold and distributed three ways—the birthright to Joseph, the priesthood to Levi, and the kingship to Judah.

The perfect Crème Brûlée v2

2022 ◽  
Author(s):  
René Bernard
Keyword(s):  
Smooth Surface ◽  
Quality Criteria ◽  
The Other ◽  
Small Parts ◽  
To Receive ◽  
Added Salt

Crème Brûlée has a short ingredient list and does not require specific skills to make, but to get it right, several steps need to be carefully executed to receive the creme, not a pudding that, that is still grainy or liquid. With a caramel crust that offers a perfectly smooth surface you can break with your spoon like ice when you tap on it. Most Crème Brûlées offer one or the other but to get everything right, requires attention to details in the making. Expected results and quality criteria: 1. Crème Brûlée is served refrigerator-cold and 3-5 min after the blow-torching the sugar. Only then you have a smooth and stable caramel surface that you can crack with your spoon. Ideally, the caramel is still pleasantly warm. 2. The creme needs to be uniform and intense yellow, no gristle-like residues in it to disturb the perfect mouth feeling. While the surface is solid, the creamy consistency remains. 3. Taste: The perfect interplay between caramel and vanilla flavors (if small parts of the crust are slightly burnt -compare image - you add just a few bitter notes that make it more interesting. The added salt intensifies the vanilla flavor. 4. The crust needs to be uniform and requires a soon to be broken up in small pieces.

1. On Annelid Tracks in the Exploration of the Millstone Grits in the South-west of the County of Clare.

1857 ◽  
Vol 3 ◽  
pp. 294-295
Author(s):  
Robert Harkness
Keyword(s):  
The Other ◽  
Perfect State ◽  
The South ◽  
Great Abundance ◽  
South West ◽  
Soft State ◽  
The One ◽  
To Receive

The author remarks that the existence of Annelida during the Palæozoic formations is manifested in two conditions. In the one, we have the shelly envelope which invests the order Tubicola, in the form of Seapolites; and in the other, the tracks of the orders Abranchia and Dorsi-branchiata are found impressed on deposits which were, at one time, in a sufficiently soft state to receive the impressions of the wanderings of these animals.Among the strata which have hitherto afforded annelid tracks, those which, in the county of Clare, represent a portion of the equivalents of the Millstone Grit, contain such tracks, in their most perfect state of preservation in great abundance; and these strata also furnish evidence concerning the circumstances which prevailed during their deposition.

scholarly journals THE RISKS AND LIABILITY OF PARTICIPANTS OF A CONSTRUCTION PROCESS FOR DEFECTS OF BUILDING PRODUCTS

2004 ◽  
Vol 10 (3) ◽  
pp. 109-115 ◽  
Author(s):  
Sigitas Mitkus
Keyword(s):  
Construction Projects ◽  
Building Materials ◽  
Legal Regulation ◽  
The Other ◽  
Construction Process ◽  
Building Products ◽  
Construction Contracts ◽  
And Behavior ◽  
Mutual Agreement

Sharing of the risk and liability is one of the most important functions of construction contracts. Proper sharing of the risks and liability between the parties of construction contract has a rather big influence on efficiency, quality, and probability of arising disputes between the parties of construction contract in construction projects. A lot of risk exists during the fulfillment of construction projects. One of those risks is the risk of defects of building products. The question of the liability of the parties of construction contract for inappropriate quality of the construction production caused by a bad quality of building products mainly depends on sharing of the risk of defects of building materials in the construction contract. Some aspects of the mentioned risk and liability of the parties of the construction contract might be set by mutual agreement in the construction contract. The other aspects are regulated by imperative norms of the law and the parties of construction contract have not a right to change those imperative conditions of sharing of risks and liability. The article deals with sharing of risk and liability for supplying building products of an improper quality for construction, taking in to account conditions of construction contract, legal regulation and behavior of parties of a construction contract. A tree of forming the alternatives of liability is presented in the article. Liability for supply of defected building products arises not only for parties of a construction contract. The producer (supplier) of building products is responsible for this as well. Variations of liability of the producer (supplier) depending on construction contract conditions are analyzed. A matrix of liability of the producer (supplier) of building products is presented in the article.

scholarly journals Union Discourse and Perceived Violation of Contract

2008 ◽  
Vol 63 (3) ◽  
pp. 479-501 ◽  
Author(s):  
Dominique Peyrat-Guillard
Keyword(s):  
Social Contract ◽  
Psychological Contract ◽  
Emotional Reactions ◽  
Senior Management ◽  
The Other ◽  
Breach Of Contract ◽  
Social Contracts ◽  
First Case ◽  
The Social

This article proposes a study of the violation of contract process through a case study. The study is based on a discourse of the union, SUD Michelin, which is contrasted both with those of another union, the CFE-CGC Michelin and of the senior management of the corporation. The results highlight the possibility of applying Morrison and Robinson’s (1997) Psychological Contract Violation model at the social contract level. The emotional reactions appearing in the literature, which are associated with contract violations, can be seen in the union discourse of the SUD. The other union does not perceive any breach of contract. These differences may be attributed to the very nature of social contracts—relational in the first case, and more balanced in the second.

Efficiency, disgorgement and reliance in contract: a comment on Campbell and Harris

Legal Studies ◽  
2002 ◽  
Vol 22 (4) ◽  
pp. 570-577 ◽  
Author(s):  
Peter Jaffey
Keyword(s):  
Economic Theory ◽  
Recent Article ◽  
The Other ◽  
Breach Of Contract ◽  
House Of Lords ◽  
Aggregate Wealth

In a recent article in this journal, David Campbell and Donald Harris criticise the House of Lords decision in A-G v Blake, which held that in some circumstances there can be a liability to surrender the profits of a breach of contract to the other contracting party, ie a liability for disgorgement, as it will be referred to here. The criticism invokes what is sometimes referred to as the economic theory of efficient breach, which can be expressed briefly as follows. The performance of contracts generally increases aggregate wealth – ie is efficient – because parties will contract only on terms that provide them with a benefit that exceeds their costs of performance. But sometimes the circumstances will change after contracting, such that overall wealth will be maximised if the contract is not performed as agreed. For example, the defendant contracting party may discover an opportunity that he or she can take up only by abandoning the contract, and this opportunity may generate enough money to leave a profit, even after the claimant has been compensated for breach.

Newbury

1987 ◽  
Vol 33 ◽  
pp. 103-105
Keyword(s):  
The Other ◽  
To Receive ◽  
The Church

815 Notification and confirmation by the abbot of Waverley and the priors of Waverley and [Monk] Sherborne, judges-delegate of Pope Honorius III, of the settlement before them of the action between Reading Abbey, on one side, and the abbot and convent of Préaux [Eure, Normandy] and Gervase clerk of Newbury, on the other, concerning the church of Newbury, which Reading Abbey claimed was a chapel within the parish of Thatcham. The church of Thatcham shall continue to receive 2s annually from the church of Newbury, as before, and the abbot and convent of Préaux shall pay 4s 8d annually to the abbot and convent of Reading, who shall indemnify them in respect of themselves and the clerks holding the other portions of Thatcham church [1216 × 24]Bf193r; Cf112vPd. Barfield, Thatcham, ii. 56Universis Christi fidelibus ad quos presens scriptum pervenerit abbas de Waverleg’a et eiusdem loci et de Syreburn' priores, salutem. Noveritis nos mandatum domini pape in hec verba suscepisse.

Behavior Management of Pediatric Dental Patients

PEDIATRICS ◽  
1992 ◽  
Vol 90 (4) ◽  
pp. 651-652
Author(s):  
◽  
Richard D. Krugman ◽  
Jan Bays ◽  
David L. Chadwick ◽  
Carolyn J. Levitt ◽  
...  
Keyword(s):  
Behavior Management ◽  
Pediatric Patients ◽  
Case Reports ◽  
The Other ◽  
Behavioral Management ◽  
Dental Patients ◽  
Bladder Control ◽  
Abuse And Neglect ◽  
Pediatric Dentists ◽  
Special Circumstances

To the Editor.— It has been brought to the attention of The American Academy of Pediatric Committee on Child Abuse and Neglect that some dentists continue to use the hand-over-mouth technique with airway restriction (HOMAR) for behavioral management of pediatric patients. We have received two case reports of children who were adversely affected by this technique. One was left with bruises and petechiae and the other lost consciousness and bladder control. The original literature on the hand over mouth (HOM) technique is alarming as it indicates that "once in a great while a patient's nostrils can be closed until he really needs air, as indicated by his color" and that 19 of 35 pediatric dentists surveyed in 1969 "felt it is permissible to completely close off a child's airway in special circumstances."

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