Isn’t all loss consequential?

2015 ◽  
Vol 7 (3) ◽  
pp. 176-194 ◽  
Author(s):  
Adam Connell ◽  
Jim Mason

Purpose – The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings of the term and typically an exclusion clause will not solely relate to consequential loss, but will also include other heads of losses for which the party will not be liable for, such as loss of profit, loss of revenue and loss of business. Design/methodology/approach – The question emerges as to whether the term consequential loss has a definitive legal meaning in its own right. This study seeks to ascertain the definition of the term consequential loss within the construction industry through a review of the legal position regarding liability for breach of contract and consequential loss through the consideration of the case law relating to this topic and the associated secondary sources of information. Findings – The study concludes by elucidating a clear interpretation of the term consequential loss and guidance of how it should be used in contract law. Originality/value – Recent cases and established authorities are considered together for the first time in this work which assists in the development of legal principles of direct and indirect losses and the determination of how they apply to the built environment.

2019 ◽  
Vol 4 (2) ◽  
pp. 132-148
Author(s):  
Badri Nath Bhatta

The study areas of anthropology have been growing day by day. Therefore, it has concerned with various parts of society such as sanitation, water supply, poverty, traditional practice, folk music, tourism etc as multidisciplinary areas. In fact, anthropology and tourism are co-evolutionary process in the path of their developments because they help each other in many ways. Traditionally, tourism and tourist are major anthropological sources of information to analyse the situation of then and present society and culture. Similarly, tourist can enjoy visiting any places by learning anthropological knowledge and findings. Methodologically, this is based on field observation, interview and other secondary sources to analyse the scenario. After the introduction of democracy in Nepal, she has been opened to outsiders. As a result, Sir Edmund Hillary as foreigner visited Nepal. Hillary with Tenzing Norgy Sherpa successfully climbed the Mount Everest in 29 May, 1953 at the first time. Then the glorious name of Nepal has become famous in the world. The tourism industries have been initiated from Thamel, Solukhumbo, Pokhara and then gradually extended in other parts of the country. Tourism at present period has popular pursuit in several parts of Nepal involving from hotel, lodge, guide, restaurant, expedition to home stay and other businesses. Lamjung has own identity in tourism perspective. The Ghalegaun is famous in SAARC level as model program for the home stay concept. From perennial snow peaks, biodiversity to natural forest of rhododendron in mountain to hill parts in the north and plain narrow valley in the south to develop cultural lives can be observed there. Lamjung has been enriched in different culture, fest and festivals. Paudure dance among the Kumal, bees hunting in steep slope rocky hills to Rodi in the Gurung have their own identity popular in the district.


2019 ◽  
Vol 8 (4) ◽  
pp. 353-363 ◽  
Author(s):  
Ahmed Shafiqul Huque

Purpose Good governance has been declared as the key target of most Asian governments, but it appears to be an unattainable objective. The purpose of this paper is to explore the potentials for establishing governance across Asian countries. Drawing upon the literature and experience of Asian countries, the study argues that governance represents an unclear state that is rooted more in perception than reality. An extensive review of the indicators of governance reveals the anomaly and unorganized efforts to measure it, and points to the need for recognizing accomplishments in areas that are not directly or indirectly covered in the existing schemes of assessment. Design/methodology/approach The paper is based on a broad review of the literature on governance and political systems in Asian countries. Existing arrangements for assessing governance are critically reviewed to point out the risks in a perception-dependent approach. Secondary sources and insight obtained from relevant research constitute the data analyzed in the paper. Findings The paper finds that the target of good governance cannot be fully achieved due to the significant diversity across Asian countries as well as varied perceptions held by assessors. Stakeholders have different perceptions about the requirements and ideal of governance and existing tools for measuring governance are inadequate. Most importantly, assessment frameworks do not recognize contextual dimensions that are relevant to Asian countries. Furthermore, it is important to recognize efforts that are aimed at improving conditions instead of working toward an absolute outcome of governance. Recognition of small successes will contribute to the improvement of circumstances rather than ranking countries on the basis of a limited number of perception-based indicators and listing them on international indices. Research limitations/implications The paper does not draw upon primary sources of information and is limited to an assessment of existing arrangements. Practical implications The paper will help draw attention to the limitations of existing arrangements of assessing countries and ranking them for the quality of governance. It will also encourage researchers to think about alternative tools for assessing governance and recognizing progress in Asian countries. Social implications The paper will encourage governments to identify obstacles to good governance and adopt policies to overcome them. Originality/value The paper contributes to the literature presenting a critical view for encouraging alternative approach to governance, incorporating perceptions of diverse stakeholders and highlights the need to recognize progress, however limited, in all areas.


2019 ◽  
Vol 91 (6) ◽  
pp. 834-842
Author(s):  
Jakub Šedek ◽  
Roman Růžek

Purpose The purpose of this paper is to present a methodology for the determination of the stiffness when using simplified substitutive model of the joint. The usage of detailed finite element (FE) model of the joint in complex assemblies is not convenient; therefore, the substitutive model of the joint is used in FE models. Design/methodology/approach The detailed and simplified FE model of the joint is created in ABAQUS software and the analysis as well. The results of displacements are used for the determination of the stiffness of connecting element in simplified substitutive FE model. The approach is presented based on the general view on the different regions in the joint. Findings A simple FE modelling approach for the joint including the equivalent stiffness is presented. The particular solution is performed for Magna-Lok type of the rivet. The results show the same displacement for the detailed and simplified FE models. The analytical formula for stiffness determination in the load case with minimal secondary bending is introduced. Practical implications The approach for stiffness determination is straightforward and so no stiffness “tuning” is necessary in the simplified FE model. Originality/value The new approach for definition of simple FE model of the joint is introduced. It is not necessary to model a complex structure with detailed joints. The equivalent stiffness can be determined by presented procedure for every joint without limitation of the type.


2020 ◽  
Vol 12 (3) ◽  
pp. 323-344
Author(s):  
Graham Gladden

Purpose The purpose of this paper is to analyse Cunard’s marketing communications during a period of significant social and economic change. The intention is to show, firstly, how the company sought to meet and influence potential passengers’ understanding of their travel needs and, secondly, how these would be met. Design/methodology/approach The companies’ marketing communications are analysed using Maslow’s hierarchy. This is a well known descriptor of human needs. Findings Beyond a description and review of Cunard’s advertising, Maslow’s model of needs is shown to provide a rationale to the company’s approach. In particular, it gives an understanding of the continued, though changing, use of images of the ship to meet the needs of different cohorts of passengers. It shows how carefully constructed images in both word and picture assuaged passengers’ concerns over social needs and how the company promised to meet the highest needs, whether that be for the holiday maker or the emigrant. Research limitations/implications During much of the period under discussion, much of the advertising design work was done in house. Though none of these files have survived, other sources of information (for example, house magazines and internal correspondence) provide an understanding of Cunard’s attitude to its customers and the business opportunities it saw in a changing market. Where specific dates for documents are not available, a chronology of ship building and use has been applied. Practical implications This paper shows how a well-established model can be used in a different way, adding to the understanding of a company adapting to changing social and economic conditions. Originality/value To the best of author’s knowledge, this is the first time that Maslow’s hierarchy has been used explicitly as a tool to analyse marketing and advertising material. Though the existing literature includes some discussion of shipping line posters visual content, there is little further discussion of their content or purpose in a changing social context. This paper provides a more structured analytical view.


2018 ◽  
Vol 11 (4) ◽  
pp. 935-959 ◽  
Author(s):  
Mehrdad Sarhadi ◽  
Saied Yousefi ◽  
Amin Zamani

PurposeThe purpose of this paper is to understand the philosophical changes which underpin research and practices in project management. This study is an attempt to challenge previous studies that have tried to explain this change in order to provide a better explanation.Design/methodology/approachThe authors adopt a critical review research method to challenge previous explanations of the paradigm change and definition of communication. For this purpose, philosophical and social theories and concepts have been used.FindingsThis paper proposed changing the paradigm from modernism to postmodernism and the paradigm shift, which happens from postmodernism to participation, as a better explanation for the paradigmatic change in project management. Furthermore, the important role of communication has been illustrated in the participation paradigm.Originality/valueFor the first time in project management, the authors attempt to clarify the role of power in this paradigmatic shift, especially because this concept is an axial concept in postmodern philosophy and a neglected concept in project management literature. In addition, communicative action theory has been used with the aim of pursuing the influence of informal power in the participation paradigm and paving the way for confronting its emerging challenges in future studies.


2016 ◽  
Vol 71 (1) ◽  
pp. 67-76 ◽  
Author(s):  
Raija Komppula

Purpose This paper aims to highlight the crucial role of individual people, entrepreneurs and other stakeholders in the development of a tourist destination during its life cycle. The purpose is to increase our understanding of individual actors as contributors to leadership and development of tourism destinations. Design/methodology/approach An intrinsic case study of a Finnish ski resort, Ruka, is presented. The primary data consist of 16 narrative interviews. Secondary sources of information such as a history book and a historical review, reports and Web pages have been used as well. Findings The study suggests that the leadership in a destination is attributed to individuals. It is the charismatic entrepreneurs, business managers, municipality and influential politicians that may take control of the leadership at the destination. Being local enhances the sense of identity with the place and facilitates a cooperative atmosphere between actors. Finally, the roles of stakeholders and aspects of the leadership of a destination may vary along the destination life cycle. Research limitations/implications As this paper presents a single case study in a Finnish context, the findings cannot be, and are not meant to be, generalized. Rather, the findings present an example of an exception to the mainstream destination management and governance literature. Originality/value The paper fills the research gap noted by Kennedy (2014) and presents an in-depth study analysing the role of different stakeholders in destination leadership.


1970 ◽  
Vol 4 (2) ◽  
pp. 197-204
Author(s):  
Chauhan Deo Singh Krishna

After the provisions relating to combinations under the Competition Act, 2002 were brought into force accompanied with the coming into force of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, a number of uncertainties cropped up with respect to its applicability. Even after amending the regulations, in February 2012, the affected sectors still grappled with certain ambiguities in the finer details. One such issue deals with partial acquisition of an enterprise under Regulation 5(9) which has been discussed in this paper. It has been argued that no parameters have been laid down as regards the determination of the ‘purpose’ of the transfer of assets in cases where the transaction does not specify an express purpose. There have also been issues with regard to interpretation of these regulations in as much as even a liberal interpretation of these regulations would render the objectives of these regulations unfulfilled. Also, the dissonance between the global and Indian interpretation of these Regulations has inconvenienced the stakeholders. Taking these issues into account, it has been concluded that appropriate guidelines should be laid down to ensure that ‘purpose’ of the transaction can be determined with certainty and unrelated transactions are not treated as forming part of the same transaction. It has also been concluded that following the internationally accepted position in this area of law may actually be a beneficial position to take. The paper subscribes to doctrinal research through the use of primary and secondary sources of information, which have been critically analysed.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Diego Leiva

PurposeChina's experience of investing in Latin America in one of the main sectors included in the BRI architecture, railways, has faced significant challenges: only one of four Chinese potential railway projects in Latin America has materialised. The purpose of this paper is to explore these challenges and to provide an explanation focusing on the importance of the “domestic politics” factor.Design/methodology/approachThe paper proposes a comparative study of four cases, developing a qualitative analysis based on an in-depth review of the literature and primary and secondary sources of information.FindingsThe findings suggest that domestic politics played a significant role in the outcomes of the Brazil–Peru Bi-Oceanic railway (changes in government), in Argentina's Belgrano Cargas modernisation project (multiple “domestic politics” factors, such as a presidential campaign), in Venezuela's failed Tinaco-Anaco high-speed train project (authoritarian turn/country's stability) and in Mexico's Querétaro-Ciudad de México high-speed train project (corruption and popular contestation). The paper suggests that one should not expect an easy or fast projection of the BRI in the region, at least in the short- and mid-term, because becoming familiar with the domestic politics of Latin American is a complex and gradual task.Originality/valueThe particular impact of the political risks related to domestic politics in the Chinese Foreign Direct Investment (FDI) in Latin America has not been extensively explored, especially in the railway sector. This paper intends to contribute to this literature gap by analysing four cases of Chinese investment in railways in Latin America, an area that has received little attention in the studies of the Chinese FDI in the region, and proposing an explanation of their outcomes focusing on the “domestic politics” factor.


2019 ◽  
Vol 47 (9) ◽  
pp. 997-1010 ◽  
Author(s):  
Constantinos Vasilios Priporas

Purpose Competitive intelligence (CI) is a vital tool for any company to survive and remain competitive in today’s hypercompetitive and uncertain business environment. The purpose of this paper is to investigate the use of CI in liquor retailing in the USA. Design/methodology/approach An exploratory single longitudinal case study was performed through observation and semi-structured interviews plus examining documents from secondary sources in two phases. Content analysis was used for the data analysis. Findings Regardless of the small size of the company, the owner has an active attitude toward monitoring competition by using various sources of information and converting it into intelligence for making sound decisions for both short-term and long-term competitiveness. Also, the central role of the owner in the CI process has been verified. Originality/value This study responds to calls for more case studies in the field and is the first one to explore CI in the liquor retailing ecosystem by using a longitudinal case study. In general, studies of CI in retailing are limited. It has clear value to CI practices for retailers in the USA and in general.


2019 ◽  
Vol 30 (3) ◽  
pp. 1223-1232 ◽  
Author(s):  
Razan Alchikh ◽  
Suheil Khuri

Purpose The purpose of this paper is to apply an efficient semi-analytical method for the approximate solution of Lienard’s equation of fractional order. Design/methodology/approach A Laplace decomposition method (LDM) is implemented for the nonlinear fractional Lienard’s equation that is complemented with initial conditions. The nonlinear term is decomposed and then a recursive algorithm is constructed for the determination of the proposed infinite series solution. Findings A number of examples are tested to explicate the efficiency of the proposed technique. The results confirm that this approach is convergent and highly accurate by using only few iterations of the proposed scheme. Originality/value The approach is original and is of value because it is the first time that this approach is used successfully to tackle fractional differential equations, which are of great interest for authors in the recent years.


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