The Draft Common Frame of Reference, Methodological Nationalism and the Way Forward

2008 ◽  
Author(s):  
Jan M. Smits
Keyword(s):  
Frame Of Reference ◽  
Methodological Nationalism ◽  
Common Frame Of Reference ◽  
The Way

Breach of contract

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 37-56
Author(s):  
E Clive
Keyword(s):  
Contract Law ◽  
Frame Of Reference ◽  
Good Faith ◽  
Breach Of Contract ◽  
Fair Dealing ◽  
Legal Relationship ◽  
House Of Lords ◽  
The Difference ◽  
Common Frame Of Reference ◽  
The Way

This contribution uses J & H Ritchie Ltd v Lloyd Ltd 2007 SC (HL) 89 as a peg on which to hang a number of fundamental questions about contract: What is a contract? Does the word ‘contract’ sometimes refer to a legal relationship rather than a juridical act? If so, does this matter? Is the law on implied terms satisfactory? Might a duty of good faith and fair dealing in contract law be a better way of dealing with certain problems than resort to the implication of terms? When is a breach of contract serious enough to justify cancellation or rescission? Should a supplier of defective goods have a right to cure the defect? Is there a risk of forgetting the difference between a right to withhold performance and a right to rescind or cancel? These questions are prompted by the fact that this was a straightforward case and similar situations must occur regularly. Yet, different judges reasoned differently and came to different conclusions in the course of the case being appealed all the way to the House of Lords. The question, therefore, is: how might a simple case have been better, or in a more straightforward way, approached through law? The contribution argues that the Draft Common Frame of Reference (the DCFR) provides both concepts and rules that would have reached the ultimate conclusion in Ritchie much more quickly and perhaps the case would not have needed to be litigated at all.

Secure e-Government Services

2012 ◽  
Vol 8 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Geoffrey Karokola ◽  
Louise Yngström ◽  
Stewart Kowalski
Keyword(s):  
Soft Systems Methodology ◽  
Frame Of Reference ◽  
Business Community ◽  
Systems Methodology ◽  
Soft Systems ◽  
Government Services ◽  
Security Services ◽  
Security Challenges ◽  
Security Standards ◽  
Common Frame Of Reference

E-Government offers many benefits to government agencies, citizens and the business community. However, e-Government services are prone to current and emerging security challenges posing potential threats to critical information assets. Securing it appears to be a major challenge facing governments globally. Based on the international security standards – the paper thoroughly investigates and analyzes eleven e-government maturity models (eGMMs) for security services. Further, it attempts to establish a common frame of reference for eGMM critical stages. The study utilizes the Soft Systems Methodology (SSM) of scientific inquiry/ learning cycle adopted from Checkland and Scholes. The findings show that security services (technical and non-technical) are lacking in eGMMs – implying that eGMMs were designed to measure more quantity of offered e-government services than the quality of security services. Therefore, as a step towards achieving secure e-government services the paper proposes a common frame of reference for eGMM with five critical stages. These stages will later be extended to include the required security services.

Rune-Gild

2010 ◽  
Vol 1 (1) ◽  
pp. 95-115 ◽  
Author(s):  
Kennet Granholm
Keyword(s):  
Frame Of Reference ◽  
Left Hand ◽  
Hand Path ◽  
High Level ◽  
Complex Movement ◽  
Common Frame Of Reference

The focus of this article is the Rune-Gild, a rune magical group founded in Texas, USA, in 1980, and which has variously been described as a Heathen, a Traditionalist, and a Left-Hand Path organization. The influence of these three esoteric currents on the Gild is examined, as is the issue of how they intermix to fit a common frame of reference. The article argues that describing a complex movement such as the Rune-Gild in a singular fashion, by referencing to only one of these currents, involves the risk of providing a one-sided and ultimately inaccurate depiction. Instead, a description involving a thorough examination of all major influences is required, and this in turn makes it necessary for the scholar to achieve a high-level historical familiarity with a broad range of Western religious phenomena.

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