scholarly journals Sober Second Thoughts: Litigating Purchase and Sale Agreements in the Energy Industry

2018 ◽  
pp. 447
Author(s):  
Michael A. Marion ◽  
Miles Pittman ◽  
Leanne Desbarats ◽  
Blair McGeough
Keyword(s):  
Subject Matter ◽  
Legal Issues ◽  
Energy Industry ◽  
Complex Nature ◽  
The Subject ◽  
Energy Assets

This article explores common legal issues that arise in the purchase and sale of energy assets. Legal disputes are frequent because of the complex nature of these transactions. The authors begin by discussing the ambiguities in purchase and sale agreements, and how the courts interpret them. Second, the authors analyze the types of disputes that can arise prior to closing that can compromise or frustrate the finalization of the sale. Third, post-closing disputes relating to the subject-matter of transactions, breaches of representations and warranties, and the mechanics of indemnities are considered. Finally, the authors close by examining other issues which may impact the ability of a party to bring a claim.

scholarly journals Principles of gas sampling: TOS with critical challenges

TOS forum ◽  
2020 ◽  
Vol 2020 (10) ◽  
pp. 41
Author(s):  
Anders Larsen ◽  
Kim Esbensen
Keyword(s):  
Gas Phase ◽  
Subject Matter ◽  
Complex Nature ◽  
Conventional Theory ◽  
Ambient Temperatures ◽  
Gas Sampling ◽  
High Speeds ◽  
Science Technology ◽  
Theory Of Sampling ◽  
The Subject

Sampling and analysis of materials in the gas phase is not covered in general sampling standards and guides, due to the complex nature of the subject matter. Most gas-phase materials exist in the region from ambient temperatures (~300 K) to combustion temperatures typically around ~1200 K. Common to both temperature range margins, though predominantly for hot gases, is the fact that continuous reactions often take place in material that is moving at high speeds, presenting less than trivial challenges to conventional Theory of Sampling (TOS). The purposes of representative gas sampling are many, but three standard cases are presented, covering the most dominating scenarios met with in science, technology and industry.

scholarly journals Zakres orzekania w sprawach o zadośćuczynienie pieniężne za doznaną krzywdę – uwagi na tle uchwały Sądu Najwyższego z dnia 11 kwietnia 2019 r. (III CZP 105/18, BSN 2019, nr 4, s. 8)

2020 ◽  
Vol 29 (4) ◽  
pp. 279
Author(s):  
Małgorzata Sekuła-Leleno
Keyword(s):  
Subject Matter ◽  
Legal Protection ◽  
Legal Issues ◽  
Lower Amount ◽  
Complete Agreement ◽  
Close Relationship ◽  
The Subject ◽  
Injured Party

<p>The purpose of this study is to analyze legal issues related to the scope of adjudication in cases of pecuniary compensation for the harm suffered, especially in a situation in which the party objected that the injured party contributed to the damage, and in a situation in which the claim submitted in the lawsuit was of a lower amount than the potentially “adequate compensation”. The principle of <em>ne eat iudex ultra petita partium</em> means that the court may decide only on what is claimed submitted by the party requesting legal protection. The scope of the requested legal protection thus sets the boundaries of the subject of the decision. At the same time, the assumption that there should be complete agreement between the subject of the proceedings and the subject of the ruling, i.e. what covers the subject of the decision, should be considered correct. As a result, it must be recognized that there are a close relationship and interdependence between limiting the court with what is claimed and the subject matter of the dispute. In determining the claim, the plaintiff thus sets the boundaries of the subject of the dispute, and limiting the court with what is claimed is tantamount to limiting the subject of the dispute.</p>

scholarly journals Философия права в Республике Беларусь: в поисках баланса

2016 ◽  
Vol 38 (1) ◽  
pp. 61-69
Author(s):  
Barys Liapeshka
Keyword(s):  
Subject Matter ◽  
Western Europe ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Issues ◽  
Philosophy Of Law ◽  
Legal Studies ◽  
Legal Problems ◽  
The Subject ◽  
The Republic

THE PHILOSOPHY OF LAW IN THE BELARUSSIAN REPUBLIC — IN SEARCH OF A BALANCEThe philosophical and legal studies in the Republic of Belarus are analyzed in the article. The point of view that the tradition of studying of philosophy of law in the Western Europe and in the post-Soviet countries differ greatly is expressed and proved. Attention is drawn to the subject matter of philosophy of law and its principles; controversial aspects of this segment of philosophical and legal knowledge are analyzed. The connection between philosophical and legal problems with the objectives of accomplishment of legal culture is presented. Philosophical and legal issues, which are relevant and described in the works of Belarusian and Russian scientists are studied.

scholarly journals Futures Contracts in Islamic Finance: An Analytical Approach

2015 ◽  
Vol 1 (1) ◽  
pp. 021 ◽  
Author(s):  
Muhammad Asif Ehsan
Keyword(s):  
Subject Matter ◽  
Analytical Approach ◽  
Legal Issues ◽  
Futures Contracts ◽  
Islamic Finance ◽  
Commercial Law ◽  
The Subject ◽  
Precautionary Measures

Futures contracts provide a useful means of reducing risk because these are highly liquid instruments that can be entered into or liquidated at any time. However, the debate on the legitimacy or otherwise of these contracts in the Islamic commercial law continues to invoke different contentions. The paper accentuates the fact that futures contracts are at bottom a new phenomenon of this age which have no precedent or parallel in the conventional law of transactions (muamalat). Therefore their legality or otherwise should be looked into with the Islamic viewpoint of general permissibility in relation to transactions. The paper examines a number of jurisprudential and legal issues such as non-existence of the subject-matter, sale prior to taking possession, bai al-kali bil-kali, speculation and hedging, and concludes that futures contracts are allowed to benefit from. However, only hedgers can take advantage of them. These instruments can never be used for purely speculative purposes where making or taking delivery is not intended. Although it is not necessary to pay the complete price to the seller at the time of the contract yet some other precautionary measures such as a bank guarantee or a fair amount of money to be given to the seller should be taken to ensure that pure speculation is scrupulously forestalled and the delivery would certainly be made.

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

HUBUNGAN PROFESIONALISME PENDIDIK TK DENGAN KINERJA PENDIDIK DI TK RAYON IV KOTA DUMAI

2019 ◽  
Vol 3 (3) ◽  
pp. 660
Author(s):  
Ranirizal Ranirizal
Keyword(s):  
Learning Process ◽  
Subject Matter ◽  
Significant Relationship ◽  
Teacher Performance ◽  
Teacher Professionalism ◽  
Learning Material ◽  
The Subject ◽  
Performance Development ◽  
Kindergarten Educators ◽  
Academic Qualifications

Performance is the performance shown by educators, both in quality and quantity in carrying out their duties in accordance with the responsibilities given to them professionally. Educator performance development is a very decisive factor in the success of the education and learning process. In fact, in Kindergarten Rayon IV, Dumai City, there is still a low level of competency standards possessed by educators. The intended competency standard is from the standard academic qualifications and four competencies that must be possessed by a kindergarten educator, namely pedagogic, professional, social and personality competencies. This is evidenced by educators not yet mastering learning material with the maximum known when the learning process educators are not able to explain well the subject matter, and educators have not shown maximum performance in carrying out their duties and functions. The purpose of this study was to see whether there was an influence on teacher professionalism on teacher performance in Dumai IV Rayon Kindergarten. The results of the study prove that there is a significant relationship between the professionalism of Kindergarten educators and the performance of educators in Kindergarten Rayon IV, Dumai City. This is evidenced by the value of Sig (2-tailed) professionalism on educator's performance of 0,000, so the calculation shows 0,000 <0.05. This means that Ha is accepted, that is, there is a significant relationship between the professionalism of Kindergarten educators and the Performance of Educators in Kindergarten Rayon IV, Dumai City.

Justine Pila, The Subject Matter of Intellectual Property

2019 ◽  
Vol 23 (1) ◽  
pp. 142-144
Author(s):  
Patrick Masiyakurima
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
The Subject
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