How to Stop a Fight - A Qualitative Video Analysis of How Third-parties De-escalate Real-life Interpersonal Conflicts in Public

2022 ◽  
Author(s):  
Peter Ejbye-Ernst ◽  
Marie Rosenkrantz Lindegaard ◽  
Wim Bernasco

Objective: While previous research agrees that third-parties often manage to de-escalate interpersonal conflicts when they intervene, we still know little about how they achieve this influence. The aim of the current study is to address this gap in the literature by investigating how third-parties de-escalate conflicts. Method: We conduct a two-part qualitative analysis of CCTV footage of 48 real-life conflicts from the streets of Amsterdam. The first part consists of an inductive analysis of CCTV-footage investigating the typical sequence of de-escalatory interventions. The second part consists of a deductive coding based on the findings from part 1 of the analysis. Results: We identify an ideal-typical model of de-escalation consisting of three phases: objection, separation, and placation. This model describes how third-parties adapt their intervention to the reaction of the antagonists of the conflict through a contingency principle: when the current phase of intervention fails to de-escalate the conflict, the third-party proceeds to the following phase of the model. We also identify observable intervention behaviors that are characteristic of each of the three phases. Conclusions: The findings demonstrate that there is not one way to de-escalate a conflict, but rather that third-parties are successful because they adapt their intervention to the situation at hand. The findings of this study imply that if we want to get closer to understanding when third-party interventions are effective, we need to acknowledge the complexity of these interventions and move beyond the action/inaction dichotomy.

2021 ◽  
pp. 088626052110235
Author(s):  
Peter Ejbye-Ernst ◽  
Marie Rosenkrantz Lindegaard ◽  
Wim Bernasco

Third parties tend to take an active role and intervene in interpersonal conflicts in public. Previous research has shown that the level of aggression of these interventions determines how they influence the conflict. No previous study has, however, systematically investigated whether the aggression of third-party interventions is influenced by the development of the conflict situation. The objective of this study is twofold. First, the study determines the extent to which the aggression level of intervening third parties changes during the course of interpersonal conflicts. Second, the study identifies and investigates the factors that affect the aggression levels displayed by intervening third parties. We systematically observed and coded CCTV footage of 46 interpersonal conflicts in public space, recorded by surveillance cameras in Amsterdam, the Netherlands. The data included 565 intervention behaviors by 125 third parties. We recorded the levels of aggression of the individuals involved in the conflict and conducted a multinomial logistic regression analysis to investigate what influenced the aggression level of the third-party interventions. We found that the aggression levels of the preceding intervention behaviors by the third parties predict aggression levels of their subsequent interventions. This shows a consistency in third-party interventions over the course of a conflict. We also found that the aggression levels of the conflict parties that are the targets of the interventions influence the aggression levels of third-party intervention. This finding demonstrates that the development of the conflict situation influences how aggressive the third parties are. Our study emphasizes the importance of taking the interactional dynamics of interpersonal conflicts into consideration when explaining third-party behavior.


Author(s):  
Ly Tayseng

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.


Author(s):  
Sheng-Lin JAN

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.


2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Elfrida R Gultom

The objective of Busway development is to provide transportation services faster, safer, comfortable, and affordable for people in Jakarta. Ticket prices are subsidized by the local government busway. Busway given special line, however could not be separated from the accident. In a carriage, in the event of an accident then apply provisions of Law No. 22 of 2009 on Traffic and Transportation. If there is a loss that hit the third party then setting responsibilities Public Service Agency TransJakarta Busway to third parties refer to the provisions of Article 194 paragraph (1) which determines that the public transport companies are not responsible for any losses suffered by third parties, unless the third party may prove that the loss is caused by the fault of public transport company. Under these provisions, if the third party wants to sue for damages, ketigalah party must prove the fault of the carrier, the claim is based on the basis of tort or on the basis of error set forth in Article 1365 of the Civil Code which stipulates that any action unlawfully harming others, require the person who carries the loss offset. Keywords: transport, the responsibility of the carrier, a third party, transport law


2021 ◽  
pp. 307-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.


Author(s):  
Robert Pearce ◽  
Warren Barr

This chapter considers remedies involving a breach of trust which involves a third party who was not a trustee either as a participant in the breach or as the recipient of trust property transferred to them in breach of trust. In the event of such a breach, the beneficiaries of the trust may be entitled to pursue remedies against the stranger. The third party is termed a ‘stranger to the trust’ because he or she was not a trustee and, therefore, was not subject to any obligations prior to his or her involvement in the breach. Remedies against third parties may prove more attractive to the beneficiaries than their remedies against the trustee in breach. The availability of remedies against a stranger to the trust will be especially important if the trustee is insolvent, thus rendering direct remedies against the trustee ineffective.


Author(s):  
Kirsty Horsey ◽  
Erika Rackley

This chapter discusses the problem of when a duty of care arises in respect of negligent omissions, or for the actions of a third party. The common law takes the view that it would be too great a burden to impose liability upon a person for a mere omission, or for the actions of others. Despite this, duties can in fact be imposed in various ways, all of which focus on the reliance of the claimant upon the defendant. This can come about either by the previous conduct of the defendant, which induces reliance by the claimant that the defendant will continue to act in that way, or by reliance which comes out of a relationship of dependence between the parties. As regards third parties, a duty may arise where the defendant has control over or responsibility for the third party’s actions.


2017 ◽  
Vol 111 (2) ◽  
pp. 219-236 ◽  
Author(s):  
ROBERT POWELL

Third parties often have a stake in the outcome of a conflict and can affect that outcome by taking sides. This article studies the factors that affect a third party's decision to take sides in a civil or interstate war by adding a third actor to a standard continuous-time war of attrition with two-sided asymmetric information. The third actor has preferences over which of the other two actors wins and for being on the winning side conditional on having taken sides. The third party also gets a flow payoff during the fighting which can be positive when fighting is profitable or negative when fighting is costly. The article makes four main contributions: First, it provides a formal framework for analyzing the effects of endogenous intervention on the duration and outcome of the conflict. Second, it identifies a “boomerang” effect that tends to make alignment decisions unpredictable and coalitions dynamically unstable. Third, it yields several clear comparative-static results. Finally, the formal analysis has implications for empirical efforts to estimate the effects of intervention, showing that there may be significant selection and identification issues.


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