Remedies for Breach of Contract: The Future Development of Scots Law in its European and International Context

1997 ◽  
Vol 1 (2) ◽  
pp. 200-226 ◽  
Author(s):  
Hector L MacQueen

This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law prepared by the Lando Commission, and the draft “code”for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably wellfrom this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles.

1996 ◽  
Vol 1 (1) ◽  
pp. 43-78
Author(s):  
William W McBryde

This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, is a critical survey of the remedies available in Scots law for breach of contract. It considers interest, specific implement, interdict, breach of contract, the mutuality principle, damages and penalty clauses.


Author(s):  
M. A. Mosora

The article analyzes the features of the politicization of the Scotland and Northern Ireland at the present stage. The basic identifiers for the com­munities in these regions are revealed. The important role of devolution pol­icy in the political relations of the Center with regions in the United Kingdom is justified. Emphasis is placed on the exceptional importance of Brexit in the context of strengthening the separation of the Scotland and Northern Ireland. It is marked common and distinctive features of both regions in the vision of the political future. The current state of the factors contributing to separatism in both regions is compared. Estimates of the likelihood of increased separa­tion movements in the Scotland and Northern Ireland in the future are given.


2007 ◽  
pp. 80-93 ◽  
Author(s):  
Ya. Kouzminov ◽  
M. Yudkevich

The article analyzes the activity of university lecturer and researcher and the need for special mechanisms providing its efficiency. The authors consider academic freedom as a parameter of the university’s environment and discuss the convention regulating the relationship between lecturers and university management. The factors of the destruction of this convention are analyzed. The dynamic model of the lecturers’ behavior is proposed and two scenarios for the future development ("teaching ratchet" and "academic ratchet") as well as the factors of choice between them are discussed. The empirical data on the development and current state of the Russian educational system is also taken into account.


2004 ◽  
Vol 70 (2) ◽  
pp. 199-215 ◽  
Author(s):  
Tony Bovaird

This article explores the current state of knowledge in relation to public–private partnerships (PPPs), taken to mean working arrangements based on a mutual commitment (over and above that implied in any contract) between a public sector organization with any organization outside of the public sector. Since it originally became fashionable over 25 years ago, the concept of PPPs has been strongly contested. However, PPPs are now to be found in the public domain in many countries around the world and their number has been increasing in recent years. This article looks at how this has happened, what have been the strengths and weaknesses of this development and what the future may hold for PPPs. It argues that we are still at an early stage of learning which types of PPP are appropriate for which tasks and at managing PPPs to increase public value. It will be essential to apply principles of good governance to the future development of PPPs — but it will also be necessary to ensure that these principles are genuinely appropriate to the context in which these PPPs are working.


2021 ◽  
Vol 12 (32) ◽  
pp. 444-459
Author(s):  
Oksana Myronets ◽  
Viktor Olefir ◽  
Ivan Golosnichenko ◽  
Yuriy Pyvovar

Purpose of the paper is to determine current issues and prospective directions of the legal technologies’ use for civil aviation safety improvement and future development under modern COVID-2019, post-pandemic challenges and conditions of the new world’s order. By using the dialectical method, the current conceptual framework and issues of the legal technologies as instruments of civil aviation safety improvement have been formulated. The formal-dogmatic method contributed to the development of the authors’ explanation of the current state, issues, challenges, and practical role of the legal technologies for the further improvement of civil aviation safety under the fight against COVID-2019. In the paper modern challenges to the legal technologies’ use for civil aviation safety improvement in pandemic and post-pandemic conditions have been analyzed. Prospects of the legal technologies’ effective implementation for the future civil aviation safety improvement in conditions of pandemic, post-pandemic and new world’s order have been suggested.


2002 ◽  
Vol 56 (4) ◽  
pp. 163-170
Author(s):  
Vlada Veljkovic

A short history of chemical and biochemical engineering is presented, both industrial and educational aspects being considered. The most important trend in the future development of bio/chemical engineering - biological engineering - is pointed out. The current state and near future of biotechnology are described.


2016 ◽  
Vol 16 (1) ◽  
pp. 1-5
Author(s):  
Stella Pui-Yan Wong ◽  
Carmen Ho-Tze Kwan

Abstract Objective To document the current state of the use of musculoskeletal US (MSUS) and view on the future development of MSUS training and services among the members of the Hong Kong Society of Rheumatology. Methods A three-page anonymous questionnaire, divided into three sections (demographics, current state of the MSUS service, and view on future development of MSUS training and services), was sent (either in electronic format or in hardcopy) to 79 members (70 full members and 9 ordinary members) of the Hong Kong Society of Rheumatology. The aim is to inquire about the use of MSUS by rheumatologists, their views on the future development of MSUS training and service in Hong Kong. Results 28 (35%) out of 79 members responded to the questionnaire (including 25 fellows and 3 trainees working in public hospitals and private sector). 25 responders (89.3%; 25/28) were using MSUS in their daily practice for making diagnoses, guiding interventions or follow-up disease. Although 90% (25/28) of the responders’ institutes provided the MSUS service by the Radiology Department, 70% of them got long waiting time, and the Radiology Department did not provide the MSUS service to every joint region. Despite the widespread use of MSUS among rheumatologists, more than 90% of the responders could only do less than 10 scans per week. Lack of time and manpower, lack of expertise, high cost of equipment, and lack of support for training were important obstacles in developing the MSUS service. 18 (64%) responders in our survey tended to agree that MSUS training should be incorporated in the rheumatology training. Conclusions In conclusion, this is the first survey demonstrating the current state of the use of MSUS in Hong Kong and a huge growth in demand for the service development and formal training in MSUS. A number of challenges in terms of lack of time and manpower, lack of expertise, high cost of equipment, and lack of support for training is evident.


2020 ◽  
pp. 304-304
Author(s):  
Vesna Nikolic ◽  
Tamara Vukic

The purpose of this paper is to research the ways of integrating sustainable development into study programs of engineering faculties in an international context, as well as to analyze the current state of engineering education for sustainable development at the universities of the Republic of Serbia. Therefore, a desktop research, as well as an analysis of the engineering education curricula, have been conducted. The results of the research indicated to two possible approaches to the integration of SD into the engineering curricula - in the form of special subjects dedicated to the problems of sustainable development in the engineering, or as an integrative approach which implies that sustainable development becomes an integral part of the entire curriculum. Subjects dedicated to sustainable development have been identified at all universities, but not at all faculties where engineers are educated in the Republic of Serbia, they are present at all levels of study (undergraduate, master, doctoral), as well as within applied, integrated and specialist studies, and by status they are most often elective. The results confirm that the engineering curricula open up towards the questions of sustainable development both in international context, and in higher education of the Republic of Serbia and as such, they can serve to the relevant ministries of education and science, universities and engineering faculties as a recommendation in which way to plan and design higher education of engineers in the future in order to provide overall support in the integration of sustainability into the engineering.


1997 ◽  
Vol 1 (2) ◽  
pp. 155-179 ◽  
Author(s):  
Andrew Burrows

This paper,first delivered on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach ofcontract, is an examination ofthose areas ofremediesfor breach ofcontract that are, or have been, the subject of review by the English Law Commission. The following topics are addressed: aggravated, exemplary and restitutionary damages; contributory negligence as a defence to breach ofcontract; interest on late payment of contractual debts; damages in contracts for the benefit of third parties; penalty clauses; and limitation periods. In addition some comments are made on remoteness ofdamage. It is concluded that there should not be a codification ofthe law in this area, although there is room for incremental reforms.


2020 ◽  
Vol 11 (4) ◽  
pp. 568
Author(s):  
Yong Wu ◽  
Yuqi Qiu ◽  
Fonny Dameaty Hutagalung ◽  
Callum McNeill-Keay

This research analyses 10 universities from the United Kingdom and China respectively to make a comparison between TESOL and TCSOL curriculum. Based on the analysis, the compulsory courses, and optional courses, some similarities and differences have been analyzed. By referring to the curriculum of TESOL, some suggestions have been put forward. This research aims to inject broader approaches to the study of Master of Teaching Chinese to Speakers of Other Language (TCSOL), which would result in an enhanced understanding and enlargement of the subject matter, provide new thinking direction, promote the development of TCSOL, and reduce the possible confusion on the future development.


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