scholarly journals Sales and Conformity of Goods: A Legal Discourse

2020 ◽  
Author(s):  
Djieufack Roland
Keyword(s):  
Economic Development ◽  
Secondary Data ◽  
Legal Discourse ◽  
Contract Law ◽  
International Standards ◽  
Commercial Law ◽  
Caveat Emptor ◽  
Depth Analysis

This chapter is primarily concerned with the fact that the concept of conformity is dynamic and amorphous as it is recognised as an impetus to economic development and plays a major role in matters of sale of goods within an economy. In making an assessment of the seller’s duty of conformity to a contract of sale of goods as governed by the OHADA Uniform Act on General Commercial Law, this study argues that the concept of conformity is limited rather than broad that should appropriately encapsulate the physical and non-physical things that could form the object of a contract of sale. It therefore explores other aspects that could be considered as part of the ‘goods’ for the purposes of the conformance duty in establishing the limits of the seller’s liability. Thus, adopting an empirical and in-depth analysis of primary and secondary data, this study therefore holds that the question of conformity of goods can conveniently be addressed from a number of different angles: contract law, consumer patterns, local and international standards, and the principles of caveat venditor and caveat emptor.

The Seller's Liability for the Non-Conformity of Goods in a Contract of Sale under the OHADA Uniform Act on General Commercial Law: A Critical Analysis

2016 ◽  
Vol 60 (3) ◽  
pp. 469-490
Author(s):  
Roland Djieufack
Keyword(s):  
Content Analysis ◽  
Critical Analysis ◽  
Critical Evaluation ◽  
Secondary Data ◽  
Contract Law ◽  
International Standards ◽  
Commercial Law ◽  
Caveat Emptor ◽  
Legal Concept ◽  
Member States

AbstractThis article assesses the seller's duty of conformity in a contract of sale under the OHADA Uniform Act on General Commercial Law. It posits that conformity is not an independent legal concept and so argues that a thorough assessment cannot be made without recognizing and taking into consideration a number of issues, irrespective of the contractual stipulations agreed by the contracting parties. Arguably, the notion of conformity falls within the meaning of the subjective understanding of a “defect”. This can raise confusion and uncertainty in determining the seller's liability for non-conforming goods. Thus, from a cursory reading of the Uniform Act, the question of the seller's duty regarding the conformity of goods can conveniently be addressed from a number of different angles: the nature of the defect; local and international standards; contract law; and the principles of caveat venditor and caveat emptor. Adopting an in-depth content analysis and critical evaluation of primary and secondary data, the article concludes that a balance should be struck between these variables and, where no guidance is given in article 255 of the Uniform Act, the prevailing norm in member states should form the basis for determining the concept of conformity of goods.

John Appleton of Maine and Commercial Law: Freedom, Responsibility, and Law in The Nineteenth Century Marketplace

1986 ◽  
Vol 4 (1) ◽  
pp. 55-69
Author(s):  
David M. Gold
Keyword(s):  
Nineteenth Century ◽  
Civil War ◽  
Contract Law ◽  
Commercial Law ◽  
Caveat Emptor ◽  
Recent Scholarship ◽  
American Law ◽  
The Law ◽  
Nineteenth Century United States ◽  
Growing Economy

More than half a century ago, Walton H. Hamilton recognized the dual economic and moral spirit of the nineteenth century's ‘sense of individualism’ when he wrote that the legal maxim caveat emptor ‘served well its two masters, business and justice’. However, recent scholarship has captured only half that spirit. Historians have concentrated on business and attributed the way judges shaped the law of the marketplace to their desire to promote economic growth. James Willard Hurst, in his seminal Law and the Conditions of Freedom in the Nineteenth Century United States, posits ‘the release of individual creative energy’ as the ‘dominant value’ in American law for the first half or three-quarters of the nineteenth century, pointing to such developments as the judicial embellishment of ‘procedures and instruments to promote dealing at a distance and on credit’ in response ‘to the needs of a growing commerce’. Lawrence M. Friedman states that nineteenth century contract law was ‘attuned to the needs of a growing economy, at least as the leading judges read those needs’. Harold M. Hyman and William M. Wiecek credit the content of pre-Civil War contract law to the ‘developmental, entrepreneurial bias’ of antebellum judges. According to Bernard Schwartz, the job of American law, at least through the Civil War, was ‘to furnish the legal tools necessary for effective mobilization of the community's resources’. William E. Nelson, adding a class twist to the ‘developmental’ theme, writes that the law in the nineteenth century ‘came to be a tool by which those interest groups that had emerged victorious in the competition for control of law-making institutions could seize most of society's wealth for themselves and enforce their seizure upon the losers’.

Foreign Trade Regimes and Economic Development: TURKEY. By Anne O. Kneger. New York : Columbia University Press 1975. (Published by the National Bureau of Economic Research, Inc., New York) xxiii + 339 pp. Price $ 17.50 for hard cover ; $ 5.00 for paperback.

1975 ◽  
Vol 14 (3) ◽  
pp. 377-380
Author(s):  
Javed Ashraf
Keyword(s):  
Economic Growth ◽  
New York ◽  
Economic Development ◽  
Foreign Trade ◽  
Economic Research ◽  
National Bureau ◽  
Columbia University ◽  
Individual Country ◽  
Depth Analysis ◽  
Exchange Control

The book is the first of a series of studies on Exchange Control, Liberalization and Economic Development sponsored by the National Bureau of Economic Research, New York. The ten-country study, of which the book under review is a part, provides an in-depth analysis of three major areas : The anatomy of exchange control along with its implications, the episode of the liberalization of the payments regime, and the relationship of growth with the exchange control regime. The findings of the individual country-studies have been consolidated in an overall synthesis. However, each study is complete in itself in accordance with the needs of scholars having an interest in only some of the studies. The book under review seeks to analyse Turkey's trade and payments regime and the effect that the latter has had on the country's economic growth. Whereas quite a few other factors are instrumental in development (e.g. agricultural productivity, levels of education, political and social stability, etc.), the focus on foreign trade alone is justified by the author on the grounds of the tremendous amount of government influence in foreign trade. Moreover, the author believes that an intensive study of the trade-growth relationship is more rewarding than: a general survey of all factors related to economic growth.

scholarly journals How to introduce new technologies to reduce nutrient losses: a case of Danish agricultural constructed wetlands

Water Policy ◽  
2017 ◽  
Vol 19 (3) ◽  
pp. 404-422 ◽  
Author(s):  
Florence Gathoni Gachango ◽  
Brian H. Jacobsen
Keyword(s):  
Constructed Wetlands ◽  
Implementation Strategy ◽  
New Technologies ◽  
Secondary Data ◽  
Policy Instrument ◽  
Nutrient Losses ◽  
Voluntary Approach ◽  
Depth Analysis ◽  
Environmental Measures

The Water Framework Directive (WFD) focuses on reduction of nutrients in individual water bodies. Innovative drainage filter technologies currently being tested in Denmark could facilitate nutrient reductions at the sub-river basins and catchment levels. The implementation strategy for these technologies, however, remains a challenge. Using both primary and secondary data, this paper presents an in-depth analysis of the role of these technologies in implementation of the WFD in Denmark. Concepts of impact assessment are used to identify the most suitable approach for incorporating these technologies into environmental measures based on a three-faceted policy instrument typology. A voluntary approach supported by investment subsidies, or incentives that could replace existing requirements, is deemed more appropriate.

Impacts of electronic monitoring on the community life: blessing or disguise?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Katarína Vitálišová ◽  
Kamila Borseková ◽  
Anna Vanˇová ◽  
Samuel Koróny
Keyword(s):  
Local Community ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Secondary Data ◽  
Primary Data ◽  
Original Research ◽  
Community Life ◽  
Content Type ◽  
Depth Analysis ◽  
The Usa

Purpose The purpose of this paper is to identify and evaluate critically the impacts associated with the implementation of electronic monitoring (EM) of accused and convicted persons on society based on the foreign experience and compare these findings with the original research results on EM in the Slovak Republic. Design/methodology/approach This paper elaborates the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Secondary research is based on in-depth analysis of articles, reports and studies searched via database of Google, Scopus and Science Direct. Based on the studies processed by a causal and qualitative analysis, the authors identify the benefits and risks of EM influencing community life in Europe and the USA. The additional sources of secondary data are the Statistical Yearbook of Ministry of Justice of Slovak Republic, the content of the original law (including relevant amendments) that introduced EM into the Slovak criminal justice system and data on the application of EM in Slovakia provided by the Ministry of Justice. Subsequently, this paper presents the original research findings about the EM implementation in the Slovak Republic. The primary data were conducted via interviews with the representatives of Ministry of Justice, and through the national survey of opinions of judges, probation and mediation officers. The authors used the descriptive statistics and the statistical deduction methods. Findings The key finding of the paper is that there is a very narrow border between EM as blessing and disguise for community involved. Setting proper measures to protect the community, targeted communication and support with attendance of professionals (e.g. mediator and psychologist) for community members might help to avoid possible risks and support the benefits related with EM implementation, namely, social and economic inclusion of offenders, maintaining family and community tights, reducing recidivism or protection of sensitive sites. Practical implications To support the acceptation of EM by local community, the authors recommend to perceive sensitively community involvement and consider potential risks related with EM implementation; to suggest the proper measures to protect the community; and to develop better or targeted communication oriented towards increasing awareness or establishment supporting groups with attendance of professionals (e.g. mediator and psychologist) that might help to avoid possible risks and support the benefits related with EM implementation. Originality/value This paper compares experience with EM based on the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Subsequently, it presents the unique data about the implementation of EM in the Slovak Republic. The topic of EM is still vastly underrated in the literature, and there is a lack of empirical data, so this paper as a combination of case studies and original research could be very helpful in the efficient implementation of EM and setting the proper measures.

Incomplete Fiscal Decentralisation: An Impediment for Local Economic Development in Ghana

2021 ◽  
Vol 4 (1) ◽  
pp. 90-105
Author(s):  
Audrey Smock Amoah ◽  
Imoro Braimah ◽  
Theresa Yaba Baah-Ennumh
Keyword(s):  
Economic Development ◽  
Local Government ◽  
Central Government ◽  
Local Economic Development ◽  
Secondary Data ◽  
Policy Recommendations ◽  
Potential Benefits ◽  
Fiscal Decentralisation ◽  
Local Government Level ◽  
Government Level

For the past three decades Ghana’s democratic decentralisation policy has sought in vein to establish a local government system capable of pursuing Local Economic Development (LED). One of the major impediments has been the insincere implementation of fiscal decentralisation for the local government to provide the enabling environment for LED. This paper employed primary and secondary data from the Wassa East District Assembly (WEDA) to assess the progress so far in Ghana’s fiscal decentralisation and its effect on LED. The paper highlights the potential benefits of LED and the incapacitation of the District Assembly by the Central government for LED financing. The paper again reveals the effects of the constraints of fiscal decentralisation on LED at the local government level and makes policy recommendations towards effective fiscal decentralisation for improvement in LED.

scholarly journals Foreign Direct Investment Led Growth Hypothesis and Economic Development in Nigeria

2021 ◽  
Vol 2 (4) ◽  
pp. 376-393
Author(s):  
Ubong Edem Effiong ◽  
Nora Francis Inyang
Keyword(s):  
Economic Development ◽  
Foreign Direct Investment ◽  
Direct Investment ◽  
Unit Root Test ◽  
Secondary Data ◽  
Short Term ◽  
Causality Test ◽  
Bounds Test ◽  
Growth Hypothesis

This study was an inquiry into the nexus of the foreign-direct investment (FDI) led growth hypothesis, and how it translates into the development of the Nigerian economy as of 1970 – 2018. The study utilized secondary data from the ‘World Development Indicators’ which were analysed using the Bounds test for cointegration and the ‘autoregressive distributed lag (ARDL) approach to divulge both the short-term cum the long-term influence of foreign direct investment net inflow on ‘economic development’ of Nigeria. The Bounds test was conducted after the unit root test revealed that the variables were stationary at mixed order of level and first difference. The outcome of the ARDL Bounds test supported confirmation of long-term association among the variables. The ARDL short-run error correction showed that 14.62% of the instability in the model was corrected yearly. In the short-term, it was discovered that FDI wielded a deleterious and substantial weight on ‘economic development of Nigeria. Meanwhile, the long-term estimates indicated that FDI influenced economic development positively, though not in a significant manner. The Granger causality test supported the fact that FDI causes ‘economic development’ in Nigeria. Given this potential of FDI exerting a positive effect on ‘economic development’, the paper recommended that bottlenecks inherent in FDI influxes in the country should be removed so as to reap the fullest benefits of such inflows in Nigeria.

scholarly journals HO CHI MINH CITY ECONOMY IN RELATION TO THE VIETNAMESE ECONOMY AND FACTORS AFFECTING HO CHI MINH CITY ECONOMIC GROWTH

2014 ◽  
Vol 17 (3) ◽  
pp. 26-44
Author(s):  
Canh Nguyen Thi ◽  
Tuan Nguyen Quoc
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Secondary Data ◽  
Poverty Rate ◽  
Ho Chi Minh City ◽  
Small Contribution ◽  
Factors Affecting ◽  
Development Indicators ◽  
National Budget ◽  
Country Factors

This research paper is focused on analyzing situation of economic development in Ho Chi Minh City after nearly 30 years implementing economic reform policies in Vietnam to specify the position and role of Ho Chi Minh City economy in comparison with the whole nation’s. In this research, we applied qualitative method with data description and economic development indicators comparison. Data are secondary data which were obtained from Statistic Yearbooks of Vietnam and Ho Chi Minh City in periods 1990/2000/2005-2013. Results indicate that the Ho Chi Minh City economy remains the Vietnam’s largest which accounts for more than 20% GDP and a third of the national budget. The annual economic growth and average income per capita are 2-3% and two times higher than those of Vietnam respectively. The poverty rate is also the lowest in the country. Factors that positively affect the Ho Chi Minh City economic growth are capital and labor as reflected by higher productivity and efficiency (specifically Ho Chi Minh City’s ICOR is 1.5-1.78 times lower than Vietnam’s and laborproductivity is two times higher than that of Vietnam) and the greater contribution of the capital and labor factors to the economic growth. However, there are signals that Ho Chi Minh City economic growth is unsustainable, including (1) slower export volume and FDI; (2) reduced weight of industry sector, especially the slow growth of key high-technology disciplines; (3) the downgrading of the urban environment quality which reduces the green GDP growth; and (4) the gradual decrease of the total factor productivity (TFP) and its very small contribution to the Ho Chi Minh City economic growth. Based on the results, this paper suggests some solutions to a sustainable development for Ho Chi Minh City in the next period.

scholarly journals Exploring the word formation process on Rich Brian�s official music video comments

2021 ◽  
Vol 6 (1) ◽  
pp. 198
Author(s):  
Syifa Dwi Mutiah ◽  
Didin Nuruddin Hidayat ◽  
Alek Alek
Keyword(s):  
Formation Process ◽  
Secondary Data ◽  
Social Function ◽  
Word Formation ◽  
Primary Data ◽  
Music Video ◽  
Secondary Source ◽  
Self Identity ◽  
Standard Data ◽  
Depth Analysis

This study attempted to explore the process of word formation and its social function of slang words on Rich Brian's official music video, precisely in the comment section of the newest song of him, D.O.A that released on 25 August 2020. This study employed discourse and sociolinguistics aspects; hence, this study's research design was a descriptive qualitative. Additionally, this study's object was a one-month comment section of Rich Brian's newest song official music video. Furthermore, there were two sources of data, primary and secondary data sources. The primary data were a comment section of Rich Brian's newest official song music video, while the secondary source was from available works of literature and urban dictionary. Therefore, to collect the data, this study did the documentation from the D.O.A. official music video from one-month duration comments. As the data obtained, there were 49 slang words found. Then, they were analyzed through Yule (2010)�s theory as the basis of word formation process standard, while Zhou & Fan (2013)�s theory was used as the basis of word formation function standard. Data analysis is divided into several steps: reading, collecting, classifying, and analyzing the data. The result showed that derivation was the highest frequency of the word-formation process. It was 22%, the acronym was 18%, coinage was 16%, the conversion was 14%, blending was 12%, compounding was 8%, clipping was 6%, borrowing and multiple processes were 2% of each. Besides, the highest social function was to express emotive feeling with 49 % quantity of the frequency. The second higher was to pursue self-identity, achieving politeness was 8%. This study suggested a more in-depth analysis of non-standard languages, such as swear words or taboo words and emoticon that can be done through a social semiotic approach.

scholarly journals THE IMPROVEMENT OF CIVIL CONSCIOUSNESS OF LAW FOR THE ENDORSEMENT OF LAW AND ECONOMIC DEVELOPMENT IN INDONESIA

2021 ◽  
Vol 6 (2) ◽  
pp. 318
Author(s):  
Ani Yunita
Keyword(s):  
Economic Development ◽  
Law Enforcement ◽  
Qualitative Analysis ◽  
Social Problems ◽  
Public Awareness ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Legal Information ◽  
Legal Development ◽  
The Government

Efforts to increase public awareness of the law are not only carried out on legal development but also on economic development, given the condition of Indonesia's economy leading to complex social problems. Referring to the above issue, the understanding towards the Indonesian people is necessary  to carry out economic development in accordance with the objectives of Indonesia's economic development to increase the welfare of the community. The article aimed to investigate the efforts to increase public legal awareness in supporting legal development and economic development in order to realize welfare. The method in this research was normative juridical by using descriptive qualitative analysis. In relation, secondary data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results proved that increasing public legal awareness in legal and economic development should be conducted by the government and all parties involved. Hence the government and law enforcement officers can proceed through counseling, legal information, assistance and guidance so that people understand the importance of legal and economic development in order to realize order, certainty, justice and community welfare.

Sign in / Sign up

Export Citation Format

Share Document