Effect of pandemic on performance of contracts and remedies to the cases of breach

There would hardly be be any walk of life which has gone unaffected by the Covid-19 pandemic. It’s effect of the performance of contracts has also attracted legal questions and practical balancing of interests. In deciding whether a sum stipulated to be paid in case of breach of contract is liquidated damages or penalty to secure performance of the contract, intention of party is an important factor in determining but not always controlling one. Substantially, remedies are given by actions in cases of performance of contracts. The nature of the contract determines the kind of remedies. The article demonstrates the structure of damages, penalty-default theory as derived from Hadley v. Baxendale. It also analyses the effects brought in by the Covid-19 pandemic over the award of damages. By this article, the authors aim to analyze the two most crucial aspects of the Indian Contract Act ie. Performace, frustration and award of damages. The article attempts to scrutinize the dimensions and ways in which these words can be interpreted and applied. In this paper, the author will rely on critical and comparative analysis. For certain empirical demands of the topic, already published data and information will be relied on and acknowledged.

Selection of strategic priorities of development of regional spatial and sectoral structure

The article generalizes methodological approaches to creating a mechanism for selecting strategic priorities of development of regional spatial and sectoral structure. The author studies the tendencies of choosing priorities of development in accordance with the basic principles of sustainable development, “consensuses” of various types, “inclusive economics”, “stakeholder economics”, “donut economics”, “sharing economics”. The conclusion is that methodological approaches under consideration are a kind of reflection of sustainable development principles. They serve as a transitional stage to noospheric approach that reflects balancing of “interests of a human”, “interests of the nature” and “interests of technology”. The author applies to this conception to suggest a mechanism for selecting strategic priorities of development of regional spatial and sectoral structure. Such a mechanism for selecting strategic priorities of development is supposed to be a “bridge” for the transition to “noonomics” as a new stage of development.

Der Familiennachzug zu Drittstaatsangehörigen

With the initial two-year suspension of family reunification for beneficiaries of subsidiary protection in 2016, their wives and children in crisis areas as well as unaccompanied minors suffered cuts in their right to family. Embedded in this political situation, the author examines the relevant national and international legal sources with regard to family, women’s, and minors’ rights and discusses the recitals of limiting family reunification, taking into account state sovereignty. The work concludes with a legal assessment and balancing of interests using the example of the suspension of family reunification and opens the view for affected-oriented reunification regulations.

Regulation of Professionals and Facilities in Europe

This chapter is an overview of the regulation of healthcare in Europe. It demonstrates that regulatory mechanisms in Europe are not straightforward given the complexity of healthcare systems, the balancing of interests involved, the need to avoid political agendas taking priority over the public interest, and the financial and bureaucratic cost of compliance. Right-touch regulation in all sectors tries to strike an appropriate and proportionate balance between liberty and safety, between freedom to innovate and public protection, but the stakes are perhaps higher in healthcare than in other areas due to the potential consequences involved. However, the chapter shows how the increasing level of participation of public interest or lay representatives on regulatory boards and statutory authorities may go some way to providing the public with assurance of the independence of these bodies and their prioritisation of patient safety above all else, but much also depends on the statutory framework underpinning the work of these bodies and the extent to which they are mandated to be rigorous, independent, effective champions of the public interest. Much work has been done in this context, but, as the chapter shows, there remains much more to do.

A Reciprocal Exchange

This chapter asks: what determines the scope for criminal justice cooperation between Australia and Indonesia? It demonstrates that the practice of reciprocity is central to the realization of cooperation and, critically, is practised differently by different actors. Politicians are more likely to pursue specific reciprocity—or what is otherwise called ‘tit-for-tat’—because they are inclined to view their (political) interests differently. Police and other bureaucrats are more likely to pursue diffuse reciprocity—which involves a rougher balancing of interests over the longer term—because they are inclined to see their (policy) interests as mutual. As it is less exacting and time-bound than specific reciprocity, a strategy of diffuse reciprocity increases the scope for cooperation. Based on this analysis, the chapter concludes that the greater the perception of mutual interests by actors engaged in the cooperative relationship, the greater the scope for cooperation.

11. Cross-Border Banking

This chapter first sets out seven cases that illustrate some of the legal problems arising from international banking. Many of these cases are not new, nor are most confined to banking. The chapter outlines of how these problems have been handled followed by an examination of the broader principles underlying the resolution of the harder cases. Comity, balancing, cooperation, and harmonization are considered. Jurisdictional clashes over banking matters continue to occur. Some are resolvable in accordance with established legal doctrine, some in accordance with bilateral and multilateral agreements between states. There remains a question mark over how much is achievable in reducing the conflict by pursuing notions of jurisdiction, comity, and the balancing of interests. Rather, shared concerns on substantive issues, such as money laundering and terrorist financing, are more likely to lead to deference by, and cooperation between, jurisdictions.

From Wagner to Taft-Hartley: From Rights to Interests

This chapter explains how a workers’ rights law with values most consistent with human rights values was subordinated to pragmatic “give and take” and “balancing” of interests.