Part VII Discharge and Breach, 25 Incomplete Performance

The ‘entire obligation rule’ concerns contingent liabilities, by way of counter-performance. The rule has the salutary self-help protective function that a performing party becomes entitled to payment or other performance by the other side only if the relevant task is completely and properly achieved. Only if the performer ‘crosses this line’ is the other required to pay. For example, a builder who is to be paid on completion of the work cannot demand payment without having finished the relevant job. However, the ‘substantial performance’ doctrine might render the performing party entitled to claim the agreed sum as a debt even if that party’s performance has not been perfect, subject to a deduction in respect of the cost of rectifying defective performance.

Sulfur Poisoning and Performance Recovery of SOFC Air Electrodes

The sulfur poisoning and performance recovery of the state-of-the-art SOFC cathodes (La0.80Sr0.20)0.95MnO3±δ (LSM) and (La0.60Sr0.40)0.95Co0.20Fe0.80O3–δ (LSCF), have been studied. Electrochemical impedance spectroscopy measurements of LSCF|GDC and LSM|YSZ half-cells are carried out in alternating atmospheres of air and SO2–air at 700°C for hundreds of hours. In the presence of SO2, the electrochemical performance of both the cells decays with ohmic and non-ohmic losses, owing to the absorption and chemical interaction of SO2 with the electrodes. In LSCF, the SrO segregated on the surface tends to absorb and react with SO2, forming SrSO4 followed by the exsolution of Co-Fe. As for LSM, SO2 is absorbed onto the Sr-rich areas of LSM, including the active reaction sites near the TPBs, leading to Sr exsolution and SrSO4 formation, leaving a Sr-deficient LSM. During the subsequent exposure to air, the performance of the sulfur-contaminated LSM is almost restored. The LSM particles, exposed to alternating atmospheres of air and SO2-air during the electrochemical tests, show a relatively clean surface with sparsely distributed SrSO4 particles, indicating a high stability against sulfur poisoning. It is suggested that the loosely adsorbed SO2 at the TPBs is readily swept away by the SO2-free air flow, recovering its ORR activity, whereas the Sr-deficient LSM due to Sr-exsolution stays modified, contributing to the incomplete performance restoration. Unlike the case of LSM, the performance of the sulfur-poisoned LSCF partially recovers during the subsequent exposure to air. Correspondingly, the LSCF particles have a modified morphology covered with numerous nanoparticles, mostly SrSO4, showing the irreversible aspect of the sulfur poisoning. The morphology modification is not concentrated near the electrode/electrolyte interface but over the entire cathode, indicating that the degree of recovery from sulfur poisoning is closely related to the presence of SrO and chemical activity of Sr in the electrodes at the solid-gas interface. These results also show the potential application of LSM for a sulfur sensor available in high-temperature harsh conditions.

12. Performance

This chapter discusses the rules governing contract performance. It covers the standards of contractual duty, time of performance, place of performance, order of performance, payment, vicarious performance, alternative modes of performance, right of party in breach to cure bad or incomplete performance, tender, and partial performance.

15. Discharge of a contract for breach

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the circumstances in which a contract can be terminated or discharged by one party following breach or incomplete performance by the other party, covering entire obligations. It explains that breach of contract does not automatically bring a contract to an end and that termination of a contract for breach is not the same as rescission. This chapter also discusses the two sorts of situation in which the innocent party can terminate the contract for the other party’s breach, namely breach of condition or serious breach of an innominate term, and following repudiation, and considers the innocent party’s option to elect whether to terminate the contract or keep it alive.

Sytuacja zawodowa osób niepełnosprawnych w Polsce – regulacje prawne

The situation of people with disabilities on the labor market varies and depends on a number of problems depending both on the situation and the degree of their disability, the employer and the wider environment. The work presents issues related to the employment of disabled people both in the open and protected labor market. It also considers number of benefits resulting from the creation and adaptation of the workplace for a person with incomplete performance on the open labor market based on legal provisions in this area. Many people with disabilities work or want to work professionally despite health restrictions, drawing satisfaction from it. Professional work is a significant source of income, it is a basic factor of economic independence that favors the integration of disabled people into society, and above all it is the process of vocational rehabilitation. Work gives you the chance to become independent, improve your standard of living, enhance your values and raise your prestige. The possibility to guarantee people with disabilities the right to work in favorable conditions and on an equal basis without discrimination has become one of the basic guidelines for the employment policy of the disabled. The provisions of the law both Polish and EU under special protection include: working time, additional breaks at work, the right to leave and layoffs for the time of performing the necessary tests – treated as privileges of the disabled during employment.

15. Discharge of a contract for breach

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the circumstances in which a contract can be terminated or discharged by one party following breach or incomplete performance by the other party, covering entire obligations. It explains that breach of contract does not automatically bring a contract to an end and that termination of a contract for breach is not the same as rescission. This chapter also discusses the two sorts of situation in which the innocent party can terminate the contract for the other party’s breach, namely breach of condition or serious breach of an innominate term, and following repudiation, and considers the innocent party’s option to elect whether to terminate the contract or keep it alive.

The Reform of French Contract Law: An Analysis of its Application to Corporate Acquisitions

More than ten years after the French President at the time first announced it – during the bicentenary celebration of the Napoleonic Code, the reform of the law of contracts has taken shape. The reform’s objectives are to make the law more accessible while increasing legal certainty; objectives often put forward during successive legal reforms without necessarily being met. Its purpose is also to increase the efficiency of French contract law, which will encourage business growth, and is evident, for instance, by the fact that unilateral will is being dealt with several times in the reform. In addition, contractual freedom, captured within the preliminary provisions, sets the tone for a more flexible legal framework. Although the reform codifies several solutions derived from case-law, it also introduces noteworthy innovations such as, in particular, a duty to inform, a legal framework for unforeseeable situations, means of action against unfair clauses in adhesion contracts, or even the ability to reduce the price in the event of incomplete performance of the contract. This reform recognizes contractual freedom, which can – in any event – only be a step in the right direction! This article analyses the modification to French contract law made by Ordinance N° 2016–131 and their impact on corporate acquisitions.

Termination of Contracts

This chapter examines what the contract law says about termination of contracts, focusing on the conditions under which the creditor is entitled to terminate the contract and how the parties can claim back what they have already rendered. Can the contract be terminated only where the breach is ‘fundamental’? Can it be terminated immediately or only after a reasonable extra period for performance or cure has been set and the other party has failed to comply with it? When must a contractual time stipulation be regarded as of the ‘essence’ of the contract? In particular, the chapter looks at the impossibility of performance, anticipatory non-performance, delayed performance, incomplete performance, and defective performance. It also explains how the law deals with the question of restitution.