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In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
The “duty to mitigate loss” doctrine has been the object of study in many jurisdictions, which have interpreted and applied it in a wide range of situations and in different ways. In Brazil, however, only recent discussions have brought light to this subject. Worldwide, researchers have debated its nature – whether a duty or a principle – and the most proper way to address it (e.g.: if duty to mitigate loss or damages; duty to rescue; avoidable consequences doctrine). Studies have also detailed its application in different situations, such as in contracts and torts, among suppliers, consumers and national and international commerce, for instance. Ultimately, responding to the shift for globalized relations involving parties from different jurisdictions, the development of the doctrine and its standardization by Common Law courts, Civil Law codifications and international rules have allowed emerging countries to take advantage of the lessons learnt in more experienced systems and helped them regulate their own in the most suitable form. The purpose of this book is to provide an in-depth study of the “duty to mitigate loss” – from its origin to its current application in selected jurisdictions – so as to comprehensively come up with a proposition that is sufficiently adequate to fill the Brazilian legal framework gap diagnosed with respect to its effective regulation.
This book focuses on problems encountered in areas of high risk for seismic events. It introduces the essential aspects of carrying out vulnerability assessments and applying practical measures to mitigate damage in hospitals addressing structural and nonstructural aspects as well as administrative and internal organization. In a period of only 15 years between 1981 and 1996 93 hospitals and 538 health care centers in Latin America and the Caribbean were damaged as a consequence of natural disasters. The direct cost of these disasters has been enormous; just as devastating has been the social impact of the loss of these critical facilities at a time when they were most needed. For these reasons special consideration must be given to disaster planning for these facilities. Assessing and reducing their vulnerability to natural hazards is indispensable. Principles of Disaster Mitigation in Health Facilities is an updated compilation of various documents on the topic already published by PAHO/WHO. Sections of previous publications have been revised to address the needs of professionals from a variety of disciplines particularly those involved in health facility planning operation and maintenance. Figures and photographs illustrate situations that can increase disaster vulnerability in health facilities. Examples are given of how countries in Latin America have conducted vulnerability assessments and applied specific disaster mitigation measures in their hospitals and health centers.
Autonomous cars, drones, and electronic surveillance systems are examples of technologies that raise serious ethical issues. In this analytic investigation, Martin Peterson articulates and defends five moral principles for addressing ethical issues related to new and existing technologies: the cost-benefit principle, the precautionary principle, the sustainability principle, the autonomy principle, and the fairness principle. It is primarily the method developed by Peterson for articulating and analyzing the five principles that is novel. He argues that geometric concepts such as points, lines, and planes can be put to work for clarifying the structure and scope of these and other moral principles. This geometric account is based on the Aristotelian dictum that like cases should be treated alike, meaning that the degree of similarity between different cases can be represented as a distance in moral space. The more similar a pair of cases are from a moral point of view, the closer is their location in moral space. A case that lies closer in moral space to a paradigm case for some principle p than to any paradigm for any other principle should be analyzed by applying principle p. The book also presents empirical results from a series of experimental studies in which experts (philosophers) and laypeople (engineering students) have been asked to apply the geometric method to fifteen real-world cases. The empirical findings indicate that experts and laypeople do in fact apply geometrically construed moral principles in roughly, but not exactly, the manner advocates of the geometric method believe they ought to be applied.
How can programs and organizations ensure they are adhering to core principles--and assess whether doing so is yielding desired results? From evaluation pioneer Michael Quinn Patton, this book introduces the principles-focused evaluation (P-FE) approach and demonstrates its relevance and application in a range of settings. Patton explains why principles matter for program development and evaluation and how they can serve as a rudder to navigate the uncertainties, turbulence, and emergent challenges of complex dynamic environments. In-depth exemplars illustrate how the unique GUIDE framework is used to determine whether principles provide meaningful guidance (G) and are useful (U), inspiring (I), developmentally adaptable (D), and evaluable (E). User-friendly features include rubrics, a P-FE checklist, firsthand reflections and examples from experienced P-FE practitioners, sidebars and summary tables, and end-of-chapter application exercises. ÿ
This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.