Contracts for the supply of digital content are fraught with legal issues extending beyond contract law. The contributions to this volume analyse the challenges and gaps in European Commission’s proposed Directive (COM(2015) 634 final) from the perspectives of contract law, copyright, and data protection.
Assignment is a crucial topic in commercial law, and this new work by Gregory Tolhurst is the most comprehensive work on the assignment of contractual rights ever published. It seeks to explain the existence, meaning and application of the rules governing the assignment of contractual rights and it does this by reference to the idea that assignments involve transfers. The book is logically structured to follow the issues that arise in planning, drafting and enforcing an assignment, including: - what is meant by 'assignment'; - what is the distinction between legal and equitable assignments; - how an assignable contractual right is identified; - what formalities apply to assignment; and - what rights and remedies are available to the parties to an assignment. The topic of assignment is of such universal importance to commercial lawyers that all practicing lawyers will find this work invaluable. However, the work will also be required reading for academics teaching contract, equity and personal property.
The focus area of this paper is on the assignment problem with budget constraints which is one of the application area of combinatorial optimization that operates on the domain of those optimization problems,in which the set of feasible solutions is discrete or can be reduced to discrete,and in which the goal is to find the best solution. It is particularly concerned with solving the unconstrained assignment problems with Hungarian algorithm and the constrained assignment problem by cutting plane or outer linearization algorithm for solving the Lagrangian dual problem in which, at each iteration,the function that approximates the dual function is optimized. The paper is divided in to two chapters. In the first chapter,the classical assignment problem,the problem of finding optimum (minimum or maximum) cost or profit assignment a set of workers or resources to jobs or activities to gather with its mathematical formulation,solution methods and special cases in assignment problems were considered. Under the second chapter, we have considered generalization of the classical assignment problem concerning resource(or budget) constraints, due to the variety of real life problems.
As a break from the past where organizations employed most of its personnel on a permanent basis, there have been a sharp rise in the use of short-term employment contracts within the Kenyan banking industry in the recent past. The main objective of this study was to investigate the factors that had contributed to the increased use of short-term employment contracts in the banking industry in Kenya. The specific focus of this study was to investigate the cost implication of short-term contracts, and determine the influence of workload fluctuations, business uncertainty and employee screening practices on the increased use of short-term contracts. The study was a census of all the registered 45 banking institution in Kenya. It was found that the main motives for hiring employees on short-term basis were related with matching staff to peak workload demands, saving on wage costs, having personnel for unusual working hours, covering staff absences (both long term and short term), and screening employees before giving them permanent jobs. The study concluded that the main factor contributing to increased use of short-term employments contracts is because these contracts are effective
For anyone who wants to practice in maritime law, or to a wider extent, commercial law, the interpretation of contracts is a topic of vital significance.In the world of maritime contracts, no matter that they are charterparties or marine insurance contracts, a great number of disputes arise because different parties of the same contract have different explanations to the meaning of contracts. The courts therefore have responsibilities to use some principles to settle the disputes.Law school students usually do not exploit this important field, which may not be helpful for the development of these would-be lawyers. Fortunately, the learned judges, however, did not neglect this difficult but fascinating area. For hundreds of years, in hundreds of cases, they are keeping exploring it, formulating and creating numerous principles regarding the methods of interpretation. In this thesis, therefore, an attempt is made to set these principles out and discuss them with particular regard to maritime law.
During the last century, dominating economic interest sparked an evolution of American contracting practices. Mass-market industries, including cell phone carriers, car industries, and hospitals enacted contractual practices that facilitated business agreements with thousands while judicial rulings empowered business interests. Today, businesses contract from a position of such superior bargaining power that the American non-drafting party is vulnerable to victimization. The contractual relationship between empowered businesses and non-drafting consumers is the focus of this book. Through the analysis of judicial and legislative history, this note will explore where subversive contracts exist in society and what consumers need to be conscious of when contracting. This discussion will argue for the adoption of protectionary measures to shield consumers from overly empowered business contracts.
Assignment Problem is one of the first fundamental problems in the area of combinatorial optimization. Despite its historical roots, the problem has tremendous importance to date, due to its numerous real life applications in like facility location, personnel scheduling, job scheduling, production planning, project assignment, task assignment, time-tabling, vehicle routing, storage space allocation, etc. This book comprises some real life assignment and related problems involving imprecise cost/time parameters. In order to represent those imprecise parameters, interval numbers have been used here as this representation is the best among others. The associated problems have been solved using Genetic Algorithm efficiently. A salient feature of this book is that most of the algorithms have been written in a lucid manner with suitable examples using figures. This book should interest academicians, OR/GA practitioners and executives of different industries and business organizations.
Thirty years after the approval on the 19th April 1980, the United Nations Convention on Contracts for the International Sale of Goods, the CISG, has become the law of international sales. In the meantime 74 states have ratified the CISG which make up for more than two thirds of the global trade. Despite CISG's practical importance and its global reach the commentary literature on the CISG in English, the language of international trade, is rather limited. This book is intended to fill this gap and to supplement the few existing commentaries by a truly international work which takes into account the various legal settings in which the CISG is applied. The Commentary is designed as a German type of commentary which provides an authoritative 'Article-by-Article' comment to the CISG. Its structure strictly follows the structure of the provisions of the Convention. Specific topics, e.g. E-Commerce and the CISG, comparative contract texts such as Unidroit Principles of International Commercial Contracts, European Principles of Contract Law and Draft Common Frame of Reference, are dealt with in the context of the comments of the pertinent articles.
In recent years, we have witnessed a tremendous growth of communication networks. This is because they are widely used in all walks of life, and this trend continues increasing. The research on computer communication networking field has also grown explosively due to a large variety of combinatorial optimisation problems. One of these problems is the Terminal Assignment Problem which implies fixing the minimum cost links to construct a network between a specified set of terminals and concentrators. A good solution for this problem should maintain small distances between concentrators and terminals assigned to them without exceeding the capacity of any concentrator. Additionally, it should also maintain a balanced distribution of terminals among concentrators. The intractability of this problem is a motivation for the pursuits of different approximation algorithms. In this book, we explore several metaheuristics applied to the Terminal Assignment Problem and other similar problems. Simulation results verify the effectiveness of these algorithms.
Relational contracts are defined as the set of unwritten codes of conduct that affects parties behavior during a business. The existence of these ‘contracts’ is motivated by the impossibility of predicting all the contingencies that may occur after a formal agreement is stipulated. As widely recognized in the economic literature, the incompleteness of written contracts can give rise to opportunistic behaviors of a party, that reduce the margins for the conclusion of efficient transactions. The adverse selection, moral hazard and hold-up problems are typical examples of contractual opportunism. This book provides an essay on the important role that informal mechanisms may have in mitigating contractual incompleteness and supporting transactions. The basic literature is followed by a formal model aimed at studying the incentives that reputation can generate on the firm’s decision to invest in the quality of its products. The ultimate scope of the book is to shed some light on business practices and provide discussion materials to the industrial organization scholars community.
The problem of distributing goods from depots to consumers plays an important role in the management of many distribution systems, and therefore when it is programmed efficiently it may yield significant savings. In a typical distribution system, trucks provide pick-up and delivery services to customers that are geographically dispersed in a given area. In many of its applications, the main objective of distribution is to find a set of routes for such trucks, satisfying a variety of constraints, so as to minimize the total distribution cost. This work focuses on a decision model for a real world problem. The problem reveals itself as assignment of trucks to routes by Latex Foam Rubber Products Limited-Kumasi, Ghana. This study addresses the problem of finding an efficient assignment of the limited number of trucks at the company’s disposal to the routes they ply while serving its customers outside the metropolis. In this work we use a solution procedure based on Munkres Assignment Algorithm for optimal assignment of non-homogenous fleet of trucks to a given set of routes, where Latex Foam Rubber Products Limited-Kumasi, distributes its products to its customers.
Construction industry invests considerable time and effort in planning projects & significantly less time is devoted to understanding what happens when a project is suspended or terminated. Suspensions and Terminations of contracts are one the most dangerous issues faced by the parties to the contract due to its consequences. In UAE, most of the clients use FIDIC Red Book with modifications for entering into a works contract. While the parties may include termination clauses in the contract, the UAE civil code also contains provisions that deal with suspension & termination clauses for work contracts called “Muqawala” contracts. Various clauses & their interpretation have been a point of debate as there is no clarity on what needs to be followed during the disputes. This book aims to evaluate the risks associated with the suspension & termination clauses among various parties, give a deeper insight on the Sharia law principles for work contracts falling under Muqawala & compare them with FIDIC clauses. In depth literature is available on UAE Civil Code relevant to construction laws. A survey is conducted to capture the needs of the industry & a number of recommendations are made.
A wireless mesh networks (WMNs) has emerged recently, WMN consist of two types of nodes mesh routers and mesh clients.WMN is dynamically self-organized and self-configured, with the nodes in the network automatically establishing and maintaining mesh connectivity among themselves. Channel assignment is a critical issue in WMN which is the mapping between the available channels and the radios at each node such that the network performance is optimized, and hence the focus of this work along with static channel assignment, multi-radio, multi-channel. Multi-radio MAC can potentially achieve higher network capacity than single-radio MAC. We design and implement a new agent (DSBCA) distributed channel assignment spanner base, the routing protocol Optimize the network performance considering the throughput, end-to-end delay, connectivity and the interference of our channel assignment algorithm. Base on the network simulations NS2.34 on Linux Fedora and our proposed channel assignment algorithm improved the throughput, minimal-connectivity preserving channel assignment algorithm.
Modern day public transport assignment faces lots of problems. Solutions may exist but needs some form of backings. A sensitivity analysis in most cases could just be sufficient to provide this backing. The developments in this book are very important for students, academic researchers and policy makers. The book provides an extensive review on transit assignment, sensitivity analysis and OmniTRANS. It highlights important conclusions such as:- - Passenger access-egress distances significantly affects their access stop choices. - The travel distance parameter of the generalized cost function has the highest influence on transit assignment - The number of transfers to be made by passengers significantly determines their generalized cost of travel - A carefully conducted partial sensitivity analysis can provide better predictions than a Monte-Carlo sensitivity analysis. As a policy advice to public transport operators in Flanders-Belgium, the developments in this book suggest that; to improve transit assignment, it is sufficient to reduce passengers access-egress distances & the number of transfers either through the institution of more direct transit lines or missing links.
This book is a fundamental guide for academics and practitioners in the construction arbitration sphere. The book scrutinizes the main features, and substantive characteristics of construction contracts. It is a reference to states' agreements with private foreign entities. It subjects law and practice in the MENA region to clarify critical issues such as delay and extension of time, LDs, and many other issues relating to arbitration. Authors present useful insights on a number of complex topics relating to states' infrastructure agreements. This monograph analyzes interim measures in international arbitration from international perspectives. It highlights comparative legislation and different institutional rules. It scrutinizes Egyptian arbitration law as it is adopting UNCITRAL Model Law. Authors capture with authoritative structure the pulse and dynamics of the legal framework of construction arbitration.They clarify special difficulties such as the time bar in the FIDIC forms of contracts and in ICSID arbitration, the role of the engineer in construction contracts,and multi-party arbitration in construction agreements. Authors also provide useful insights to PPPs agreements.
A very accessible and concise guide to Islamic finance Contracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners. The embedded requirements within selected Islamic financial contracts, such as risk weightage, capital structures, creations of cash flows, and balance sheets, are explained fully to provide a solid understanding of the backbone of the industry. Aimed primarily at beginners and those with a background in conventional banking, this book guides readers through the major contracts, how they're applied, and how to discern a contract's legitimacy. Case studies and interviews with bankers and global regulators provide real-life examples of contract application, and the author's own experiences provide deep insight into the everyday issues that arise. Ancillary instructor's materials include PowerPoint slides and lecture notes that facilitate use in the classroom. Literature describing the application of Islamic financial contracts is few and far between, and those providing a basic breakdown of these contracts and questioning their validity are rarer still. This book is the first of its kind, offering a basic approach to understanding Islamic contracts, designed for the true beginner. Understand the current contracts applied in Islamic banking Learn how contracts are applied across different jurisdictions Identify illegitimate contracts and those not in the spirit of Shariah law Examine the current economic realities surrounding Islamic finance By highlighting the underlying themes in Islamic finance and assessing the current practices, this book gives readers the solid understanding and up-to-date perspective that form a solid foundation upon which successful Islamic finance is practiced. For a solid introduction to the Islamic finance industry, Contracts and Deals in Islamic Finance is an accessible, practical guide.
Nowadays, the decline of the age of oil expecting in 2050 push many oil-producing countries to want to change their oil laws, to nationalize or expropriate foreign oil companies operating in their territories, to renegotiate their former petroleum contracts in order to better adapt them to the current circumstances and implement policies for strengthening the control of national and foreign petroleum activities. The rising of large (national or) foreign direct investments in search of new oilfield around the world reflects the panic of the decline of oil and its legal consequences. This situation will help us to analyze and understand legal issues that arise in the State contracts especially petroleum contracts signed between, on the one hand the host state of investment, subject of international law and owner of petroleum resources contained into its territory, and on the other hand, the foreign investors or a private foreign oil company, which is a non-state actor of international law. Keywords: State contract, Petroleum contracts, stabilization clause
Since the early 1980s thousands of Indonesian women have migrated to the Middle East to work on two-year contracts as domestic servants. Many were married and already had young children. Under the conditions of the contract, their families had to remain in Indonesia and thus their young children were entrusted to caregivers. The book evaluates the impact of childcare strategies of substitute caregivers on morbidity and nutritional status of children of mothers on overseas labour contracts. Despite the fact that the children of women on labour contracts lived away from their mothers, their morbidity pattern was not significantly different from those whose mothers were present. But stunting among children of migrants was greater, suggesting chronic malnutrition. Notwithstanding the high earnings of women workers, their families lived in poverty. Also children of migrant mothers did not benefit from their mothers' earnings partly because of the spending patterns of their family left behind.
This book contains a good literature survey of various mathematical models and routing & wavelengths assignment algorithms in WDM optical networks. Some of the new algorithms for optimization of blocking probability have aslo been covered. This book is good for researchers who are working on optical networks and advancements in fiber optics communication. Mathematical models covered in this book are simple and easy to implement. A good number of routing and wavelength assignment algorithms have also been covered in this book which can be used to reduce blocking probability of the optical network. This book can be very helpful to the research scholars.
The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve. Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.
Many studies have discussed the importance of a contract in an international joint venture (IJV). Moreover, many enterprise were asked to sign an official MODEL contract while entering China’s market. This paper aims to examine the provisions in two JV contracts: the Model from the Chinese International Economic and Trade Arbitration Committee and the JV formed between Shenyang JinBei Automotive Industry Holdings Company Limited and BMW Holding BV. These contracts will be analyzed using Parkhe’s research conclusion, which proposed the checklist for contract documents: (1) periodic written reports of all relevant transactions; (2) prompt written notice of any departures from the agreement; (3) the right to examine and audit all relevant records through a firm of CPAs; (4) designation of certain information as proprietary and subject to the confidentiality provisions of the contract; (5) non-use of proprietary information even after termination of the agreement; (6) termination of the agreement; (7) arbitration clauses; and (8) lawsuit provisions (Parkhe 1993). We hope that the analysis and information will help to ensure the rights and obligations of both parties in IJV cooperation.
In Kenya, most public and private universities have operated under performance contracts for quite some time. However, unlike in other sectors where research has been carried out to establish the success of performance contracts, no specific study has previously been conducted to establish how these tools are working in university libraries. This book is a culmination of a research conducted on 149 respondents from chartered public and private university libraries in Nairobi County who included library staff holding positions of library assistant (or its equivalent) and above at sampled university libraries. It provides an assessment of the unique factors that affect the success of performance contracts in university libraries and may be used as a reference material by students studying library and information science as well as managers especially those tasked with implementing performance contracts in educational settings, particularly in university libraries.
It has been learnt that there is no specific legislation in many countries in the respect of towage contract. The Comparative Study on Towage Contracts from the Myanmar Perspective aims to legislate on the subject of towage contracts. Therefore, It has been explained the general concept of towage that reflected historic development of towage and the meaning the towage. The towage services are varied in contractual terms depending on the towage operation in harbor or in ocean and relation with salvage and towage. In this respect, they have their own characteristic and legal the obligation of tug and tow. It also mentioned the circumstances for abandonment of towage. And the cases held for the collision when the tug and tow were involved. This study contains the similarities of common law and civil law. Therefore, it will be helpful if the similarities and differences between civil law and common law are clearly understood.