3 resultados para fairness

em Greenwich Academic Literature Archive - UK


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There has been a recent revival of interest in the register insertion (RI) protocol because of its high throughput and low delay characteristics. Several variants of the protocol have been investigated with a view to integrating voice and data applications on a single local area network (LAN). In this paper the performance of an RI ring with a variable size buffer is studied by modelling and simulation. The chief advantage of the proposed scheme is that an efficient but simple bandwidth allocation scheme is easily incorporated. Approximate formulas are derived for queue lengths, queueing times, and total end-to-end transfer delays. The results are compared with previous analyses and with simulation estimates. The effectiveness of the proposed protocol in ensuring fairness of access under conditions of heavy and unequal loading is investigated.

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Explores the issue of the share of beneficial entitlement to the family home where the legal title is jointly owned, but where there has not been an express declaration of a beneficial joint tenancy. Discusses the House of Lords judgment in Stack v Dowden which addressed this point. Explains how the judges moved the focus away from the court imposing its own sense of fairness on the parties or imputing an intention based on the circumstances to one where the concentration will be on the parties' relevant conduct. Outlines three other points of interest referred to in the judgment: (1) whether an indirect financial contribution could support a constructive trust; (2) whether proprietary estoppel and common intention constructive trusts should be assimilated; and (3) whether a mortgage liability is equivalent to a financial contribution.

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Examines the test for vicarious liability for intentional torts laid down by the House of Lords in Lister v Hesley Hall Ltd requiring a close connection between an employee's tort and his employment. Reviews subsequent case law, highlighting inconsistencies in the courts' approach as to whether a close connection existed. Asks whether the cases suggest that the courts are applying a separate test based on the fairness of holding the employer liable. [From Legal Journals Index]