7 resultados para unlawful termination protections

em Greenwich Academic Literature Archive - UK


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This, the first part of a three-part article on contractual termination of leases, considers the extent to which determination of a lease in accordance with the contract law principles of frustration and acceptance of a repudiatory breach has been accepted by Commonwealth courts. Reviews the approaches adopted by the courts in Canada, the US and Australia to the application of contractual principles to landlord and tenant disputes.

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This, the second part of a three-part article on contractual termination of leases, considers the extent to which English courts have allowed the contract law principles of frustration and acceptance of a repudiatory breach to be applied to leaseholds. Distinguishes cases involving a repudiatory breach by a landlord from those where the tenant is the one in breach.

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This, the third part of a three-part article on the contractual termination of leases, examines, with reference to UK and Commonwealth case law, the connection between contractual termination and the provisions of legislation including the the Landlord and Tenant Act 1954 Pt II relating to forfeiture and termination of business tenancies. Considers why contractual termination by acceptance of a repudiatory breach is a necessary development to protect tenants in the event of a landlord's significant default.

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Reviews key proposals of a draft Bill set out in Command Paper: The Law Commission: Termination of Tenancies for Tenant Default (Cm.6946), aimed at replacing the existing law on forfeiture of tenancies. Summarises the main elements of the proposed termination action by landlords, the events justifying such an action, the time limits for serving default notices, the revised range of court orders available and the considerations influencing which type of order to make. Examines the position of qualifying interest holders and the circumstances in which summary termination notices are prohibited.

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Occupant interaction with signage systems is being introduced into evacuation simulations through the newly developed concept of the Visibility Catchment Area or VCA. In this article, we describe the concept of VCA and how it has been extended to incorporate the presence of physical obstructions and termination distance. The VCA concept is then linked to a prototype behavior model intended to represent the occupant's interaction with the signage system. The functionality and performance of the newly developed model is then demonstrated through the simulation of various evacuation scenarios within a hypothetical supermarket layout

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A natural approach to representing and reasoning about temporal propositions (i.e., statements with time-dependent truth-values) is to associate them with time elements. In the literature, there are three choices regarding the primitive for the ontology of time: (1) instantaneous points, (2) durative intervals and (3) both points and intervals. Problems may arise when one conflates different views of temporal structure and questions whether some certain types of temporal propositions can be validly and meaningfully associated with different time elements. In this paper, we shall summarize an ontological glossary with respect to time elements, and diversify a wider range of meta-predicates for ascribing temporal propositions to time elements. Based on these, we shall also devise a versatile categorization of temporal propositions, which can subsume those representative categories proposed in the literature, including that of Vendler, of McDermott, of Allen, of Shoham, of Galton and of Terenziani and Torasso. It is demonstrated that the new categorization of propositions, together with the proposed range of meta-predicates, provides the expressive power for modeling some typical temporal terms/phenomena, such as starting-instant, stopping-instant, dividing-instant, instigation, termination and intermingling etc.

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In the scheduling literature, the notion of machine non availability periods is well known, for instance for maintenance. In our case of planning chemical experiments, we have special periods (the week-ends, holidays, vacations) where the chemists are not available. However, human intervention by the chemists is required to handle the starting and termination of the experiments. This gives rise to a new type of scheduling problems, namely problems of finding schedules that respect the operator non availability periods. These problems are analyzed on a single machine with the makespan as criterion. Properties are described and performance ratios are given for list scheduling and other polynomial-time algorithms.