31 resultados para Contractual party

em Aston University Research Archive


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Research on political parties has long identified “environmental” pressures upon parties to undertake organisational and programmatic reforms – this applies in particular to “catch-all” parties or Volksparteien. Changed social and media structures, the decline of organisations traditionally associated with the parties, and the growth in alternative possibilities of political participation create significant organisational – as well as programmatic – challenges. This paper compares the German CDU and the British Conservatives in two respects: in particular it focuses on their organisational responses to the election defeats they suffered at the end of the 1990s, examining those reforms which took place and consider whether these match the expectations of organisational reforms anticipated by proponents of the “cartel party thesis”. While in both cases there are similarities, but (in particular in the German case) it is important not to understate the extent of internal party resistance to reform, and thus the difficulties with which aspiring party reformers are confronted. This conclusion suggests, more broadly, that in reality the process of party change is more than an almost automatic, isomorphic, and inevitable response to a changing environment. Rather it is punctuated, messy, and often contingent on events and agents.

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Several parties (stakeholders) are involved in a construction project. The conventional Risk Management Process (RMP) manages risks from a single party perspective, which does not give adequate consideration to the needs of others. The objective of multi-party risk management is to assist decision-makers in managing risk systematically and most efficiently in a multi-party environment. Multi-party Risk Management Processes (MRMP) consist of risk identification, structuring, analysis and developing responses from all party perspectives. The MRMP has been applied to a cement plant construction project in Thailand to demonstrate its effectiveness.

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In 1993 Leggatt L.J. said in Abu Dhabi National Tanker Co. v. Product Star Shipping Ltd. (The Product Star) [1993] 1 Lloyds Rep. 397, 404: Where A and B contract with each other to confer a discretion on A, that does not render B subject to A’s uninhibited whim. In my judgment, the authorities show that not only must the discretion be exercised honestly and in good faith, but, having regard to the provisions of the contract by which it is conferred, it must not be exercised arbitrarily, capriciously or unreasonably.

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Analyses how to calculate damages for the loss of an opportunity by reason of a breach of contract, in the light of the House of Lords judgment in Gregg v Scott concerning clinical negligence. Discusses whether different principles apply to contract claims and torts.

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This paper considers the role of opportunism in three contractual theories of the firm: rent-seeking theory, property rights theory, and agency theory. In each case I examine whether it is possible to have a functioning contractual theory of the firm without recourse to opportunism. Without opportunism firms may still exist as a result of issues arising from (incomplete) contracting. Far from posing a problem for the theory of the firm, questioning the role of opportunism and the ubiquity of the hold-up problem helps us understand more about the purpose and functions of contracts which go beyond mere incentive alignment.

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In the first of a three-part article, the writers consider the extent to which the contractual termination of a lease by frustration and acceptance of a repudiatory breach has been accepted in Commonwealth case law, notably Canada, the United States and Australia.

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In the second part of this article, the writers examine how far the English courts have acknowledged the application of the doctrine of frustration and acceptance of repudiation in the leasehold context.

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In the final part of this article, the writers consider the interrelation between contractual termination and the various statutory provisions governing forfeiture and termination of a business tenancy under Pt II of the Landlord and Tenant Act 1954. The article concludes by suggesting that termination by acceptance of a repudiatory breach is not only a welcome, but necessary incursion into leasehold law in order to provide tenants with the ability to end the lease in cases of serious landlord default.

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This paper discusses in way in which partisan influence upon public policy, and wider historical, political and institutional pressures, can operate on a regional level and can lead to divergent policies existing within a nation-state. It offers an empirical discussion of two policy areas (education and childcare) at the regional Level (the level of the Länder) in Germany, confirming that both the partisan composition of regional government, and also wider institutional and historical pressures, exert a clear influence upon policy, lead to sharply variations in policy within the nation state. Two conclusions can be drawn: that the region cab be an important unit of analysis in Political Science and Public Policy, and that scholars of policy change may find the regional level fertile ground in analysing wider political phenomena.

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Competition in the 3PL market continues to intensify as providers compete to win and retain clients. 3PL providers are required to reduce costs while offering tailored innovative logistical solutions in order to remain competitive. 3PL providers can reduce costs through the consolidation of assets and introduction of cross-docking activities. Innovative logistical services can be tailored to each client via the introduction of real-time data updates. This paper highlights that RFID enabled RTE can assist in improvements of both these areas through increased network visibility. A framework is presented where the 3PL provider focuses on asset reduction, asset utilisation, real-time data employment and RTE cycle time reduction in order to enhance competitiveness. © 2011 IEEE.

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The subject-matter of this thesis is the interaction between the Parti Communiste Français and the National Liberation struggle in Algeria , and the debate that ensued within the Party itself.For a detailed study of the Party ' s line on the war, PCF publications were contrasted with the texts produced by the opposition.Three main axes were identified crystallising discussion within the Party during the Algerian war: The relationship between France and Algeria and the Party ' s attitude to the French nation; The nature of the Algerian nation and its genesis; France's military engagement in Algeria.The dichotomy between the Party's national and internationalist responsibilities is shown to have resolved itself by the fundamental integration of the PCF into the political structure and value system of the French Republic. This study demonstrates the birth of a substantial internal opposition to the PCF during the Algerian war.

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While existing literature acknowledges positive effects of satisfaction and economic switching barriers for building customer loyalty, studies analyzing interactions of these antecedents reveal mixed findings. Prior research does not consider, as antecedents of switching barriers, either habits or social ties that result from shared service-usage within a family or community. This paper contributes to the literature, first, by replicating the effects of satisfaction, economic switching barriers, and their interaction with customer loyalty and word-of-mouth of subscribers to a contractual service. Second, the study empirically tests the role of social ties as a social switching barrier. Third, the study introduces and tests the effects of habits as a precursor of economic and social switching barriers. Results reveal significant positive effects of satisfaction, economic switching barriers, and social ties on customer loyalty and word-of-mouth. Additionally, economic switching barriers and social ties interact significantly with satisfaction and habits act as a precursor of economic switching barriers and social ties.

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This article considers recent attempts to reform German federalism, the failed 2004 reform, and the reforms agreed in 2006 and 2009. It compares partisan, ideological and territorial factors which contribute to an understanding of reform, finding that all three have a role in explaining actors’ views of reform proposals. Two other claims are developed: that in some aspects of the reforms, a division between ‘generalist’ and ‘subject specialist’ politicians became apparent; and that a decisive change between 2004 and 2006 was the formation of a grand coalition at a federal level, which paved the way for agreement upon reform proposals.