Contractual termination of leases: lessons from the Commonwealth - Part 3

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.

How habits, social ties, and economic switching barriers affect customer loyalty in contractual service settings

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.

Reduction of XPM penalty by sub-bit delay demodulation of DQPSK

We show that using a shortened delay in the demodulator for DQPSK channels can significantly reduce the XPM penalties caused by transmitting 40Gb/s DQPSK channels alongside 10Gb/s OOK channels. © 2010 Optical Society of America.

Simple eye-closure penalty estimate for amplitude noise-degraded signals

We present a simplified model for a simple estimation of the eye-closure penalty for amplitude noise-degraded signals. Using a typical 40-Gbit/s return-to-zero amplitude-shift-keying transmission, we demonstrate agreement between the model predictions and the results obtained from the conventional numerical estimation method over several thousand kilometers.

Reduction of XPM penalty by sub-bit delay demodulation of DQPSK

We show that using a shortened delay in the demodulator for DQPSK channels can significantly reduce the XPM penalties caused by transmitting 40Gb/s DQPSK channels alongside 10Gb/s OOK channels. © 2010 Optical Society of America.

Reduced OSNR penalty for frequency drift tolerant coherent packet switched systems using doubly differential decoding

In this paper we will demonstrate the improved BER performance of doubly differential phase shift keying in a coherent optical packet switching scenario while still retaining the benefits of high frequency offset tolerance. © OSA 2014.

Claims for non-contractual services

The paper argued that the basis of non-contractual claims was reliance rather than unjust enrichment, criticising the unjust enrichment explanation as being premised on a number of unnecessary legal fictions which also undermine the more general coherence of unjust enrichment.

Simple eye-closure penalty estimate for amplitude noise-degraded signals

We present a simplified model for a simple estimation of the eye-closure penalty for amplitude noise-degraded signals. Using a typical 40-Gbit/s return-to-zero amplitude-shift-keying transmission, we demonstrate agreement between the model predictions and the results obtained from the conventional numerical estimation method over several thousand kilometers.

Strategic innovation through outsourcing:the role of relational and contractual governance

There is growing evidence that client firms expect outsourcing suppliers to transform their business. Indeed, most outsourcing suppliers have delivered IT operational and business process innovation to client firms; however, achieving strategic innovation through outsourcing has been perceived to be far more challenging. Building on the growing interest in the IS outsourcing literature, this paper seeks to advance our understanding of the role that relational and contractual governance plays in achieving strategic innovation through outsourcing. We hypothesized and tested empirically the relationship between the quality of client-supplier relationships and the likelihood of achieving strategic innovation, and the interaction effect of different contract types, such as fixed-price, time and materials, partnership and their combinations. Results from a pan-European survey of 248 large firms suggest that high-quality relationships between clients and suppliers may indeed help achieve strategic innovation through outsourcing. However, within the spectrum of various outsourcing contracts, only the partnership contract, when included in the client contract portfolio alongside either fixed-price, time and materials or their combination, presents a significant positive effect on relational governance and is likely to strengthen the positive effect of the quality of client-supplier relationships on strategic innovation.

Fiber nonlinearity-induced penalty reduction in CO-OFDM by ANN-based nonlinear equalization

We experimentally demonstrate ∼2 dB quality (Q)-factor enhancement in terms of fiber nonlinearity compensation of 40 Gb/s 16 quadrature amplitude modulation coherent optical orthogonal frequency-division multiplexing at 2000 km, using a nonlinear equalizer (NLE) based on artificial neural networks (ANN). Nonlinearity alleviation depends on escalation of the ANN training overhead and the signal bit rate, reporting ∼4 dB Q-factor enhancement at 70 Gb/s, whereas a reduction of the number of ANN neurons annihilates the NLE performance. An enhanced performance by up to ∼2 dB in Q-factor compared to the inverse Volterra-series transfer function NLE leads to a breakthrough in the efficiency of ANN.

An analysis of penalty kicks in elite football post 1997

The penalty kick in football is a seemingly simplistic play; however, it has increased in complexity since 1997 when the rules changed allowing goalkeepers to move laterally along their goal line before the ball was kicked. Prior to 1997 goalkeepers were required to remain still until the ball was struck. The objective of this study was to determine the importance of the penalty kick in the modern game of football. A retrospective study of the 2002, 2006 and 2010 World Cup and the 2000, 2004 and 2008 European Championship tournaments was carried out, assessing the importance of the penalty kick in match play and shootouts and the effect of the time of the game on the shooter's success rate. This study demonstrated the conversion rate of penalties was 73% in shootouts and 68% in match play. Significantly more penalties were awarded late in the game: twice as many penalties in the second half than the first and close to four times as many in the fourth quarter vs. the first. Teams awarded penalty kicks during match play won 52%, drew 30% and lost 18% of the time; chances of winning increased to 61% if the penalty was scored, but decreased to 29% if missed. Teams participating in either the World Cup or European Championship final match had roughly a 50% chance of being involved in a penalty shootout during the tournament. Penalty shots and their outcome significantly impact match results in post 1997 football.

A szervezet kockázati attitűdjének jelentősége a szerződéses kapcsolatokban (Significance of the organizational risk attitude on the contractual relations)

A tanulmány azt vizsgálja, milyen befolyással van a szervezetek kockázati attitűdje az általuk kötött szerződésre, elsősorban a projektszintű kockázatok megosztására. Esettanulmányként egy PPP-projekt szerződését használja fel, amely jól szemlélteti, hogy az eltérő kockázati magatartású szervezetek egymás közötti kockázatallokációja eltér az optimálistól. A konkrét esetben a közösségi aktor kerül kockázati aspektusból hátrányos helyzetbe. A vizsgálat eredménye, hogy meghatároz néhány kulcsparamétert, melyek a felek kockázati szempontból nyertes vagy vesztes pozícióját döntő módon befolyásolják. ___________ This paper examines the influence of the risk attitude of organizations on the contracts made by them, especially on allocation of the project level risk. A PPP project contract is used as a case study, because it illustrates expressively that the risk allocation between the concerned organiza tions with different risk attitudes differs from the optimal version. In this very case the public actor's position becomes disadvantageous. Specification some of the key parameters able to determine the winner or loser position of the risk taken parties is defined as the outcome of this study.

Symmetric Interior Penalty DG Methods for the Compressible Navier-Stokes Equations I: Method Formulation

In this article we consider the development of discontinuous Galerkin finite element methods for the numerical approximation of the compressible Navier-Stokes equations. For the discretization of the leading order terms, we propose employing the generalization of the symmetric version of the interior penalty method, originally developed for the numerical approximation of linear self-adjoint second-order elliptic partial differential equations. In order to solve the resulting system of nonlinear equations, we exploit a (damped) Newton-GMRES algorithm. Numerical experiments demonstrating the practical performance of the proposed discontinuous Galerkin method with higher-order polynomials are presented.

Symmetric Interior Penalty DG Methods for the Compressible Navier-Stokes Equations II: Goal--Oriented A Posteriori Error Estimation

In this article we consider the application of the generalization of the symmetric version of the interior penalty discontinuous Galerkin finite element method to the numerical approximation of the compressible Navier--Stokes equations. In particular, we consider the a posteriori error analysis and adaptive mesh design for the underlying discretization method. Indeed, by employing a duality argument (weighted) Type I a posteriori bounds are derived for the estimation of the error measured in terms of general target functionals of the solution; these error estimates involve the product of the finite element residuals with local weighting terms involving the solution of a certain dual problem that must be numerically approximated. This general approach leads to the design of economical finite element meshes specifically tailored to the computation of the target functional of interest, as well as providing efficient error estimation. Numerical experiments demonstrating the performance of the proposed approach will be presented.

Two-Level Schwarz Preconditioners for Super Penalty Discontinuous Galerkin Methods

We extend the construction and analysis of the non-overlapping Schwarz preconditioners proposed in Antonietti et al. [Math. Model. Numer. Anal., 41(1):21-54, 2007] and [Math. Model. Numer. Anal., submitted, 2006] to the (non-consistent) super penalty discontinuos Galerkin methods introduced by Babuska et al. [SIAM J. Numer. Anal., 10:863-875, 1973] and by Brezzi et al. [Numer. Methods Partial Differential Equations, 16(4):365-378, 2000]. We show that the resulting preconditioners are scalable, and we provide the convergence estimates. We also present numerical experiments demonstrating the theoretical results.