Questions and Answers : Contract Law [4th ed.]

LexisNexis Questions & Answers - Contract Law provides an understanding of contract law and gives a clear and systematic approach to analysing and answering problem and exam questions. Each chapter commences with a summary of the relevant cases and identification of the key issues. Each question is followed by a suggested answer plan, a sample answer and comments on how the answer might be assessed by an examiner. The author also offers advice on common errors to avoid and practical hints and tips on how to achieve higher marks.

Preliminary insights from a multiple case study on process modelling impact

Process modelling – the design and use of graphical documentations of an organisation’s business processes – is a key method to document and use information about business processes in organisational projects. Still, despite current interest in process modelling, this area of study still faces essential challenges. One of the key unanswered questions concerns the impact of process modelling in organisational practice. Process modelling initiatives call for tangible results in the form of returns on the substantial investments that organisations undertake to achieve improved processes. This study explores the impact of process model use on end-users and its contribution to organisational success. We posit that the use of conceptual models creates impact in organisational process teams. We also report on a set of case studies in which we explore tentative evidence for the development of impact of process model use. The results of this work provide a better understanding of process modelling impact from information practices and also lead to insights into how organisations should conduct process modelling initiatives in order to achieve an optimum return on their investment.

Potentials of social media for tacit knowledge sharing amongst physicians : preliminary findings

Tacit knowledge sharing amongst physicians, such as the sharing of clinical experiences, skills, or know-how, or know-whom, is known to have a significant impact on the quality of medical diagnosis and decisions. This paper posits that social media can provide new opportunities for tacit knowledge sharing amongst physicians, and demonstrates this by presenting findings from a review of relevant literature and a survey conducted with physicians. Semi-structured interviews were conducted with ten physicians from around the world who were active users of social media. Initial thematic analysis revealed eight themes as potential contributions of social web tools to facilitate tacit knowledge flow amongst physicians. The emergent themes are defined, linked to the literature, and supported by instances of interview transcripts. Findings presented here are preliminary, and final results will be reported after accomplishing all phases of data collection and analysis.

Efficient safety information retrieval on construction sites : a preliminary methodology

IT-supported field data management benefits on-site construction management by improving accessibility to the information and promoting efficient communication between project team members. However, most of on-site safety inspections still heavily rely on subjective judgment and manual reporting processes and thus observers’ experiences often determine the quality of risk identification and control. This study aims to develop a methodology to efficiently retrieve safety-related information so that the safety inspectors can easily access to the relevant site safety information for safer decision making. The proposed methodology consists of three stages: (1) development of a comprehensive safety database which contains information of risk factors, accident types, impact of accidents and safety regulations; (2) identification of relationships among different risk factors based on statistical analysis methods; and (3) user-specified information retrieval using data mining techniques for safety management. This paper presents an overall methodology and preliminary results of the first stage research conducted with 101 accident investigation reports.

Using neo-Piagetian theory, formative in-Class tests and think alouds to better understand student thinking : a preliminary report on computer programming

It is acknowledged around the world that many university students struggle with learning to program (McCracken et al., 2001; McGettrick et al., 2005). In this paper, we describe how we have developed a research programme to systematically study and incrementally improve our teaching. We have adopted a research programme with three elements: (1) a theory that provides an organising framework for defining the type of phenomena and data of interest, (2) data on how the class as a whole performs on formative assessment tasks that are framed from within the organising framework, and (3) data from one-on-one think aloud sessions, to establish why students struggle with some of those in-class formative assessment tasks. We teach introductory computer programming, but this three-element structure of our research is applicable to many areas of engineering education research.

Executive function development and stress effects on driving performance : preliminary findings from a young adult sample.

This chapter presents a pilot study examining the interactive contributions of executive function development/impairment and psychosocial stress to young adults’ (17-30 years old) driving behaviour in a simulator city scenario.

Architecture post mortem : the diastolic architecture of decline, dystopia, and death

Architecture Post Mortem surveys architecture’s encounter with death, decline, and ruination following late capitalism. As the world moves closer to an economic abyss that many perceive to be the death of capital, contraction and crisis are no longer mere phases of normal market fluctuations, but rather the irruption of the unconscious of ideology itself. Post mortem is that historical moment wherein architecture’s symbolic contract with capital is put on stage, naked to all. Architecture is not irrelevant to fiscal and political contagion as is commonly believed; it is the victim and penetrating analytical agent of the current crisis. As the very apparatus for modernity’s guilt and unfulfilled drives-modernity’s debt-architecture is that ideological element that functions as a master signifier of its own destruction, ordering all other signifiers and modes of signification beneath it. It is under these conditions that architecture theory has retreated to an “Alamo” of history, a final desert outpost where history has been asked to transcend itself. For architecture’s hoped-for utopia always involves an apocalypse. This timely collection of essays reformulates architecture’s relation to modernity via the operational death-drive: architecture is but a passage between life and death. This collection includes essays by Kazi K. Ashraf, David Bertolini, Simone Brott, Peggy Deamer, Didem Ekici, Paul Emmons, Donald Kunze, Todd McGowan, Gevork Hartoonian, Nadir Lahiji, Erika Naginski, and Dennis Maher. Contents: Introduction: ‘the way things are’, Donald Kunze; Driven into the public: the psychic constitution of space, Todd McGowan; Dead or alive in Joburg, Simone Brott; Building in-between the two deaths: a post mortem manifesto, Nadir Lahiji; Kant, Sade, ethics and architecture, David Bertolini; Post mortem: building deconstruction, Kazi K. Ashraf; The slow-fast architecture of love in the ruins, Donald Kunze; Progress: re-building the ruins of architecture, Gevork Hartoonian; Adrian Stokes: surface suicide, Peggy Deamer; A window to the soul: depth in the early modern section drawing, Paul Emmons; Preliminary thoughts on Piranesi and Vico, Erika Naginski; architectural asceticism and austerity, Didem Ekici; 900 miles to Paradise, and other afterlives of architecture, Dennis Maher; Index.

Preliminary Design and Performance Estimation of Radial Inflow Turbines: An Automated Approach

A comprehensive one-dimensional meanline design approach for radial inflow turbines is described in the present work. An original code was developed in Python that takes a novel approach to the automatic selection of feasible machines based on pre-defined performance or geometry characteristics for a given application. It comprises a brute-force search algorithm that traverses the entire search space based on key non-dimensional parameters and rotational speed. In this study, an in-depth analysis and subsequent implementation of relevant loss models as well as selection criteria for radial inflow turbines is addressed. Comparison with previously published designs, as well as other available codes, showed good agreement. Sample (real and theoretical) test cases were trialed and results showed good agreement when compared to other available codes. The presented approach was found to be valid and the model was found to be a useful tool with regards to the preliminary design and performance estimation of radial inflow turbines, enabling its integration with other thermodynamic cycle analysis and three-dimensional blade design codes.

An update on the Mackay Renewable Biocommodities Pilot Plant : preliminary trial results

THE Mackay Renewable Biocommodities Pilot Plant is a pilot scale facility owned and operated by QUT for research and demonstration of the conversion of lignocellulosic biomass such as sugarcane bagasse into biofuels. The pilot plant accommodates unique state-of-the-art equipment to process a wide range of feedstocks and is strategically located on the site of the Mackay Sugar Ltd Racecourse Mill. Major facilities include a biomass handling system, pre-treatment reactor, saccharification reactor, fermentors, distillation column and bioseparations equipment. This paper provides an update on the design, construction, commissioning and start-up of the facility. In addition, the paper provides results from preliminary facility trials on the pre-treatment of sugarcane bagasse for cellulosic ethanol production.

Contract Law [4th ed.]

The fourth edition of Contract Law provides a comprehensive review of the principles of contract law. Complex topics are explained in a clear and accessible style that and illustrated by succinct cases. This text is also available with a casebook which gives students access to an expanded selection of primary and secondary materials.

Contract Law Case Book [2nd ed.]

This case book contains the essential sections of the most significant cases in Australian contract law. Ready access to this collection of cases enables students to experience the law through the judges’ own words, and to develop the skills of interpreting and analysing cases in order to refine their understanding of the law. Excerpts from important statutes and writings are also included.

Commercial developments in airport precincts : lease and valuation issues : preliminary study

Over the past 30 years the nature of airport precincts has changed significantly from purely aviation services to a full range of retail, commercial, industrial and other non aviation uses. Most major airports in Australia are owned and operated by the private sector but are subject to long term head leases to the Federal Government, with subsequent sub leases in place to users of the land. The lease term available for both aviation and non aviation tenants is subject to the head lease term and in a number of Australian airport locations, these head leases are now two-thirds through their initial 50 year lease term and this is raising a number of issues from a valuation and ongoing development perspective. . For our airport precincts to continue to offer levels of infrastructure and services that are comparable or better than many commercial centres in the same location, policy makers need to understand the impact the uncertainty that exists when the current lease term is nearing expiration, especially in relation to the renewed lease term and rental payments. This paper reviews the changes in airport precinct ownership, management and development in Australia and highlights the valuation and rental assessment issues that are currently facing this property sector.

What’s in a name : Is there a right to terminate a contract for purchase of a unit if the name changes?

The significance of the proposed name of a building to buyers of units off the plan has received recent attention in Queensland and the ACT with differing results. In Gough v South Sky Investments Pty Ltd the Queensland Court of Appeal concluded that the name of the building was not an essential term of the contract and rejected a claim by a number of buyers to terminate their contracts because of the change of name from Oracle to Peppers. In contrast, Rares J in the Federal Court decision of Madison Constructions Pty Ltd v Empire Building Group (ACT) Pty Ltd considered that the name of the building in a proposed development could potentially form the basis of misleading conduct about the association of the seller with a particular development corporation.

Statutory right to rescind contract remained available to buyer subject to specific performance decree

The aftermath of the Queensland floods of January 2011 continues to be played out in the courts. The effect of the floods on such a large scale has awakened the use of some statutory provisions that have not previously been litigated .Section 64 of the Property Law Act 1974 (Qld) is such a section. A version of this provision appears as s 34 of the Sale of Land Act 1982 (Vic). Broadly speaking, these sections permit a buyer of a dwelling house which has been damaged or destroyed between contract and completion to rescind the contract and recover their deposit provided that the rescission notice is given prior to "the date of completion or possession". The Court of Appeal decision of Dunworth v Mirvac Queensland Pty Ltd [2011] QCA 200 appears to be the first litigation upon the application of the section since it came into force in 1975.

Simulation of phosphine flow in vertical grain storage : a preliminary numerical study

To fumigate grain stored in a silo, phosphine gas is distributed by a combination of diffusion and fan-forced advection. This initial study of the problem mainly focuses on the advection, numerically modelled as fluid flow in a porous medium. We find satisfactory agreement between the flow predictions of two Computational Fluid Dynamics packages, Comsol and Fluent. The flow predictions demonstrate that the highest velocity (>0.1 m/s) occurs less than 0.2m from the inlet and reduces drastically over one metre of silo height, with the flow elsewhere less than 0.002 m/s or 1% of the velocity injection. The flow predictions are examined to identify silo regions where phosphine dosage levels are likely to be too low for effective grain fumigation.