An agreement to negotiate a contract in good faith: No legal content and too uncertain for enforcement

The decision of Baldwin v Icon Energy Ltd [2015] QSC 12 is generally instructive upon the issue of the minimum required to enforce an agreement to negotiate .The language of these agreements is always couched in terms which include the expressions “good faith” and “reasonable endeavours” as descriptive of the yardstick of behaviour of each party in the intended negotiation to follow such an agreement. However, the mere statement of these intended characteristics of negotiation may not be sufficient to ensure that the agreement to negotiate is enforceable.

Caught in the act of collaboration: Students’ experiences of collective learning within a real-world design studio context

This study is an evaluation of design students’ perceptions of the benefits of collective learning in a real-world collaborative design studio. Third year students worked in inter-disciplinary teams representing architecture, interior design, landscape architecture, and industrial design. Responding to a real-world brief and in consultation with an industry partner client and early childhood education pre-service teachers, the teams were required to collectively propose a design response for a community-based child and family centre, on an iconic koala sanctuary site. Data were collected using several methods including a participatory action research method, through the form of a large analogue, collaborative jigsaw puzzle. Using a grounded theory methodology, qualitative data were thematically analysed to reveal six distinct aspects of collaboration, which positively impacted the students’ learning experience. The results of this study include recommendations for improving real world collaboration in the design studio in preparation for students’ transition into professional practice.

Agreement between physiotherapists rating scapular posture in multiple planes in patients with neck pain: Reliability study

Objective Evaluation of scapular posture is an integral component of the clinical assessment of painful neck disorders. The aim of this study was to evaluate agreement between therapist judgements of scapula posture in multiple biomechanical planes in individuals with neck pain. Design Inter-therapist reliability study. Setting Research laboratory. Participants Fifteen participants with chronic neck pain. Main outcome measures Four physiotherapists recorded ratings of scapular orientation (relative to the thorax) in five different scapula postural planes (plane of scapula, sagittal plane, transverse plane, horizontal plane, and vertical plane) under four test conditions (at rest, and during three isometric shoulder conditions) in all participants. Inter-therapist reliability was expressed using both generalized and paired kappa coefficient. Results Following adjustment for expected agreement and the high prevalence of neutral ratings (81%), on average both the generalised kappa (0.37) as well as Cohen's Kappa for the two therapist pairs (0.45 and 0.42) demonstrated only slight to moderate inter-therapist reliability. Conclusions The findings suggest that ratings of scapular posture in individuals with neck pain by visual inspection has only slight to moderate reliability and should only be used in conjunction with other clinical tests when judging scapula function in these patients.

Ion conductance in electrolyte solutions

We develop a new theoretical formulation to study ion conductance in electrolyte solutions, based on a mode coupling theory treatment of the electrolyte friction. The new theory provides expressions for both the ion atmosphere relaxation and electrophoretic contributions to the total electrolyte friction that acts on a moving ion. While the ion atmosphere relaxation term arises from the time-dependent microscopic interaction of the moving ion with the surrounding ions in the solution, the electrophoretic term originates from the coupling of the ion's velocity to the collective current mode of the ion atmosphere. Mode coupling theory, combined with time-dependent density functional theory of ion atmosphere fluctuations, leads to self-consistent expressions for these two terms which also include the effects of self-motion of the ion under consideration. These expressions have been solved for the concentration dependence of electrolyte friction and ion conductance. It is shown that in the limit of very low ion concentration, the present theory correctly reduces to the well-known Debye-Huckel-Onsager limiting law which predicts a linear dependence of conductance on the square root of ion concentration (c). At moderate and high concentrations, the present theory predicts a significant nonlinear and weaker dependence on root c which is in very good agreement with experimental results. The present theory is self-contained and does not involve any adjustable parameter.

Agreement Patterns in English : Diachronic Corpus Studies on Common-Number Pronouns

This study reports a diachronic corpus investigation of common-number pronouns used to convey unknown or otherwise unspecified reference. The study charts agreement patterns in these pronouns in various diachronic and synchronic corpora. The objective is to provide base-line data on variant frequencies and distributions in the history of English, as there are no previous systematic corpus-based observations on this topic. This study seeks to answer the questions of how pronoun use is linked with the overall typological development in English and how their diachronic evolution is embedded in the linguistic and social structures in which they are used. The theoretical framework draws on corpus linguistics and historical sociolinguistics, grammaticalisation, diachronic typology, and multivariate analysis of modelling sociolinguistic variation. The method employs quantitative corpus analyses from two main electronic corpora, one from Modern English and the other from Present-day English. The Modern English material is the Corpus of Early English Correspondence, and the time frame covered is 1500-1800. The written component of the British National Corpus is used in the Present-day English investigations. In addition, the study draws supplementary data from other electronic corpora. The material is used to compare the frequencies and distributions of common-number pronouns between these two time periods. The study limits the common-number uses to two subsystems, one anaphoric to grammatically singular antecedents and one cataphoric, in which the pronoun is followed by a relative clause. Various statistical tools are used to process the data, ranging from cross-tabulations to multivariate VARBRUL analyses in which the effects of sociolinguistic and systemic parameters are assessed to model their impact on the dependent variable. This study shows how one pronoun type has extended its uses in both subsystems, an increase linked with grammaticalisation and the changes in other pronouns in English through the centuries. The variationist sociolinguistic analysis charts how grammaticalisation in the subsystems is embedded in the linguistic and social structures in which the pronouns are used. The study suggests a scale of two statistical generalisations of various sociolinguistic factors which contribute to grammaticalisation and its embedding at various stages of the process.

Nuclear power and Japan's collective future: Understanding beliefs about how nuclear policies will affect society

Despite ongoing controversies regarding possible directions for the nuclear plants program throughout Japan since the Fukushima disaster, little has been researched about people's belief structure about future society and what may affect their attitudes toward different policy options. Beyond policy debates, the present study focused on how people see a future society according to the assumptions of different policy options. A total of 125 students at Japanese universities were asked to compare a future society with society today in which one of alternative policies was adopted (i.e., shutdown or expansion of nuclear reactors) in terms of characteristics of individuals and society in general. While perceived dangerousness of nuclear power predicted attitudes and behavioural intentions to make personal sacrifices for nuclear power policies, beliefs about the social consequences of the policies, especially on economic development and dysfunction, appeared to play stronger roles in predicting those measures. The importance of sociological dimensions in understanding how people perceive the future of society regarding alternative nuclear power policies, and the subtle discrepancies between attitudes and behavioural intentions, are discussed.

Fundamental Principles and Rights At Work: Value, Viability, Incidence and Importance as Elements For Economic Progress and Social Justice

Working Paper prepared for the ILO by Maria Luz Vega Ruiz and Daniel Martinez, focusing on the rights at work in Latin America and the Caribbean.