Doctrine of Estoppel

The object of every law is to render justice. But sometimes the strict implementation of low may result in injustice. Under such circumstances equity will step in to prevent the injustice. Estoppel is one such concept evolved by equity for rendering justice even deviating from strict legal principles. This study is an analysis of the essence of the principle of estoppel, its scope, circumstances and application. The related principles known as estoppel by record, estoppel by deed, estoppel by representation, promissory estoppel, estoppel against public authority is also considered. Estoppel, originated from the sense of justice, equity and good consciousness has since developed through various judicial pronouncements. Further section 115 of the Evidence Act has statutorily recognized and laid down the principles of estoppel. But Section 115 of the Evidence Act or any other statute does not cover the modern development of estoppel in the form of promissory estoppel.

Freedom of contract and the coexistence of trademark registrations in Colombia

In trademark systems such as the Andean Community, a state authority verifiesthat the marks are distinctive, lawful and do not affect third parties, and after that,given their ownership. In this context, particular interest has sparked the possibilityof individuals by agreements or statements of co-existence, are who ensure that theirsigns meet the conditions for simultaneous registrations.Such agreements for the coexistence of marks are problematic if one thinks thatthe holders of interests that would be available also seem to matter to consumers,competitors and the market. Therefore, define the scope of contractual freedom inthe field of trademark law, whose rules are considered imperative, acquire practicaland theoretical importance because its realization i) recognizes the risks that maybe relevant to evaluating trade agreements and ii) contributes to debates on the roleof private autonomy in areas reserved for non-derogable norms. Thus, this researchputs the declarations of consent for the coexistence of registrations in Colombia, ina larger scope of the limits of freedom of contract.

The impact of contract duration on the cost of cash retention

Cash retention is a common means of protecting an employer from a contractor's insolvency as well as ensuring that contractors finish the work that they start. Similarly, contractors withhold part of payments due to their sub-contractors. Larger contracts tend to be subjected to smaller rates of retention. By calculating the cost of retention as an amount per year of a contract, it is shown that retention is far more expensive for firms whose work consists of short contracts. The extra cost is multiplied when the final payment is delayed, as it often is for those whose work takes place at the beginning of a project. This may explain why it is that main contractors are a lot less interested than sub-contractors in alternatives to cash retention, such as retention bonds

The engineer under FDIC's conditions of contract for construction

FIDIC has over the years produced standard forms of contracts for the international procurement of projects. A source of continuing criticism of its Red Book concerns the duality in the traditional role of the engineer as the employer's agent and as an independent third party holding the balance fairly between the employer and the contractor. In response to this and other criticisms FIDIC produced a replacement for it in 1999. The role of the engineer under the new Red Book is critically examined in the light of relevant case law, expert commentaries and feedback from two multidisciplinary workshops with international participation. The examination identified three major changes: (1) a duty to act impartially has been replaced by a duty to make fair determination of certain matters; (2) it is open to parties to allow greater control of the engineer by the employer by stating in the appropriate part of the contract powers the engineer must not exercise without the employer's approval; (3) there is provision for a Dispute Adjudication Board (DAB) to which disputes may be referred. Although the duality has not been eliminated completely, the contract is structured flexibly enough to support those who wish to contract on the basis of the engineer acting solely as the agent of the employer.

Modelling and Administration of Contract-Based Systems

Mirroring the paper versions exchanged between businesses today, electronic contracts offer the possibility of dynamic, automatic creation and enforcement of restrictions and compulsions on agent behaviour that are designed to ensure business objectives are met. However, where there are many contracts within a particular application, it can be difficult to determine whether the system can reliably fulfil them all; computer-parsable electronic contracts may allow such verification to be automated. In this paper, we describe a conceptual framework and architecture specification in which normative business contracts can be electronically represented, verified, established, renewed, etc. In particular, we aim to allow systems containing multiple contracts to be checked for conflicts and violations of business objectives. We illustrate the framework and architecture with an aerospace example.

Monitoring and Explanation of Contract Execution: A Case Study in the Aerospace Domain

In the domain of aerospace aftermarkets, which often has long supply chains that feed into the maintenance of aircraft, contracts are used to establish agreements between aircraft operators and maintenance suppliers. However, violations at the bottom of the supply chain (part suppliers) can easily cascade to the top (aircraft operators), making it difficult to determine the source of the violation, and seek to address it. In this context, we have developed a global monitoring architecture that ensures the detection of norm violations and generates explanations for the origin of violations. In this paper, we describe the implementation and deployment of a global monitor in the aerospace domain of [8] and show how it generates explanations for violations within the maintenance supply chain. We show how these explanations can be used not only to detect violations at runtime, but also to uncover potential problems in contracts before their deployment, thus improving them.

The Catholic Doctrine of Transubstantiation: An Exposition and Defense

The purpose of this thesis is to offer both an exposition and defense for the Catholic Church's traditional understanding of eucharistic transubstantiation. I hope to show how a belief in such a doctrine is in no way irrational nor is it indefensible; butinstead, the doctrine of transubstantiation makes sense when it is viewed in light of what Catholic Christians believe about who the human being is, what the human desires, and the special way in which God personally works in human history. The method I am following investigates how the doctrine of transubstantiation coheres with and follows the other beliefs that Catholics hold; that is, beginning with certain presuppositions, there is a certain rational progression to the Catholic understanding of real presence.

Plato's Doctrine Of Forms: Modern Misunderstandings

Among the philosophical ideas of Plato, perhaps the most famous is his doctrine of forms. This doctrine has faced harsh criticism due, in large part, to the interpretations of this position by modern philosophers such as René Descartes, John Locke, and Immanuel Kant. For example, Plato has been interpreted as presenting a ¿two-worlds¿ approach to form and thing and as advancing a rationalist approach to epistemology. His forms have often been interpreted as ideas and as perfect copies of the things of the visible world. In this thesis, I argue that these, along with other interpretations of Plato presented by the moderns, are based on misunderstandings of Plato¿s overall philosophy. In so doing, I attempt to show that the doctrine of forms cannot be directly interpreted into the language of Cartesian, Lockean, and Kantian metaphysics and epistemology, and thus should not be prematurely dismissed because of these modern Platonic interpretations. By analyzing the Platonic dialogues beside the writings of the modern philosophers, I conclude that three of the most prominent modern philosophers, as representatives of their respective philosophical frameworks, have fundamentally misunderstood the nature of Plato¿s famous doctrine of forms. This could have significant implications for the future of metaphysics and epistemology by providing an interpretation of Plato which adds to, instead of contradicts, the developments of modern philosophy.

A critical history of the doctrine of a future life in Israel, in Judaism, and in Christianity or Hebrew, Jewish, and Christian eschatlology from pre-prophetic times till the close of the New Testament Canon, being the first Jowett lectures delivered in 1898-99

R. H. Charles

Schleiermacher's Doctrine of Biblical Authority: An Alternative to Content-Based/Supernaturalist and Function-Based Rationalist Models

Author: Kerry W. Holton Title: SCHLEIERMACHER’S DOCTRINE OF BIBLICAL AUTHORITY: AN ALTERNATIVE TO CONTENT-BASED/SUPERNATURALIST AND FUNCTION- BASED/RATIONALIST MODELS Advisor: Theodore M. Vial, Jr. Degree Date: August 2015 This dissertation examines Friedrich Schleiermacher’s understanding of biblical authority and argues that, as an alternative to strictly supernaturalistic and rationalistic models, his understanding allows the New Testament to speak authoritatively in Christian religion in an age of critical, historical awareness. After classifying Schleiermacher’s position in a typology of the doctrine of biblical authority, this dissertation explores his conception of divine revelation and inspiration vis-à-vis scripture. It demonstrates that although he did not believe there is warrant for the claim of a direct connection between divine revelation and scripture, or that scripture is the foundation of faith, he nonetheless asserted that the New Testament is authoritative. He asserted the normative authority of the New Testament on the basis that it is the first presentation of Christian faith. This dissertation examines Schleiermacher’s “canon within the canon,” as well as his denial that the Old Testament shares the same normative worth and inspiration of the New. Although this dissertation finds difficulty with some of Schleiermacher’s views regarding the Old Testament, it names two significant strengths of what is identified as his evangelical, content-based, and rationalist approach to biblical authority. First, it recognizes and values the co-presence and co-activity of the supernatural and the natural !ii in the production of the New Testament canon. This allows both scripture and the church to share religious authority. Second, it allows Christian faith and the historical-method to coexist, as it does not require people to contradict what they know to be the case about science, history, and philosophy. Thus, this dissertation asserts that Schleiermacher’s understanding of biblical authority is a robust one, since, for him, the authority of scripture does not lie in some property of the texts themselves that historians or unbelievers can take away.

Memorandum of contract with carpenters, Moore, and others, [ca. 1814]

Estimate for $5942.68 for the completion of the interior fixtures of University Hall including folding doors, pew arrangement in the chapel, and architraves to doors, windows, and fireplaces.