925 resultados para Doctrine of privity of contract
A aula de educação musical : pedagogias diferentes conduzem a diferentes resultados na aprendizagem?
Resumo:
Sendo professor de Educação Musical no ensino básico, decidi realizar o presente trabalho com o objetivo de averiguar se, para o universo de alunos indicado, é mais vantajoso trabalhar a partir das propostas pedagógicas de Edwin Gordon, que se baseiam no conceito de audiação como forma de levar o aluno a compreender a música (audiação é a capacidade de ouvirmos e compreendermos sons que podem estar, ou não, fisicamente presentes), ou nos ensinamentos de Jos Wuytack, que defende a utilização de técnicas de imitação nas fases iniciais de ensino da música a jovens. Tendo esta investigação sido realizada ao longo de um semestre letivo, não seria adequado nem possível aplicar extensivamente todas as propostas dos pedagogos referidos. Como tal, os trabalhos aqui apresentados foram limitados aos conceitos que considerei mais adequados para o tempo e para os objetivos definidos para o nível de ensino aqui em estudo. Foram trabalhadas as audiações números um, dois e quatro, por um lado, e, por outro, as técnicas de imitação melódica e rítmica. Foi feita uma avaliação contínua da evolução de cada aluno, como forma de estabelecer um padrão de desenvolvimento que permitisse concluir qual das duas metodologias de ensino da música a jovens se revelou mais adequada na globalidade e qual a que produziu melhores resultados no que diz respeito à melhoria da afinação vocal, do conhecimento das notas musicais, do rigor rítmico e da dedilhação na flauta de bisel. Os resultados obtidos não nos permitiram retirar nenhuma conclusão definitiva.
Resumo:
La agenda internacional de Colombia, durante los siete años de Uribe, se ha securitizado y terrorizado en el ámbito temático y se ha concentrado y bilateralizado en Estados Unidos desde un punto de vista geográfico. En consecuencia, ni Latinoamérica ni Europa han merecido la atención de otros tiempos. Por ello, se califica la actual política exterior de Colombia, que determina hoy las estrategias de integración de Colombia, de neo Respice Polum (mirar al polo).
Resumo:
The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross-section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry.
Resumo:
An international survey of clients, consultants and contractors produced wide-ranging data on the views of users of the FIDIC form of contract. The purpose of the survey was to elicit views on a range of issues, prior to revising the model form, to ensure that the contract drafters produce a form that is satisfactory for its users. Those questions that focus upon the role of the engineer have been subjected to detailed statistical analysis. The analysis shows that, contrary to popular belief, the views of contract users from common law jurisdictions do not differ from those in civil code jurisdictions. The engineer’s role is not generally perceived as neutral in the contractual relationships between clients and contractors. Contractors would prefer someone other than the engineer to be the first-line settler of disputes in contracts.
Resumo:
This book is aimed primarily at students for whom the study of building or civil engineering contracts forms part of a construction-based course. We have had in mind the syllabus requirements for first degrees in Building, Civil Engineering, Architecture, Quantity Surveying and Building Surveying, as well as those of postgraduate courses in Construction Management and Project Management. We have also assumed that such students will already have been introduced to the general principles of English law, especially those relating to contract and tort. As a result, while aspects of those subjects that are of particular relevance to construction are dealt with here, the reader must look elsewhere for the general legal background. In producing this third edition, we have again been greatly assisted by the many helpful comments made by reviewers and users of its predecessor. Nonetheless, our basic aim is identical to that which underpinned the first edition: to provide an explanation of the fundamental principles of construction contract law, rather than a clause-by-clause analysis of any particular standard-form contract. As a result, while we draw most frequently upon JCT 98 for our illustrations of particular points, this merely reflects the pre-eminent position occupied by that particular form of contract in the UK construction industry. We conclude by repeating our previous warning as to the dangers inherent in a little learning. Neither this book, nor the courses for which it is intended, seek to produce construction lawyers. The objective is rather to enable those who are not lawyers to resolve simple construction disputes before they become litigious, and to recognize when matters require professional legal advice. It should be the aim of every construction student to understand the legal framework sufficiently that they can instruct and brief specialist lawyers, and this book is designed to help them towards that understanding.
Resumo:
In developing techniques for monitoring the costs associated with different procurement routes, the central task is disentangling the various project costs incurred by organizations taking part in construction projects. While all firms are familiar with the need to analyse their own costs, it is unusual to apply the same kind of analysis to projects. The purpose of this research is to examine the claims that new ways of working such as strategic alliancing and partnering bring positive business benefits. This requires that costs associated with marketing, estimating, pricing, negotiation of terms, monitoring of performance and enforcement of contract are collected for a cross-section of projects under differing arrangements, and from those in the supply chain from clients to consultants, contractors, sub-contractors and suppliers. Collaboration with industrial partners forms the basis for developing a research instrument, based on time sheets, which will be relevant for all those taking part in the work. The signs are that costs associated with tendering are highly variable, 1-15%, depending upon what precisely is taken into account. The research to date reveals that there are mechanisms for measuring the costs of transactions and these will generate useful data for subsequent analysis.
Resumo:
In developing techniques for monitoring the costs associated with different procurement routes, the central task is disentangling the various project costs incurred by organizations taking part in construction projects. While all firms are familiar with the need to analyse their own costs, it is unusual to apply the same kind of analysis to projects. The purpose of this research is to examine the claims that new, ways of working such as strategic alliancing and partnering bring positive business benefits. This requires that costs associated with marketing, estimating, pricing, negotiation of terms, monitoring of performance and enforcement of contract are collected for a cross-section of projects under differing arrangements, and from those in the supply, chain from clients to consultants, contractors, subcontractors and suppliers. Collaboration with industrial partners forms the basis for developing a research instrument, bused on time sheets, which will be relevant for all those taking part in the work. The signs are that costs associated with,with tendering are highly variable, 1-15%, depending upon what precisely, is taken into account. The research to date reveals that there are mechanisms for measuring the costs of transactions and these will generate useful data for subsequent analysis.
Resumo:
The doctrine of joint criminal enterprise is in disarray. Despite repeated judicial scrutiny at the highest level, the doctrine's scope, proper doctrinal basis and function in relation to other modes of complicity remain uncertain. This article examines the doctrine's elements and underlying principles. It argues that while joint criminal enterprise is largely used to make individuals liable for offences committed by their associates in excess of the common criminal purpose, its proper function is to police the limits of associate liability and thus to exculpate rather than inculpate. The doctrine governs not only instances of accessorial liability; it also applies where the parties involved are joint principal offenders. As this puts into question the prevalent view that joint criminal enterprise is a form of secondary participation that results in accessorial liability, the article concludes that it is best seen as a doctrine sui generis.
Resumo:
Purpose – This paper seeks to summarise the main research findings from a detailed, qualitative set of structured interviews and case studies of Real Estate Partnership (REP) schemes in the UK, which involve the construction of built facilities. The research, which was funded by the Foundation for the Built Environment, examines the evolution of REPs in the UK and in Europe. The paper also aims to analyse best practice, critical factors for success, and lessons for the future. Design/methodology/approach – The research in this paper is based around ten semi-structured interviews conducted with senior representatives from corporate occupiers, property consultants, legal practices and REP service providers. Findings – The research in the paper demonstrates that REPs are particularly suited to the UK, where lease lengths are relatively long, and the level of corporate real estate owner-occupation is often higher than elsewhere. It also shows that further research is needed to examine the future shape and form of the UK REP market. Research limitations/implications – The paper is based on a limited number of in-depth case study interviews. The paper shows that further research is needed to find better ways to examine REPs empirically. Practical implications – The paper is important in highlighting a number of main issues in developing REPs: identifying with occupier's objectives; risk transfer and size of contract; and developing appropriate innovation and skills. Originality/value – The paper examines the drivers, barriers and critical success factors (at strategic and operational levels) for REPs in the UK in detail and will be of value to property managers, facilities managers, investors, financiers, and others involved in the REP process.
Resumo:
The rules and the principles of the common law are formed from the cases decided in courts of common law. The unique nature of the evolution of the common law has long been the subject of study. Less frequently studied has been the impact of procedure upon the development of substantive law. This paper examines how the procedures applicable to the trial of a case can affect the substance of the resulting decision. The focus of the examination is the decision in Bell v Lever Bros [1932] AC 161. While the case has long been regarded as a leading, albeit confusing, contract law case it is also greatly concerned with the conduct of litigation. This paper argues that the substantive decision was largely determined by the civil procedure available. Different rules of civil procedure, it is suggested, would have resulted in a better decision in the English law of contract.
Resumo:
In a series of recent cases, courts have reasserted unconscionability as the basis of proprietary estoppel and in doing so have moved away from the structured form of discretion envisaged in the classic Taylors Fashions formula. In light of these developments, this paper traces the use of unconscionability in estoppel and examines the changing role attributed to the concept. In a parallel development, in exercising their remedial discretion once a claim to estoppel has been established, the courts have emphasised the foundation of estoppel in unconscionability to assert the need for proportionality between the detriment and remedy as ‘the most essential requirement’. Collectively, the cases demonstrate a lack of transparency or consistency, which raises concerns that the courts are descending into a form of individualised discretion. These developments are of particular concern as they come at a time when commentators are predicting a ‘boom’ in estoppel to follow the introduction of electronic conveyancing.
Resumo:
Recent research on the Reformation has been concerned with the process by which lay people acquired a religious identity, whether it began merely as an act of political obedience or by a sudden ‘conversion’ to new doctrines. Confessional politics made it imperative for rulers to try to control the religious allegiances of their people, but the doctrine of conversion (as a spiritual change) made this theoretically impossible. Instead, a ‘culture of persuasion’ developed by which clerical and secular rulers sought to persuade their people to accept teachings authorized by the state. The possibility of religious dissent, of converting away from the state-sanctioned denomination, made conversion an issue whose importance was far greater than the actual number of converts. The study of confessionalism and conversion emphasises two theses fundamental to Reformation studies: that the era produced radical changes in the ways that people thought about their personal and communal identities, and that it made individuals’ religious choices the urgent concern of their governors.
Resumo:
Distributed systems comprised of autonomous self-interested entities require some sort of control mechanism to ensure the predictability of the interactions that drive them. This is certainly true in the aerospace domain, where manufacturers, suppliers and operators must coordinate their activities to maximise safety and profit, for example. To address this need, the notion of norms has been proposed which, when incorporated into formal electronic documents, allow for the specification and deployment of contract-driven systems. In this context, we describe the CONTRACT framework and architecture for exactly this purpose, and describe a concrete instantiation of this architecture as a prototype system applied to an aerospace aftercare scenario.
Resumo:
O modelo da carreira sem fronteiras, que prevê o desenvolvimento de uma relação independente e transacional entre organização e indivíduo, constitui o objeto de estudo deste trabalho. A partir do questionamento teórico da possibilidade real do desenvolvimento de carreiras sem fronteiras, uma pesquisa foi realizada com 16 professores de diferentes Escolas de Administração de Empresas em São Paulo. Os resultados mostram que a carreira acadêmica tem potencial para ser desenvolvida como carreira sem fronteiras. No entanto, os fatores que propiciam a mobilidade para o desenvolvimento de carreiras sem fronteiras podem ser muito distintos, e dependem do tipo de vínculo estabelecido entre o docente e a instituição. Dessa maneira, embora o modelo da carreira sem fronteiras possa ser vivenciado na carreira acadêmica, isso não significa que seja um bom modelo ou o modelo pretendido por aqueles que a vivenciam e também não significa que seja adaptável ao contexto organizacional.