974 resultados para nature and quantum of damages


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The rationale underlying the fixtures and accession presumptions is the need to protect the value of the chattel as well as the need to protect third-party interests. The destruction of the independent legal status of an attached chattel is generally deemed appropriate where the value of the co-mingled asset will be diminished if the chattel retains a separate legal title and this would generate unfairness because third parties have dealt with the co-mingled asset on the basis of its overall value. Rights to remove have evolved under both common law and equity to moderate the scope of these presumptions. Common law will uphold the right of a tenant to remove chattels that have been attached to leased premises during the currency of the lease. Equity on the other hand will uphold the right to remove affixed chattels in circumstances where the enforcement of such an entitlement is consistent with contractual intention and transactional fairness. This article examines the different rights of removal that have evolved under Australian law to date and the emergent statutory framework supporting these rights. It discusses the historical purpose and structural utility of these entitlements within a land framework that supports fixtures presumptions. Rights of removal, whether validated at law or in equity, confer positive entitlements upon the holder to access and remove affixed goods in circumstances where, because of the fixtures and accession presumptions, those goods no longer retain any separate legal status. The capacity of the holder to enforce this right against third parties is illustrative of their distinctive proprietary perspective.

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This paper focuses on the assessment of student teachers during practicum. The study is contextualised in an Australian pre-service teacher education program in which practicum has been reconceptualised to help bridge the theory–practice gap commonly associated with “front-end loading” programs. Survey and interview data collected from student teachers and supervising teachers point to what participants perceive as disparate understandings between university and school staff about the nature and role of assessment and suggest that this lack of common understanding adversely affects students’ experiences of assessment.

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This paper focuses on the assessment of student teachers during practicum. The study is contextualised in an Australian pre-service teacher education program in which practicum has been reconceptualised to help bridge the theory-practice gap commonly associated with “front-end loading” programs. Survey and interview data collected from student teachers and supervising teachers point to what participants perceive as disparate understandings between university and school staff about the nature and role of assessment and suggest that this lack of common understanding adversely affects students’ experiences of assessment. While contextualised in teacher education, these findings have applicability to other tertiary programs for the professions. The study’s conclusions are threefold: the importance of establishing and sustaining effective university-school partnerships is paramount; there is a clearly identified need for shared stakeholder understandings about practicum assessment; and disregarding failed or diminished partnerships jeopardises student learning.

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Background: Medication safety is of increasing importance and understanding the nature and frequency of medication errors in the Emergency Department (ED) will assist in tailoring interventions which will make patient care safer. The challenge with the literature to date is the wide variability in the frequency of errors reported and the reliance on incident reporting practices of busy ED staff. Methods: A prospective, exploratory descriptive design using point prevalence surveys was used to establish the frequency of observed medication errors in the ED. In addition, data related to contextual factors such as ED patients, staffing and workload were also collected during the point prevalence surveys to enable the analysis of relationships between the frequency and nature of specific error types and patient and ED characteristics at the time of data collection. Results: A total of 172 patients were included in the study: 125 of whom patients had a medication chart. The prevalence of medication errors in the ED studied was 41.2% for failure to apply patient ID bands, 12.2% for failure to document allergy status and 38.4% for errors of omission. The proportion of older patients in the ED did not affect the frequency of medication errors. There was a relationship between high numbers of ATS 1, 2 and 3 patients (indicating high levels of clinical urgency) and increased rates of failure to document allergy status. Medication errors were affected by ED occupancy, when cubicles in the ED were over 50% occupied, medication errors occurred more frequently. ED staffing affects the frequency of medication errors, there was an increase in failure to apply ID bands and errors of omission when there were unfilled nursing deficits and lower levels of senior medical staff were associated with increased errors of omission. Conclusions: Medication errors related to patient identification, allergy status and medication omissions occur more frequently in the ED when the ED is busy, has sicker patients and when the staffing is not at the minimum required staffing levels.

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Includes bibliography

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Die Ränder des Labrador Meeres wurden während des späten Neoproterozoikums intensiv von karbonatreichen silikatischen Schmelzen durchsetzt. Diese Schmelzen bildeted sich bei Drucken zwischen ca. 4-6 GPa (ca. 120-180 km Tiefe) an der Basis der kontinentalen Mantel-Lithosphäre. Diese Magmengenerierung steht in zeitlichem und räumlichem Zusammenhang mit kontinentalen Extensionsprozessen, welche zu beiden Seiten des sich öffnenden Iapetus-Ozeans auftraten.

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One important metaphor, referred to biological theories, used to investigate on organizational and business strategy issues is the metaphor about heredity; an area requiring further investigation is the extent to which the characteristics of blueprints inherited from the parent, helps in explaining subsequent development of the spawned ventures. In order to shed a light on the tension between inherited patterns and the new trajectory that may characterize spawned ventures’ development we propose a model aimed at investigating which blueprints elements might exert an effect on business model design choices and to which extent their persistence (or abandonment) determines subsequent business model innovation. Under the assumption that academic and corporate institutions transmit different genes to their spin-offs, we hence expect to have heterogeneity in elements that affect business model design choices and its subsequent evolution. This is the reason why we carry on a twofold analysis in the biotech (meta)industry: under a multiple-case research design, business model and especially its fundamental design elements and themes scholars individuated to decompose the construct, have been thoroughly analysed. Our purpose is to isolate the dimensions of business model that may have been the object of legacy and the ones along which an experimentation and learning process is more likely to happen, bearing in mind that differences between academic and corporate might not be that evident as expected, especially considering that business model innovation may occur.

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The goal of my research is to examine in detail the impact of the increase in Sino-African trade on African political and economic development. The primary focus will be on two central aspects of Sino-African trade: the effects of China’s natural resource binge coupled with the flood of textiles and other manufactured goods from China to Africa. This thesis will determine the precise nature and extent ofSino-African trade in these sectors and will attempt to determine whether or not Chinese trade is having a net positive impact on long-term African economic development. I will investigate this issue from numerous perspectives using English, Chinese, and African sources.

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Introduction. – Attitude toward nature and attitude toward environmental protection are two separate but correlated attitudes. Little is known about the two attitudes’ stability/volatility over time, despite the practical value of such knowledge. Objectives & method. – Using longitudinal survey data from 251 adults in a cross-lagged structural equation model, we assessed the degree of spontaneous (i.e., unprompted) change in the two attitudes. We also considered whether such change could provide evidence regarding causal direction; causation could go in either of two directions between the two attitudes, or it could even be bi-directional. Results. – We corroborated the substantive connection between attitude toward nature and attitude toward environmental protection; however, the absence of change in the attitudes despite the passage of two years disallows reliable statements about causal direction. Conclusion. – It is possible to protect the environment by encouraging appreciation of nature, but change in attitude toward nature and attitude toward environmental protection may be difficult to achieve with mature individuals.