813 resultados para Contractual party


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Pauline Hanson's One Nation Party (PHONP) held an extraordinary place in the Australian and international media from March 1996, when Hanson was elected to the House of Representatives. Hanson's role as a charismatic leader idolised by supporters is unprecedented in postwar Australian politics and the leader and the party were totally identified, with Hanson's name incorporated into that of the organisation when PHONP won 11 of the 89 seats in the Queensland Legislative Assembly in June 1998.

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Research on political parties has long identified “environmental” pressures upon parties to undertake organisational and programmatic reforms – this applies in particular to “catch-all” parties or Volksparteien. Changed social and media structures, the decline of organisations traditionally associated with the parties, and the growth in alternative possibilities of political participation create significant organisational – as well as programmatic – challenges. This paper compares the German CDU and the British Conservatives in two respects: in particular it focuses on their organisational responses to the election defeats they suffered at the end of the 1990s, examining those reforms which took place and consider whether these match the expectations of organisational reforms anticipated by proponents of the “cartel party thesis”. While in both cases there are similarities, but (in particular in the German case) it is important not to understate the extent of internal party resistance to reform, and thus the difficulties with which aspiring party reformers are confronted. This conclusion suggests, more broadly, that in reality the process of party change is more than an almost automatic, isomorphic, and inevitable response to a changing environment. Rather it is punctuated, messy, and often contingent on events and agents.

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Several parties (stakeholders) are involved in a construction project. The conventional Risk Management Process (RMP) manages risks from a single party perspective, which does not give adequate consideration to the needs of others. The objective of multi-party risk management is to assist decision-makers in managing risk systematically and most efficiently in a multi-party environment. Multi-party Risk Management Processes (MRMP) consist of risk identification, structuring, analysis and developing responses from all party perspectives. The MRMP has been applied to a cement plant construction project in Thailand to demonstrate its effectiveness.

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In 1993 Leggatt L.J. said in Abu Dhabi National Tanker Co. v. Product Star Shipping Ltd. (The Product Star) [1993] 1 Lloyds Rep. 397, 404: Where A and B contract with each other to confer a discretion on A, that does not render B subject to A’s uninhibited whim. In my judgment, the authorities show that not only must the discretion be exercised honestly and in good faith, but, having regard to the provisions of the contract by which it is conferred, it must not be exercised arbitrarily, capriciously or unreasonably.

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Analyses how to calculate damages for the loss of an opportunity by reason of a breach of contract, in the light of the House of Lords judgment in Gregg v Scott concerning clinical negligence. Discusses whether different principles apply to contract claims and torts.

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This paper considers the role of opportunism in three contractual theories of the firm: rent-seeking theory, property rights theory, and agency theory. In each case I examine whether it is possible to have a functioning contractual theory of the firm without recourse to opportunism. Without opportunism firms may still exist as a result of issues arising from (incomplete) contracting. Far from posing a problem for the theory of the firm, questioning the role of opportunism and the ubiquity of the hold-up problem helps us understand more about the purpose and functions of contracts which go beyond mere incentive alignment.

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In the first of a three-part article, the writers consider the extent to which the contractual termination of a lease by frustration and acceptance of a repudiatory breach has been accepted in Commonwealth case law, notably Canada, the United States and Australia.

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In the second part of this article, the writers examine how far the English courts have acknowledged the application of the doctrine of frustration and acceptance of repudiation in the leasehold context.