Beyond Bryan: Builders' liability and pure economic loss

In Bryan v Maloney, the High Court extended a builder’s duty of care to encompass a liability in negligence for the pure economic loss sustained by a subsequent purchaser of a residential dwelling as a result of latent defects in the building’s construction. Recently, in Woolcock Street Investments Pty Ltd v CDG Pty Ltd, the Court refused to extend this liability to defects in commercial premises. The decision therefore provides an opportunity to re-examine the rationale and policy behind current jurisprudence governing builders’ liability for pure economic loss. In doing so, this article considers the principles relevant to the determination of a duty of care generally and whether the differences between purchasers of residential and commercial properties are as great as the case law suggests

Achieving service quality through service innovation exploration-exploitation: The critical role of employee empowerment and slack resources

Purpose This study investigates the effects of service innovation exploration-exploitation on financial performance through the delivery of quality services. Additional emphasis is also given to examining the extent to which employee empowerment and slack resources enhance or suppress the performance benefits of service firms engaging in service innovation exploration versus exploitation. Design/methodology/approach Data were drawn from a multi-informant survey of service firms using a drop-and-collect approach. The survey gathered data from managers, customer service employees and customers to test the hypotheses. Findings The results show that excelling at both exploitative and exploratory innovation helps enhance the quality of services, which in turn yield superior financial performance. Further, empowering employees enhances the relationship between exploratory and exploitative service innovation and service quality. We also show that the extent managers’ perceived their market to be competitive influences in the pursuit of high levels of both service innovation exploration and exploitation and that this relationship is impacted by the extent they believe they have available slack resources. Practical implications The findings suggest that service firms need to pursue both exploitation and exploration at high levels simultaneously and empower their employees to stay ahead of competitors in delivering quality services, which ultimately contribute to the achievement of superior financial outcomes. Also, the findings highlight the importance of employee empowerment, market competitiveness and slack resources in the pursuit of high levels of both service innovation exploration and exploitation. Originality/value These findings and our theory indicate that this study is the first to empirically examine organizational ambidexterity in the context of service innovation exploration – exploitation adopting the principles of combined and balanced innovation. The study provides insights into the critical role of customers’ perceptions of service quality in contributing to firms’ financial performance. Our insights are unique in that the study incorporates managers, employees and customers in an integrated service innovation model.

New computational approaches for wrinkled and slack membranes

The static response of thin, wrinkled membranes is studied using both a tension field approximation based on plane stress conditions and a 3D nonlinear elasticityformulation, discretized through 8-noded Cosserat point elements. While the tension field approach only obtains the wrinkled/slack regions and at best a measure of the extent of wrinkliness, the 3D elasticity solution provides, in principle, the deformed shape of a wrinkled/slack membrane. However, since membranes barely resist compression, the discretized and linearized system equations via both the approaches are ill-conditioned and solutions could thus be sensitive to discretizations errors as well as other sources of noises/imperfections. We propose a regularized, pseudo-dynamical recursion scheme that provides a sequence of updates, which are almost insensitive to theregularizing term as well as the time step size used for integrating the pseudo-dynamical form. This is borne out through several numerical examples wherein the relative performance of the proposed recursion scheme vis-a-vis a regularized Newton strategy is compared. The pseudo-time marching strategy, when implemented using 3D Cosserat point elements, also provides a computationally cheaper, numerically accurate and simpler alternative to that using geometrically exact shell theories for computing large deformations of membranes in the presence of wrinkles. (C) 2010 Elsevier Ltd. All rights reserved.

Wrinkled and slack membranes: nonlinear 3D elasticity solutions via smooth DMS-FEM and experiment

The smooth DMS-FEM, recently proposed by the authors, is extended and applied to the geometrically nonlinear and ill-posed problem of a deformed and wrinkled/slack membrane. A key feature of this work is that three-dimensional nonlinear elasticity equations corresponding to linear momentum balance, without any dimensional reduction and the associated approximations, directly serve as the membrane governing equations. Domain discretization is performed with triangular prism elements and the higher order (C1 or more) interelement continuity of the shape functions ensures that the errors arising from possible jumps in the first derivatives of the conventional C0 shape functions do not propagate because the ill-conditioned tangent stiffness matrices are iteratively inverted. The present scheme employs no regularization and exhibits little sensitivity to h-refinement. Although the numerically computed deformed membrane profiles do show some sensitivity to initial imperfections (nonplanarity) in the membrane profile needed to initiate transverse deformations, the overall patterns of the wrinkles and the deformed shapes appear to be less so. Finally, the deformed profiles, computed through the DMS FEM-based weak formulation, are compared with those obtained through an experiment on an ultrathin Kapton membrane, wherein wrinkles form because of the applied boundary displacement conditions. Comparisons with a reported experiment on a rectangular membrane are also provided. These exercises lend credence to the feasibility of the DMS FEM-based numerical route to computing post-wrinkled membrane shapes. Copyright (c) 2012 John Wiley & Sons, Ltd.

Nonlinear Dynamic Responses of Tension Leg Platform with Slack-Taut Tether

The slack-taut state of tether is a particular Averse circumstance, which may influence the normal operation stale of tension leg platform (TLP). The dynamic responses of TLP with slack-taut tether are studied with consideration of several nonlinear factors introduced by large amplitude motions. The time histories of stresses of tethers of a typical TLP in slack-taut state are given. In addition, the sensitivities of slack to stiffness and mass are investigated by varying file stiffness of tether and mass of TLP. It is found that slack is sensitive to the mass of TLP. The critical culled surfaces (over which indicates the slack) for the increase of mass are obtained.

Slack Stealing Job Admission Control Scheduling

In this paper, we present Slack Stealing Job Admission Control (SSJAC)---a methodology for scheduling periodic firm-deadline tasks with variable resource requirements, subject to controllable Quality of Service (QoS) constraints. In a system that uses Rate Monotonic Scheduling, SSJAC augments the slack stealing algorithm of Thuel et al with an admission control policy to manage the variability in the resource requirements of the periodic tasks. This enables SSJAC to take advantage of the 31\% of utilization that RMS cannot use, as well as any utilization unclaimed by jobs that are not admitted into the system. Using SSJAC, each task in the system is assigned a resource utilization threshold that guarantees the minimal acceptable QoS for that task (expressed as an upper bound on the rate of missed deadlines). Job admission control is used to ensure that (1) only those jobs that will complete by their deadlines are admitted, and (2) tasks do not interfere with each other, thus a job can only monopolize the slack in the system, but not the time guaranteed to jobs of other tasks. We have evaluated SSJAC against RMS and Statistical RMS (SRMS). Ignoring overhead issues, SSJAC consistently provides better performance than RMS in overload, and, in certain conditions, better performance than SRMS. In addition, to evaluate optimality of SSJAC in an absolute sense, we have characterized the performance of SSJAC by comparing it to an inefficient, yet optimal scheduler for task sets with harmonic periods.

William Jennings Bryan CN [Central News Photo Service] New-York : [photographie de presse] / [Agence Rol]

Référence bibliographique : Rol, 58715