Casino Drink Policies: Limiting Third-Party Liability

In their efforts to provide an atmosphere or hospitality to their casino customers, many operators will provide complimentary alcoholic beverage service. This practice is fraught with liability, particularly in venues outside of Nevada. Conscientious operators must take every precaution to mitigate the possibility of lawsuit.

Privity of Contract and Third Party Rights in European Construction Projects

Privity of contract has lately been criticized in several European jurisdictions, particu-larly due to the onerous consequences it gives rise to in arrangements typical for the modern exchange such as chains of contracts. Privity of contract is a classical premise of contract law, which prohibits a third party to acquire or enforce rights under a contract to which he is not a party. Such a premise is usually seen to be manifested in the doctrine of privity of contract developed under common law, however, the jurisdictions of continental Europe do recognize a corresponding starting point in contract law. One of the traditional industry sectors affected by this premise is the construction industry. A typical large construction project includes a contractual chain comprised of an employer, a main contractor and a subcontractor. The employer is usually dependent on the subcontractor's performance, however, no contractual nexus exists between the two. Accordingly, the employer might want to circumvent the privity of contract in order to reach the subcontractor and to mitigate any risks imposed by such a chain of contracts. From this starting point, the study endeavors to examine the concept of privity of con-tract in European jurisdictions and particularly the methods used to circumvent the rule in the construction industry practice. For this purpose, the study employs both a com-parative and a legal dogmatic method. The principal aim is to discover general principles not just from a theoretical perspective, but from a practical angle as well. Consequently, a considerable amount of legal praxis as well as international industry forms have been used as references. The most important include inter alia the model forms produced by FIDIC as well as Olli Norros' doctoral thesis "Vastuu sopimusketjussa". According to the conclusions of this study, the four principal ways to circumvent privity of contract in European construction projects include liability in a chain of contracts, collateral contracts, assignment of rights as well as security instruments. The contempo-rary European jurisdictions recognize these concepts and the references suggest that they are an integral part of the current market practice. Despite the fact that such means of circumventing privity of contract raise a number of legal questions and affect the risk position of particularly a subcontractor considerably, it seems that the impairment of the premise of privity of contract is an increasing trend in the construction industry.

Economic Principles and Determination of Infrastructure Third Party Tariffs in the UK Continental Shelf (UKCS)

NORTH SEA STUDY OCCASIONAL PAPER No. 116

Catholic Confession of Sins as Third-Party Moral Enforcement

Catholicism has built up a legalistic religion based on two pillars: salvation by works and 'auricular' confession of sins to a priest with judicial functions. Since the Reformation, many consider auricular confession inferior to less institutional and more individual conceptions of faith. This article analyzes how all these historical solutions trade off specialization advantages against exchange costs to produce moral enforcement. After showing the behavioral foundations of confession and the adaptiveness of its historical evolution, it tests hypotheses on its efficacy, exploitation and opportunity cost. Econometric evidence supports the efficacy but not the exploitative character of Catholic confession. It also explains its secular decline as a consequence of two factors. First, the rise in education, which makes moral self-enforcement less costly. Second, the productivity gap suffered by confession, given its necessarily interpersonal nature.

The Role of Third-Party Service Provider in B2B Integration

Sähköisen kaupankäynnin kasvun myötä, itsenäisten yritysten tietojärjestelmien integraation tarve on moninkertaistunut viime vuosien aikana. Yritykset ovat huomanneet, että tilaus-toimitusketjun automatisointiin tähtäävällä kokonaisvaltaisella integraatio-ratkaisulla on mahdollista päästä kattaviin kustannussäästöihin sekä tulojen kasvuun. Pääsääntöisesti yritykset kuitenkin etenevät hitaammin, integroimalla aluksi pienempiä liiketoiminnan tietojärjestelmien toimintoja. Positiivisten kokemusten perusteella yritykset ovat valmiitalaajentamaan sähköisen kaupankäynnin automatisointia myös muissa toiminnoissa. Tässä työssä keskitytään tarkastelemaan eri lähestymistapojayritystenvälisen integraation toteuttamiseen, sekä analysoimaan eri keinojen liiketoiminnallisia ja teknisiä vaikutuksia. Työ on tehty yhteistyössä UPM-KymmeneWood Oy:n kanssa, jonka tavoitteena oli saada perusteelliset tiedot yrityksenvälisestä integraatiosta ja syventää tietoja sekä integraatio-palveluita tarjoavien kolmansien osapuolten toimintatavoista että heidän tarjoamista palveluista ja niiden käyttökelpoisuudesta puutuoteteollisuudessa toimivassa yrityksessä. Käytännön osuudessa on tarkemmin esitelty integraatio-palveluita tarjoavien operaattoreiden kanssa käytyjen palaverien sekä heidän toimittamien materiaalien perusteella tehdyn tutkimustyön tuloksia, sisältäen yksityiskohtaiset kuvaukset yritystenvälisen integraation mahdollistavista palveluista.

Networks and partnerships in third party logistics service production

Third party logistics, and third party logistics providers and the services they offer have grown substantially in the last twenty years. Even though there has been extensive research on third party logistics providers, and regular industry reviews within the logistics industry, a closer research in the area of partner selection and network models in the third party logistics industry is missing. The perspective taken in this study was of expanding the network research into logistics service providers as the focal firm in the network. The purpose of the study is to analyze partnerships and networks in the third party logistics industry in order to define how networks are utilized in third party logistics markets, what have been the reasons for the partnerships, and whether there are benefits for the third party logistics provider that can be achieved through building networks and partnerships. The theoretical framework of this study was formed based on common theories in studying networks and partnerships in accordance with models of horizontal and vertical partnerships. The theories applied to the framework and context of this study included the strategic network view and the resource-based view. Applying these two network theories to the position and networks of third party logistics providers in an industrial supply chain, a theoretical model for analyzing the horizontal and vertical partnerships where the TPL provider is in focus was structured. The empirical analysis of TPL partnerships consisted of a qualitative document analysis of 33 partnership examples involving companies present in the Finnish TPL markets. For the research, existing documents providing secondary data on types of partnerships, reasons for the partnerships, and outcomes of the partnerships were searched from available online sources. Findings of the study revealed that third party logistics providers are evident in horizontal and vertical interactions varying in geographical coverage and the depth and nature of the relationship. Partnership decisions were found to be made on resource based reasons, as well as from strategic aspects. The discovered results of the partnerships in this study included cost reduction and effectiveness in the partnerships for improving existing services. In addition in partnerships created for innovative service extension, differentiation, and creation of additional value were discovered to have emerged as results of the cooperation. It can be concluded that benefits and competitive advantage can be created through building partnerships in order to expand service offering and seeking synergies.

Designing persuasive third party applications for social networking services based on the 3D-RAB model

The use of social networks services for promoting business, teaching, learning, persuasion and spread of information continues to attract attention as most social networking services (SNSs) now allow third party applications to operate on their sites. In the field of persuasive technology, the ability of SNSs to build relationships among their users and create momentum and enthusiasm through rapid cycles also give it a greater advantage over other persuasive technology approaches. In this paper we discuss the 3-dimensional relationship between attitude and behavior (3D-RAB) model, and demonstrate how it can be used in designing third-party persuasive applications in SNSs by considering external factors which affects persuasive strategies.