Relevant bibliographies by topics / Avoidable damage

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Avoidable damage'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Avoidable damage"

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Dempster, Helen. "Combating the collateral damage of COVID-19." Practice Management 30, no. 5 (May 2, 2020): 40–42. http://dx.doi.org/10.12968/prma.2020.30.5.40.

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During the COVID-19 pandemic, many patients have been fearful of seeking medical attention in fear of contracting coronavirus or being a ‘burden’ on the overstretched NHS, meaning even treatable illnesses could escalate into an avoidable situation
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Asplund, Chad A., and Thomas M. Best. "Brain damage in American Football Inevitable consequence or avoidable risk?" British Journal of Sports Medicine 49, no. 15 (July 16, 2015): 1015–16. http://dx.doi.org/10.1136/bjsports-2014-h1381rep.

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O’Kane, Declan, Aparna Pusalkar, Will Topping, Oliver Spooner, and Emma Roantree. "An avoidable cause of cardioembolic stroke." Acute Medicine Journal 13, no. 3 (July 1, 2014): 126–28. http://dx.doi.org/10.52964/amja.0361.

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Left Atrial Ablation for Atrial Fibrillation is safe and effective for most patients. However a rare complication is thermal damage to the integrity of the normal physical barriers between the left atrium and the adjacent oesophagus due to the ablation process. This can lead to formation of an Atrial-Oesophageal fistula with sepsis, haemorrhage and systemic cardioembolism occurring even up to 2 months post procedure. The presentation is similar to endocarditis but localised instrumentation specifically Transoesophageal echocardiography (TOE) can provoke systemic cardioembolism. This is an important differential in those presenting acutely with a Pyrexia of Unknown Origin or endocarditis-like picture within 2 months of ablation therapy.
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Matijević, Ratko, and Katja Erjavec. "Responsibilities of Pregnant Women for on Going Pregnancy - Medical Aspects." Medicine, Law & Society 9, no. 2 (December 14, 2016): 121–30. http://dx.doi.org/10.18690/24637955.9.2.121-130(2016).

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There are numerous factors known to affect the course of pregnancy and adversely impact perinatal mortality and morbidity. Some of them are avoidable and some are not. Avoidable factors can be either under responsibility of medical staff, health care systems and communities; or under responsibility of pregnant women. By modifying and changing their lifestyle, pregnant women can influence some avoidable factors and improve their pregnancy outcome. However, by ignoring them, they can cause potential damage to themselves and to their unborn child. There is no well defined responsibility for women concerning ways they influence their pregnancy outcome; they have a full right to make decisions about themselves and their unborn children, whether right or wrong. Good communication, education and understanding are essential when dealing with these issues.
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Gutiérrez, Ester, and Sebastián Lozano. "Avoidable damage assessment of forest fires in European countries: an efficient frontier approach." European Journal of Forest Research 132, no. 1 (August 31, 2012): 9–21. http://dx.doi.org/10.1007/s10342-012-0650-5.

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Sendy, Feras. "Laparoscopic Diagnosis and Treatment of Stage 4 Endometriosis after Traumatic Agni karma with Abdominal Scars: a Case Report." Obstetrics Gynecology and Reproductive Sciences 4, no. 2 (August 10, 2020): 01–02. http://dx.doi.org/10.31579/2578-8965/040.

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Agni karma refers to the use of heated metals by traditional physicians. Endometriosis is defined as implantation of endometrial cells outside the endometrial cavity. Presenting symptoms are dyspareunia and dysmenorrhea. Recognition and awareness of such disorder are vital to avoid skin damage. A 31 years old nulliparous presented with dysmenorrhea and dyspareunia after unsuccessful attempts to alleviate symptoms by heated metals. Stage 4 endometrioses was diagnosed via laparoscopy and bilateral ovarian cystectomy was done for endometriomas. Agni karma is an unacceptable treatment for endometriosis as it results in avoidable body damage. Using heated rods is contraindicated in endometriosis, as it does neither alleviate symptoms nor treat the condition. It is used due to its lower cost, rapidity to treat the illness and non-complex equipment. To prevent unnecessary body damages, awareness is crucial along with consulting legal healthcare centers where medical and surgical treatment from qualified healthcare professionals is provided.
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Zanazzi, E., E. Coïsson, and D. Ferretti. "GIS ANALYSIS OF THE SEISMIC DAMAGE ON HISTORICAL MASONRY SPIRES." ISPRS - International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences XLII-2/W11 (May 5, 2019): 1173–79. http://dx.doi.org/10.5194/isprs-archives-xlii-2-w11-1173-2019.

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<p><strong>Abstract.</strong> The Emilia 2012 earthquake highlighted the high vulnerability of historical masonry spires, at the top of bell towers. Indeed almost half of the spires, in the area hit by the seismic event, show the loss of the top. The observed collapse mechanism consists in sliding of the spire top and in the resulting overturning. Once the emergency phase has passed, it is now a duty to learn from this traumatic experience and to provide new tools for the prevention of the destructive effects of future earthquakes. In this perspective, a geodatabase was designed, using the ArcGIS Pro software, for monitoring the vulnerabilities of the surveyed spires. Indeed, as we learn from the study of the effects of past earthquakes, seismic damages are recurrent for each building typology and therefore they can be predictable and avoidable. For example, by statistically elaborating the data of the designed database, a correlation arose between the levels of damage of the spires and their type of masonry arrangement. Indeed four different masonry typologies have been distinguished. The work then focuses on three damaged spires of churches belfries, proposing three consolidation hypotheses to prevent the future loss of the rebuilt top part of the spire. The structural analyses, performed with Abaqus CAE and detailed in a different work, showed that the same intervention produces different results on the different case studies: a demonstration that there is not an “absolute” best solution, but an intervention suitable for each case.</p>
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Cioffi, Andrea, and Raffaella Rinaldi. "Covid-19 and medical liability: A delicate balance." Medico-Legal Journal 88, no. 4 (July 3, 2020): 187–88. http://dx.doi.org/10.1177/0025817220935879.

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During the Covid-19 pandemic, many countries around the world are considering whether and how to provide liability protection to front-line healthcare staff. The guiding principle of liability protection for physicians and others is to ensure that, in a serious emergency situation, health professionals can devote themselves exclusively to their work and to patient care, without the fear of future claims for unforeseeable, but above all unavoidable, injury, loss and damage caused by their conduct. Great care is needed to balance the interests and rights of all those involved. Liability protection could have risky consequences with the final result that doctors will not be protected, but institutions such as health facilities will be even if they were in fact responsible for foreseeable and avoidable damage.
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Lev-Ari, Shahar, Benjamin Rolnik, and Ilan Volovitz. "Immune Responses to SARS-CoV2 Mirror Societal Responses to COVID-19: Identifying Factors Underlying a Successful Viral Response." Biology 10, no. 6 (May 29, 2021): 485. http://dx.doi.org/10.3390/biology10060485.

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The adaptive immune system was sculpted to protect individuals, societies, and species since its inception, developing effective strategies to cope with emerging pathogens. Here, we show that similar successful or failed dynamics govern personal and societal responses to a pathogen as SARS-CoV2. Understanding the self-similarity between the health-protective measures taken to protect the individual or the society, help identify critical factors underlying the effectiveness of societal response to a pathogenic challenge. These include (1) the quick employment of adaptive-like, pathogen-specific strategies to cope with the threat including the development of “memory-like responses”; (2) enabling productive coaction and interaction within the society by employing effective decision-making processes; and (3) the quick inhibition of positive feedback loops generated by hazardous or false information. Learning from adaptive anti-pathogen immune responses, policymakers and scientists could reduce the direct damages associated with COVID-19 and avert an avoidable “social cytokine storm” with its ensuing socioeconomic damage.
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Boss, Andreas, Stephan Clasen, Markus Kuczyk, Aristotelis Anastasiadis, Diethard Schmidt, Claus D. Claussen, Fritz Schick, and Philippe L. Pereira. "Thermal Damage of the Genitofemoral Nerve Due to Radiofrequency Ablation of Renal Cell Carcinoma: A Potentially Avoidable Complication." American Journal of Roentgenology 185, no. 6 (December 2005): 1627–31. http://dx.doi.org/10.2214/ajr.04.1946.

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Dissertations / Theses on the topic "Avoidable damage"

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Maslyannikov, Lev. "Skadebegränsningsprincipen : – den skadelidandes skyldighet att begränsa sin skada." Thesis, Linköpings universitet, Affärsrätt, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-137307.

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Den skadeståndsrättsliga principen om den skadelidandes skyldighet att begränsa sin skada ärväl känd och vedertagen i svensk rätt. Principen åberopas ofta som invändning iskadeståndstvister av alla slag, och har därmed stor praktisk betydelse. Principens köprättsligaoch försäkringsrättsliga motsvarigheter är generöst behandlade i doktrinen. På denskadeståndsrättsliga sidan förhåller det sig annorlunda – det här är första gången som ämnetblir tillägnat ett eget arbete i Sverige. Det finns många rättsfall där skadebegränsningsskyldigheten aktualiseras, men på grund avdomskälens utformning är rättsfallens värde som vägledning begränsat. Jag anser emellertid attuppmärksamheten inte bör överfokuseras på dessa. Intar man ett framåtblickande perspektiv,finns det gott om material och idéer att hämta från den övriga civilrätten, från rättsekonominoch – inte minst – från utlandet. Arbetets strukturella och metodologiska ramverk är utformatså, att största möjliga nytta kan dras av främmande källor utan att en djupgående (och oftastointressant) komparativ utredning av dessa källor behöver göras. Det huvudsakliga syftet med undersökningen var att definiera skadebegränsningsprincipensansvarsgräns. Med hänsyn till framställningen omfattning, hade det inte varit möjligt att göragrundliga utredningar av enskilda delproblem. Istället är arbetet fokuserat på att utrönaallmängiltiga riktlinjer, tankemönster och ledtrådar, dels för skadebegränsningsbedömningen isig, och dels för den tänkbara rättsutvecklingen. Ett flertal sådana riktlinjer har kunnatdefinieras, något utspridda över principens tillämpningsområde, och ibland även i sammanhangdär det inte är uppenbart att det är skadebegränsningshänsyn som styr. Samtidigt har åtskilligasystemiska problem uppdagats såväl i principens tillämpning som i den underliggandenormbildningen. Jag har ödmjukt lagt fram några lösningsförslag, med ändamålet att främja enmer rättssäker tillämpning av principen, dels på grundval av gällande rätt, och dels på grundvalav den tänkbara rättsutvecklingen på området.
The doctrine of avoidable loss is a generally recognized principle in Swedish law. The doctrine is often invoked in damage claim disputes of all kinds, and is therefore important in practice. There is plenty of legal literature where the doctrine is treated in the context of sales law and insurance law. On the tort law side, however, there is nothing – this is the first dedicated work on the subject in Sweden. There are many tort cases where the question of avoidable loss is actualized, but due to the way the courts articulate the grounds for their rulings, the cases provide little guidance for the future, and therefore have little value as precedent. This is not necessarily an obstacle to the study. On the contrary, when looking outwards, I have found a wealth of ideas and study material in other areas of civil law, in law and economics, and in foreign law. The structural and methodological framework of the thesis was designed to allow for extraction of material from foreign sources without needing to conduct a thorough (and often uninteresting) comparative study. The main purpose of the investigation was to define the boundaries of the claimant’s liability as imposed by the doctrine. Considering the limited scope of the thesis, it would not have been possible to deconstruct the subject into details and conduct thorough investigations of those. Instead, the work was focused on determining general guidelines, thought patterns and clues; both de lege lata and de lege ferenda. Multiple such guidelines could be defined in various contexts where the doctrine is applied, but also, interestingly, in certain contexts where it is not obvious that considerations of avoidable loss are decisive. Multiple systemic issues have also been found, both in the application of the doctrine and in the underlying norms. I have humbly put forward several suggestions on how these issues could be alleviated to promote legal certainty in the doctrine’s application, both today and in the future.
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Solberg, Kevin Mark. "Experimental and financial investigations into the further development of Damage Avoidance Design." Thesis, University of Canterbury. Civil Engineering, 2007. http://hdl.handle.net/10092/1162.

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Multiple experimental and computational tests are performed on precast concrete structures designed for damage avoidance. These structures accommodate non-linear behaviour by rocking at specially detailed connections. Unbonded prestress is employed to provide a restoring force and supplemental devices are used to dissipate energy. Tests are performed on a 30 percent scale bridge pier and an 80 percent scale 3D beam-column joint subassembly. Several detailing strategies are developed and tested. Straight and draped tendon profiles are considered. Supplemental energy dissipation is provided by yielding mild steel devices or lead-extrusion dampers. The lead-extrusion dampers are tested both externally and internally. Detailing at the joint region is refined in an effort to provide a cost-effective and simple solution. A closure pour is considered to simply the construction process. Results indicate it is possible to eliminate virtually all damage at the beam-column joint with minor increased cost from steel armouring. The lead-extrusion damper is shown to be 'resetable', and therefore would not have to be replaced following a seismic event. Two seismic financial risk methodologies are developed to investigate the enhanced performance inherent to ductile jointed structures. A rapid method is introduced which simplifies the intensive computational effort necessary to perform loss studies. A distribution-free computational method is also examined. The methods are demonstrated with a case study of bridge piers designed to different seismic design codes and a bridge designed for damage avoidance. The bridge pier designed for damage avoidance is shown to have an expected annual loss of approximately 25 percent that of the conventional ductile piers.
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Linke, Christin. "Damage avoidance design of special truss girder frames with energy dissipation devices." abstract and full text PDF (UNR users only), 2009. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1467754.

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Abdul, Hamid Nor Hayati. "Seismic damage avoidance design of warehouse buildings constructed using precast hollow core panels." Thesis, University of Canterbury. Civil Engineering, 2006. http://hdl.handle.net/10092/1153.

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Precast prestressed hollow core units are commonly used in the construction of the flooring system in precast buildings. These units without transverse reinforcement bars are designed to resist seismic loading as replacement for fixed-base precast wall panels in the construction of warehouse buildings. Thus, this research seeks to investigate the seismic performance of the units constructed as a subassemblage (single wall) subjected to biaxial loading and as a superassemblage (multi-panel) subjected to quasi-static lateral loading. A design procedure for warehouse building using precast hollow core walls under Damage Avoidance Design (DAD) is proposed. In addition, a risk assessment under Performance-Based Earthquake Engineering (PBEE) is evaluated using the latest computational tool known as Incremental Dynamic Analysis (IDA). A comparative risk assessment between precast hollow core walls and fixed-base monolithic precast wall panels is also performed. Experimental results demonstrate that rocking precast hollow core walls with steelarmouring do not suffer any non-structural damage up to 2.0% drift and minor structural damage at 4.0% drift. Results revealed that the wall with unbonded fuse-bars and 50% initial prestressing of unbonded tendons performed the best compared with other types of energy dissipators. Furthermore, 12mm diameter of fuse-bar is recommended as there is no uplifting of the foundation beam during ground shaking. Hence, this type of energy dissipator is used for the construction of seismic wall panels in warehouse buildings. One of the significant findings is that the capacity reduction factor (Ø ) which relates to global uncertainty of seismic performance is approximately equal to 0.6. This value can be used to estimate the 90th percentile of the structures without performing IDA. Therefore, the structural engineers are only required to compute Rapid-IDA curve along with the proposed design procedure.
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Li, Luo man. "Further experiments on the seismic performance of structural concrete beam-column joints designed in accordance with the principles of damage avoidance." Thesis, University of Canterbury. Civil Engineering, 2006. http://hdl.handle.net/10092/1098.

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Recent research on jointed unbonded post-tensioned precast concrete frames has demonstrated their superior seismic resistance. Inelastic rotation generated during large earthquake motions is accommodated through gap opening and closing at the beam-to-column connections in the frame. By applying the principles of Damage Avoidance Design (DAD), a steel-steel armoured connection has been demonstrated to be effective in protecting the precast elements from damage. The re-centring ability of the unbonded prestressed post-tensioned system allows the building to return to its original undeformed position after the earthquake with negligible residual deformations. This research experimentally assesses the biaxial performance of the unbonded precast beam-to-column joint and simplifies the steel-steel armoured connection details in the joint. The experimental results of both quasi-static unidirectional lateral loading tests and biaxial lateral loading tests conducted on a 80% scaled unbonded jointed beam-to-column joint are presented. The performance of the proposed simplified steel-steel connection is assessed. A theoretical model is developed based primarily on rigid body kinematics and is validated using the test results. A formulation is also developed based on St Vennants' principle, to estimate the effective stiffness of the precast concrete beams under bidirectional rocking. Based on the experimental findings, improvements to the steel-steel armoured connection and joint details are proposed.
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Mashiko, Naoto. "Comparative performance of ductile and damage protected bridge piers subjected to bi-directional earthquake attack." Thesis, University of Canterbury. Civil Engineering, 2006. http://hdl.handle.net/10092/1159.

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Incremental Dynamic Analysis (IDA) procedures are advanced and then applied to a quantitative risk assessment for bridge structures. This is achieved by combining IDA with site-dependent hazard-recurrence relations and damage outcomes. The IDA procedure is also developed as a way to select a critical earthquake motion record for a one-off destructive experiment. Three prototype bridge substructures are designed according to the loading and detailing requirements of New Zealand, Japan and Caltrans codes. From these designs 30 percent reduced scale specimens are constructed as part of an experimental investigation. The Pseudodynamic test is then to control on three specimens using the identified critical earthquake records. The results are presented in a probabilistic riskbased format. The differences in the seismic performance of the three different countries' design codes are examined. Each of these current seismic design codes strive for ductile behaviour of bridge substructures. Seismic response is expected to be resulting damage on structures, which may threaten post-earthquake serviceability. To overcome this major performance shortcoming, the seismic behaviour under bi-directional lateral loading is investigated for a bridge pier designed and constructed in accordance with Damage Avoidance principles. Due to the presence of steel armoured rocking interface at the base, it is demonstrated that damage can be avoided, but due to the lack of hysteresis it is necessary to add some supplemental damping. Experimental results of the armoured rocking pier under bi-directional loading are compared with a companion ductile design specimen.
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Alamri, Thanwa. "Le droit de la concurrence et les pratiques monopolistiques : étude comparative des droits saoudien, français et européen." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D020.

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L'adhésion de l'Arabie Saoudite à l'Organisation Mondiale du Commerce (OMC) a joué un rôle moteur dans le développement de son système juridique. Elle a créé la nécessité urgente de développer et de conformer son système judiciaire au libéralisme dominant du commerce mondial. Elle a également donné lieu à l'adoption de la Loi Saoudienne de la Concurrence n°(M/24), le 11 février 2014, en faveur de la protection de la concurrence et la prévention des pratiques monopolistiques. Cette loi vise à faire respecter deux règlementations importantes. La première vise à maintenir les pratiques et le comportement concurrentiels des entreprises qui participent activement au marché, par l'interdiction d'ententes anticoncurrentielles, y compris l'abus de pouvoir de marché, dont certaines entreprises dominantes peuvent se rendre coupables par l'emploi de pratiques concurrentielles. Le second règlement porte sur la préservation de la structure du marché et la restriction des politiques d'entreprise visant à concentrer les opérations. Car, il est naturel que les entreprises cherchent à la fois à gérer leur développement sur le marché et à limiter les effets des politiques anticoncurrentielles et de concentration, en vue de maintenir la liberté de la concurrence.L'étude des pratiques de la Loi saoudienne sur la concurrence révèle, néanmoins, certaines insuffisances, qui sont déterminées en plusieurs points dans les lois française et européenne sur la concurrence. L'objet de cette recherche vise donc à répondre à la nécessité de combler les lacunes de la législation saoudienne. Cette étude comprend également trois types d'actions judiciaires en matière de droit de la concurrence
Saudi Arabia's recent adhesion to the World Trade Organization (WTO) has created a pressing necessity to develop and conform its judiciary system to the high liberalism of global commerce. Including the adoption of a law favoring the protection of market competition and the prevention of monopolizing practices, in the context of the Saudi Competition Act N° (M/24) of 11111 of February 2014. This law seeks to enforce two important regulations. The first is to maintain the competitive practices and behavior of businesses actively participating in the market by disallowing anti-competitive agreements, as well as the abuse of power that certain dominant companies in the market may be guilty of by not employing competitive practices. The second regulation is the preservation of the structure of the industry market by managing and thereby limiting company policies seeking to concentrate operations, as it is natural that companies seek to manage their market development and as such limit the effects of anti-competitive concentration policies to ensure freedom of competition. While studying these practices in the Saudi Competition Act, insufficiency and negligence has been determined on multiple items mentioned and described in the French and European competition laws, as such the researcher judges it necessary to fill the gaps of these lacking areas in the Saudi legislation. This study also comprises three types of judiciary action in competition law
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"The CISG remedies of specific performance, damages and avoidance, compared to the equivalent in the Mexican law on sales." Tulane University, 2008.

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This study compares and contrasts the remedies available to an aggrieved party under the United Nations Convention on Contracts for the International Sale of Goods to the equivalent remedies in the Mexican law on sales. The purpose of the study is to establish that, although the remedies of Specific Performance, Damages and Avoidance are contained in both bodies of law and are in principle equivalent, they are neither exercised nor applied in the same manner In order to achieve an informative comparison, it is essential to analyze the letter of both pieces of legislation and to consult relevant academic literature. It is also pertinent to explore how judicial and arbitral tribunals have interpreted the Convention for the International Sale of Goods and the Mexican law on sales on each topic This study will, thus, provide legal practitioners, academics, scholars and the judiciary with a better understanding of the applicability and implementation of the remedies of Specific Performance or Cumplimiento Forzoso, Damages or Danos y Perjuicios and Avoidance or Rescision, available under the Convention and the Mexican law, respectively The reason to make this comparison available to all of those who participate in international sales is, first, that they will find it useful when drafting contracts. Second, it is also relevant for determining strategy when analyzing a case of breach of an international contract of sale. Third, it will assist any tribunal responsible for deciding a dispute over a breach of a sales contract to which the CISG or Mexican law is applicable In sum, this study is relevant due to the fact that it presents the similarities and the differences in the main remedies for breach of contract contained in the CISG and Mexican law. Therefore, when facing a case of breach of an international contract of sales where the remedies in question are at stake, the interested party will have a precise tool to decide his legal strategy
acase@tulane.edu
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Abdul, Hamid N. H. "Seismic damage avoidance design of warehouse buildings constructed using precast hollow core panels : a thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Civil Engineering in the University of Canterbury /." 2006. http://library.canterbury.ac.nz/etd/adt-NZCU20070430.150657.

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Li, Luoman. "Further experiments on the seismic performance of structural concrete beam-column joints designed in accordance with the principles of damage avoidance : a thesis submitted in partial fulfilment of the requirements for the degree of Master of Engineering in Civil Engineering at the University of Canterbury /." 2006. http://library.canterbury.ac.nz/etd/adt-NZCU20060828.153252.

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Books on the topic "Avoidable damage"

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Tillner, Wolfgang, Horst Fritsch, Rudolf Kruft, Wilfried Lehmann, Hartmut Louis, and Gunther Masendorf. Avoidance of Cavitation Damage: Principles, Methods of Test, Applications, Experience. Wiley, 2005.

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Avoidance of cavitation damage: Principles, methods of test, applications, experience. London: Mechanical Engineering Publications, 1993.

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Peter, Huber. Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.16. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0070.

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This commentary focuses on Article 3.2.16 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning damages. Art 3.2.16 adopts a ‘neutral’ approach to the issue of damages by simply stating under which conditions a claim for damages may arise and what kinds of damages are recoverable. It does not distinguish between the case where the avoiding party seeks damages and the inverse case where the other party seeks damages. Irrespective of whether or not the contract has been avoided, the party who knew or ought to have known of the ground for avoidance is liable for damages so as to put the other party in the same position in which it would have been if it had not concluded the contract. This commentary discusses the liability of the party entitled to avoid and of the other party in cases where contract is avoided and not avoided, along with the allocation of the burden of proof.
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Roger, Halson. 5 Analogous Provisions and Avoidance Techniques. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198785132.003.0005.

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This chapter first examines the provisions that operate in a similar way to a stipulated damages clause. These include advance payments, forfeiture clauses, and deposits. As these analogous provisions are either subject to a different, or no, regulatory regime they are often the basis of ‘avoidance techniques’ used deliberately to evade the restrictions of the penalty rule. These techniques are examined in the second part of the chapter. The final section outlines some general guidance about the drafting of clauses which will be subject to review. The general points discussed are supported by reference to the relevant case law considered elsewhere in this book that inform, or are essential background to, the guidance offered.
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Holt, Daniel J. Pedestrian Safety (Progress in Technology). SAE International, 2004.

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Ewan, McKendrick. Ch.7 Non-performance, s.4: Damages, Art.7.4.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0151.

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This commentary analyses Article 7.4.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning full compensation to which the aggrieved party is entitled for harm sustained as a result of non-performance. According to Art 7.4.2, such harm includes both any loss which the aggrieved party suffered and any gain of which it was deprived, taking into account any gain to the aggrieved party resulting from its avoidance of cost or harm. Such harm may be non-pecuniary and includes, for instance, physical suffering or emotional distress. The burden of proof is upon the aggrieved party to prove that it has suffered the harm in respect of which the claim has been brought, that (for example, in the case of non-pecuniary harm) it is entitled to recover damages in respect of that loss, and that the harm was suffered as a result of the defendant's non-performance.
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Peter, Huber. Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0057.

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This commentary focuses on Article 3.2.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning an error that occurs in the expression or transmission of a declaration. Art 3.2.3 serves two purposes. The first is to attribute errors in expression and transmission to the party from which the declaration emanated. This is of particular relevance for errors in transmission, as in this case a third party (the transmitter) may commit the mistake which will then, under Art 3.2.3, be attributed to the party making the declaration. The second purpose is to protect the mistaken party in those cases where, as a result of the application of the rules on contractual interpretation, the contract is concluded on terms that the mistaken party did not intend. This commentary discusses the general principles of the right to avoid the contract, specific fact patterns, and burden of proof, along with the liability of both parties for damages under Art 3.2.16.
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Brady, Michael S. Suffering as a Virtuous Motive. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812807.003.0004.

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This chapter proposes that dispositions to suffer can constitute virtues, and that when they do, experiences of suffering are virtuous motives. Brady illustrates this idea by showing that feelings of physical pain and emotional remorse can constitute ‘faculty virtues’, since they outperform feasible competitors in bringing about valuable goods, such as the avoidance of damage, and the provision of apologies and reparations. He then considers a range of objections to this virtue-theoretical approach to suffering—in particular, that dispositions to feel pain are not aspects of character, and thus not virtues as traditionally conceived; and that virtuous motives are intrinsically good, whilst suffering is intrinsically bad—and argues that none of them are convincing.
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Cohen, Jeffrey A., Justin J. Mowchun, Victoria H. Lawson, and Nathaniel M. Robbins. A 63-Year-Old Male with Severe Flaccid Weakness Post Motor Vehicle Accident. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780190491901.003.0009.

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Neuromuscular disorders are important causes of newly acquired weakness in the intensive care unit. Although evaluation usually begins with physical examination findings, these can be compromised in the intensive care unit environment. Therefore, electrodiagnostic study becomes even more important as a tool in localizing weakness to nerve, muscle or neuromuscular junction. Critical illness neuropathy and myopathy occurs in the setting of sepsis and multiple organ failure where sepsis is accompanied by the systemic inflammatory response syndrome. Additional, intensive care unit-specific risk factors exist, predominantly relating to administration of high-dose steroids, nondepolarizing neuromuscular blocking agents, and sedating agents such as propofol. There is no specific treatment except for optimizing medical management of the underlying disorder, including prevention and management of sepsis, systemic inflammatory response syndrome, and organ damage, as well as avoidance of exacerbating medications.
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Duvic-Paoli, Leslie-Anne. Prevention in International Environmental Law and the Anticipation of Risk(s). Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198795896.003.0008.

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The raison d’être of international environmental law, the avoidance of the occurrence of environmental harm, dictates an anticipatory approach. At its heart is the principle of prevention which imposes an obligation on states to exercise due care in the face of risks of environmental damage. This chapter presents prevention as a multifaceted norm that operates at multiple levels in order to best anticipate different types of risks. It analyses prevention from three different perspectives. First, it identifies its material scope by detailing the different categories of risks which are covered by prevention. Second, it looks at the temporal scope of prevention and highlights the multiple conceptions of the future found in the principle. Finally, it presents the potential beneficiaries of the preventive rationale to explain how it aims to shape the future of different audiences. The chapter concludes on the challenges brought about by the multifaceted nature of prevention.
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Book chapters on the topic "Avoidable damage"

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Jennett, Bryan. "Avoidable Mortality, Morbidity and Secondary Brain Damage After Recent Head Injury." In Mechanisms of Secondary Brain Damage, 313–22. Boston, MA: Springer US, 1986. http://dx.doi.org/10.1007/978-1-4684-5203-7_25.

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MacPhee, D. G. "Introduction: Avoidance of errors after DNA Damage." In Antimutagenesis and Anticarcinogenesis Mechanisms, 201–3. Boston, MA: Springer US, 1986. http://dx.doi.org/10.1007/978-1-4684-5182-5_17.

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Tayebi-Meigooni, Amin, Yahya Awang, Alan R. Biggs, and Ali Ghasemzadeh. "Salt-Induced Changes in Growth and Damage Avoidance Mechanisms of Hydroponically Grown Chinese Kale (Brassica alboglabra L.)." In Sabkha Ecosystems, 99–111. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-04417-6_8.

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Eclancher, Françoise. "Ontogeny of Acquisition And Retention of Two-Way Active Avoidance in the Rat: Effects of Early Septal Damage." In Brain Plasticity, Learning, and Memory, 343–51. Boston, MA: Springer US, 1985. http://dx.doi.org/10.1007/978-1-4684-5003-3_35.

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McDaniel, W. F., M. S. Schmidt, F. I. Chirino Barcelo, and B. K. Davis. "The Influences of ACTH 4–9 Analog upon Avoidance Learning in Normal and Brain Damaged Rats." In Advances in Behavioral Biology, 221–33. Boston, MA: Springer US, 1989. http://dx.doi.org/10.1007/978-1-4684-5727-8_20.

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Kwan, Linda P. C., Eric W. C. Tam, Parco M. Siu, and Arthur F. T. Mak. "Avoidance of Damage Accumulation to Minimize the Risk of Deep Tissue Injury: An Investigative Protocol of Double Loading Episodes." In IFMBE Proceedings, 857–59. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-23508-5_223.

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Gräf, Thomas. "Contactless Thermal Online-Monitoring of Electrical Equipment Under Load at High Voltage to Determine the Load Level and Damage Avoidance." In Lecture Notes in Electrical Engineering, 384–95. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-31676-1_37.

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Pring, Linda, and Valerie Tadić. "The Behavioral and Cognitive Manifestations of Blindness in Children." In Cognitive and Behavioral Abnormalities of Pediatric Diseases. Oxford University Press, 2010. http://dx.doi.org/10.1093/oso/9780195342680.003.0063.

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Ground-breaking progress in the field of neurodevelopmental disorders has allowed us far more insight into blindness and visual impairment (VI). The field of cognitive neuroscience has now established itself solidly in the literature, combining the knowledge from cognitive psychology, clinical studies related to brain damage, and neuroscience to open the way to significant advances in understanding. In recent years, the optimism engendered from the adult studies has played a large part in providing the impetus for developmental studies and in particular developmental neuroscience (Johnson 2005; Tager-Flusberg 1999). It is from this developmental neuroscience perspective that we can begin to understand the cognitive and behavioral manifestations associated with blindness and VI; albeit with the proviso that children with VI present particularly heterogeneous developmental patterns when compared to typically developing children (Fraiberg 1971). In considering the effects of blindness and VI, this chapter will focus on social understanding, language, cognition, and motor development. However, it begins with brief introductions to epidemiology and the effects of blindness on the functional and structural organization of the brain, which it is hoped will provide a useful context in which to consider the development of children who cannot see. Today the number of blind people in the world stands at 45 million, even though up to 75% of blindness could be avoided either by treatment or by prevention. The number of people with avoidable blindness will have doubled from 1990 to 2020 unless there is rapid and effective intervention, and the total number of the blind is projected to be as many as 76 million by 2020. To prevent this scenario, the World Health Organization (WHO) and the International Agency for the Prevention of Blindness (IAPB) have jointly initiated Vision 2020, a project that aims to eliminate the main causes of avoidable blindness by the year 2020, with the ultimate long-term goal of a world in which all avoidable blindness is eliminated and in which everyone with unavoidable vision loss reaches their full potential. The top priority of Vision 2020 is the prevention of childhood blindness. At present there are 1.4 million children under the age of 15 who are blind.
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Cento, Veljanovski. "Part IV Measurement, 14 Cost-based Approaches." In Cartel Damages. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198855163.003.0014.

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This chapter studies the cost-based and margin approaches, which are attractive to courts because they rely on actual data and are easily understood. There are several variants. The simplest version is to collect data on the cartel’s avoidable, marginal, or average costs, and add to this a competitive or pre-cartel margin to determine ‘but for’ prices. If the cartel’s prices are found to exceed the prices calculated using the firm’s marginal costs plus a competitive margin, the difference is regarded as the overcharge. This approach is attractive because it is based on the defendant’s cost data, the prices charged by the defendant, and evidence of what might be regarded as a reasonable or competitive mark-up on these costs. More recently, the English courts have adopted pure cost-based approaches which treat cost as a proxy for benefits or to take account of cost inefficiencies and cost savings during the cartel period.
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Hendley, Kathryn. "Dealing with Damage from Home Water Leaks." In Everyday Law in Russia. Cornell University Press, 2016. http://dx.doi.org/10.7591/cornell/9781501705243.003.0003.

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This chapter examines how Russians respond when water leaks into their apartments, a very common problem in Russia. At first glance, law would seem to have little to do with how problems among neighbors are resolved in Russia. Russians are slow to invoke formal law. Litigation or even threats of litigation are the exception, not the rule. The chapter begins with an overview of the role of law in problem solving among neighbors and a conceptual framework for the evolution of disputes between neighbors, including ceiling leaks. It then considers Russians' legal consciousness as well as the problem-solving strategies they employed to deal with damage from home water leaks. Based on the results of focus groups and follow-up interviews, three basic strategies are evident: avoidance strategy, self-help strategy, and third-party intervention.
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Conference papers on the topic "Avoidable damage"

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Gama, Ítalo, Alessandra Coelho, and Matheus Baffa. "Fundus Eye Images Classification for Diabetic Retinopathy Detection Using Very Deep Convolutional Neural Network." In Workshop de Visão Computacional. Sociedade Brasileira de Computação - SBC, 2020. http://dx.doi.org/10.5753/wvc.2020.13497.

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Diabetic retinopathy is an anomaly responsible for causing microvascular and macrovascular damage to the retina and occurs as a consequence of the worsening of diabetes. According to the World Health Organization (WHO), diabetic retinopathy is the most common cause of avoidable blindness in patients with diabetes worldwide. Early detection is important for the efficiency of treatments. Fundus Eye Image can be used to identify early disease development and monitor the patient’s clinical condition. The diagnostic process using this type of image may require some expertise from the ophthalmologist since not all retina anomalies are clearly visible. Thus, this paper proposes the development of a classification method based on Convolutional Neural Networks, but highly dense and deeper. The proposed method obtained a total of 92% AUC in the given experiments.
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Matsuno, Hiroshi. "Correspondence Between Notched and Unnotched Specimen’s Fatigue Data: Fundamental Concept and Formulation of Equivalent Stress Ratio REQ." In ASME 2005 International Mechanical Engineering Congress and Exposition. ASMEDC, 2005. http://dx.doi.org/10.1115/imece2005-79664.

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In the present study, a creative consideration is developed for the problem of the correspondence between notched and unnotched specimen’s fatigue data. The proposed concept is essentially different from that of volumetric damage, and it has the great advantage of being avoidable to encounter the fatally invalid point of the volumetric approach, such as determination of damage-volume sizes. Moreover, the fatigue criteria derived are very easy to be applied to practical notch problems. The approach is developed as follows; (1) A hypothesis of plastic adaptation in a surface layer is proposed and mechanical models reflecting the hypothesis are constructed. (2) From these models, equivalent stress ratios REQ are derived as the new parameter for the correspondence between the cyclic stress conditions of the notched and unnotched specimens. REQ is generalized for proportional multiaxial cyclic loading through the consideration for the case of torsional cyclic loading. Moreover, REQ is derived from the mechanical model for the stress field of the mode I fatigue crack tip. (3) Experimental data on fatigue strength and fatigue crack propagation rates are rearranged on the basis of REQ and are formulated. (4) Practical criteria are proposed for the fatigue strength and the fatigue crack propagation rates.
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Bunney, J. R., M. M. Jordan, and K. S. Sorbie. "The Prediction and Avoidance of Formation Damage Induced by Scale Inhibitor Squeeze Treatments." In SPE European Formation Damage Conference. Society of Petroleum Engineers, 1997. http://dx.doi.org/10.2118/38165-ms.

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Kibriya, Leena Tahir, Christian Málaga-Chuquitaype, and Mohammad Mehdi Kashani. "DAMAGE-AVOIDANCE STEEL ROCKING FRAMES WITH BUCKLING-ENABLED COMPOSITE BRACING." In XI International Conference on Structural Dynamics. Athens: EASD, 2020. http://dx.doi.org/10.47964/1120.9255.20182.

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Wang, Cheng-Wei, and Quan-Zhong Zhao. "Research on microcracks avoidance in processing of α-Al2O3by ultrashort laser pulses." In SPIE/SIOM Pacific Rim Laser Damage: Optical Materials for High-Power Lasers, edited by Jianda Shao, Takahisa Jitsuno, and Wolfgang Rudolph. SPIE, 2013. http://dx.doi.org/10.1117/12.2020373.

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Bey-Temsamani, Abdellatif, Agusmian Partogi Ompusunggu, and Florian Hammer. "AI meets Agriculture: A Smart System for Foreign Object Damage Avoidance." In 2020 IEEE Conference on Industrial Cyberphysical Systems (ICPS). IEEE, 2020. http://dx.doi.org/10.1109/icps48405.2020.9274735.

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SOMMER, G., and R. ADAMS. "Airship survival - Damage avoidance and control for large ocean-going airships." In 8th Lighter-than-Air Technology Conference. Reston, Virigina: American Institute of Aeronautics and Astronautics, 1989. http://dx.doi.org/10.2514/6.1989-3166.

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Elgezua, Inko, Yo Kobayashi, Sangha Song, and Masakatsu G. Fujie. "Combined collision avoidance and prevention of soft tissue damage control method for surgical robots." In 2012 4th IEEE RAS & EMBS International Conference on Biomedical Robotics and Biomechatronics (BioRob 2012). IEEE, 2012. http://dx.doi.org/10.1109/biorob.2012.6290874.

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Ugrekhelidze, A. T. "WOODEN STRUCTURES." In INNOVATIVE TECHNOLOGIES IN SCIENCE AND EDUCATION. DSTU-Print, 2020. http://dx.doi.org/10.23947/itno.2020.395-398.

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The NMIT Arts & Media Building in Nelson, New Zealand is the first in a new generation of multi-storey timber structures. It employs a number of innovative timber technologies including an advanced damage avoidance earthquake design that is a world first for a timber building. Aurecon structural engineers are the first to use this revolutionary Pres-Lam technology developed at the University of Canterbury
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Rustad, Anne M., Carl M. Larsen, and Asgeir J. So̸rensen. "Deep Water Riser Collision Avoidance by Top Tension Control." In ASME 2007 26th International Conference on Offshore Mechanics and Arctic Engineering. ASMEDC, 2007. http://dx.doi.org/10.1115/omae2007-29172.

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For tensioned riser arrays in deep waters interference between individual risers in strong ocean current is a key design and operational concern. The lateral deflections are likely to be large, and the risers may experience collision with fatigue or surface damage as a consequence. In this paper a system consisting of a tension leg platform (TLP), a pair of risers, environmental forces and hydrodynamic interaction is presented. The control system is described, and a set of control objectives with corresponding control strategies are suggested. The collision avoidance effects of the different control objectives are shown through simulations.
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Reports on the topic "Avoidable damage"

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DiRuggiero, Jocelyne. Damage Avoidance and Repair Mechanisms of Extreme Halophiles to Ionizing Radiation. Fort Belvoir, VA: Defense Technical Information Center, July 2013. http://dx.doi.org/10.21236/ada585300.

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Dawson, Paul R. Development of Finite Element Forulations for High-Fidelity Polycrystals and Damage Avoidance in Friction Stir Welding. Fort Belvoir, VA: Defense Technical Information Center, July 2010. http://dx.doi.org/10.21236/ada524918.

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