Academic literature on the topic 'Discharge of contracts'
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Journal articles on the topic "Discharge of contracts"
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Morgan, Jonathan. "REPUDIATORY BREACH: INABILITY, ELECTION AND DISCHARGE." Cambridge Law Journal 76, no. 01 (March 2017): 11–14. http://dx.doi.org/10.1017/s0008197317000162.
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STUDENTS – and indeed judges – of the law of contract have been sorely tried by White & Carter (Councils) Ltd. v McGregor [1962] A.C. 413. Mercifully, other propositions about the breach and discharge of contracts seem elementary.
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Oladele, Okunowo, Jerry Danor, and A. A. Alake. "The Doctrine of Frustration and Force Majeure in the Face of Covid 19: Effects in Contracts of International Carriage." ABUAD Law Journal 8, no. 1 (June 30, 2020): 53–74. http://dx.doi.org/10.53982/alj.2020.0801.04-j.
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Generally, parties to a contract are bound by the terms and conditions of the contract. However, the obligation on a contracting party to fulfill its part of the contract is subject to unforeseeable events that may render the contract incapable of performance. These unforeseeable events can operate to bring the contract to an end, as it is regarded in law as the doctrine of frustration. However, parties can insert force majeure clause in the contract in order to define the scope of events that can discharge parties from performance of the contract. Contracts generally have been impacted by the outbreak of the Covid 19 pandemic as many contracts have been impossible of performance due to the restriction on movements and lockdown worldwide. The aviation industry is never the least affected as the Covid 19 pandemic prevented airlines from operating and fulfilling contracts of carriage of goods and passengers from one country to another even when contracts have been entered before the pandemic. This paper seeks to address the impact of Covid 19 on contracts generally, the position of the law on contracts impacted by frustrating events such as Covid 19 and with particular focus on aviation contracts. That is our recommendation that parties should insert force majeure clauses in their agreement in other to clearly define events that would operate to frustrate the contract and for ease of interpretation.
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May, William F. "Testing the Medical Covenant: Caring for Patients with Advanced Dementia." Journal of Law, Medicine & Ethics 40, no. 1 (2012): 45–50. http://dx.doi.org/10.1111/j.1748-720x.2012.00644.x.
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A word, first, about the religious sensibility that I have found helpful to describe the care professionals owe to dying patients, particularly patients with advanced dementia.That word is covenant. It is a biblical term; but, today, it covers such dubious devices as real estate covenants. A real estate covenant often operates below the moral level of a contract to wall some people out of a neighborhood. Classically understood, however, the word covenant helps probe the obligations of doctors to their patients more deeply than the notion of a contract. Covenants of the sort I have in mind and contracts appear to be first cousins; they both include an agreement and an exchange between parties. But, in spirit, contracts and covenants differ markedly. Contracts are external; covenants are internal to the parties involved. We sign contracts in order to discharge them expediently. Contracts are limited and time-bound — whether a contract to fix plumbing or to charge such and such for a medical procedure.
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Nawaz, Hafiz Muhammad Usman, Mirza Shahid Rizwan Baig, and Dr Rao Qasim Idrees. "Development of Doctrine of Frustration: Departure from Absolutism in Contracts." Journal of Peace, Development & Communication Volume 4, Issue 3 (December 31, 2020): 556–73. http://dx.doi.org/10.36968/jpdc-v04-i03-29.
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Absolute liability in contracts or absolutism is traced back to seventeenth century. The famous case of Paradine v Jane (1647) laid down the basic rule of absolute liability in contracts. The rule stated that contracting parties are bound to fulfill their promises irrespective of circumstances. This case is considered as an authority in absolute liability in contracts. In order to excuse the party not performing his contractual obligations due to no fault on his part, doctrine of frustration of contract was developed. Taylor v Caldwell (1863) is generally considered a turning point in the application of absolute liability in contracts. It provided a new avenue for discharge of contracts on the ground of supervening impossibility. This article deals with the factors responsible for the development of doctrine of frustration of contract. Especially case laws will be discussed which had changed the doctrine of absolute liability in the performance of contracts and this new doctrine has been emerged.
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Ramakrishnan, Adarsh, and Binsy Susan. "How to Trump a No Claims Certificate in Arbitration." Asian International Arbitration Journal 14, Issue 2 (December 1, 2018): 181–92. http://dx.doi.org/10.54648/aiaj2018010.
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In construction contracts, employers generally insist on submission of ‘no due/certificate’ claims signed by the contractors, as pre-condition to release paymentsdue under the final bill. To secure the full amount, contractors generally send anarbitration invocation notice setting out their claims (or in cases where there is noarbitration clause, a legal notice) to the employers, in defiance of any such settlementcertificate/voucher. When the employers contend that the dispute is not ‘arbitrable’on account of discharge of the contract in terms of the No Dues/Claims Certificate,the contractors refute it by stating that any such settlement certificate/voucher wasobtained by fraud, coercion or undue influence and that there was absence of freeconsent. The article will analyse the Indian law on validity of such no duescertificates/settlement certificates/discharge vouchers in construction contracts andthe possible course of action that contractors may adopt to contest claims, despitesuch certificates.
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Прокофьев, Александр, Aleksandr Prokofiev, Валерия Смирнова, and Valeriya Smirnova. "Certain Issues Concerning Legal Regulation of Trade Mark License Contracts." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11743.
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The article examines current legal problems which arise in connection with trade mark license contracts. In the contemporary business environment a problem of liability for non-ensuring quality control under trade mark licensing law has become increasingly important. Restrictive business practices and regulation of parallel import is another concern. Authors analyze not only provisions of the substantive law but also legal regulation of the relevant issues concerning the conflict of laws rules. The article also tackles a major problem in the sphere of international private law: correlation of lex contractus and lex loci protectionis connecting factors. Lex contractus covers contractual aspects of the trade mark license such as contract interpretation, mutual obligations of the parties, their performance, discharge and consequences of breach thereof. And lex loci protectionis governs non-contractual aspects such as existence, validity and protection of the right to the trade mark itself. Sometimes it is difficult to label certain issues, like the licensee’s allowed continued use of the mark after the termination of the license, as contractual or non-contractual. The article offers comprehensive analysis of all these questions on the basis of the most recent legislation, court practice and doctrines, both Russian and foreign.
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Szabó, Dávid Zoltán, and Randall Martyr. "Real option valuation of a decremental regulation service provided by electricity storage." Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 375, no. 2100 (July 10, 2017): 20160300. http://dx.doi.org/10.1098/rsta.2016.0300.
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This paper is a quantitative study of a reserve contract for real-time balancing of a power system. Under this contract, the owner of a storage device, such as a battery, helps smooth fluctuations in electricity demand and supply by using the device to increase electricity consumption. The battery owner must be able to provide immediate physical cover, and should therefore have sufficient storage available in the battery before entering the contract. Accordingly, the following problem can be formulated for the battery owner: determine the optimal time to enter the contract and, if necessary, the optimal time to discharge electricity before entering the contract. This problem is formulated as one of optimal stopping, and is solved explicitly in terms of the model parameters and instantaneous values of the power system imbalance. The optimal operational strategies thus obtained ensure that the battery owner has positive expected economic profit from the contract. Furthermore, they provide explicit conditions under which the optimal discharge time is consistent with the overall objective of power system balancing. This paper also carries out a preliminary investigation of the ‘lifetime value’ aggregated from an infinite sequence of these balancing reserve contracts. This lifetime value, which can be viewed as a single project valuation of the battery, is shown to be positive and bounded. Therefore, in the long run such reserve contracts can be beneficial to commercial operators of electricity storage, while reducing some of the financial and operational risks in power system balancing. This article is part of the themed issue ‘Energy management: flexibility, risk and optimization’.
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Rabello, A. M. "Renunciation of Right and Remission of Debt in Comparative and Israeli Law." Israel Law Review 21, no. 3-4 (1986): 388–424. http://dx.doi.org/10.1017/s0021223700009201.
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Renunciation and remission are not comprehensively treated in the new Israeli legislation. And although the legislature has referred to these terms in the course of its legislation, they are nowhere defined.The first reference to the terms, chronologically speaking, is in sec. l(c) of the Gift Law, 1968: “A gift may consist in the donor's renunciation of a right against the donee or in the donor's remission of an obligation of the donee towards him”.In the chapter treating of “Several Debtors and Creditors”, the Contracts (General Part) Law, 1973, provides an enlightening reference to the terms under discussion. Sec. 55(c) states: “If the creditor discharges one of the debtors of the whole or part of the obligation - by way of waiver, remission, compromise or otherwise - the other is discharged to the same extent unless a different intention appears from the discharge”. Thus we have before us a list of terms (renunciation, waiver, remission, compromise, discharge) that often appear in modern codices as factors that terminate a debt by means other than performance.
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Ewing, Bradley T., Charles M. North, and Beck A. Taylor. "The Employment Effects of a “Good Cause” Discharge Standard in Montana." ILR Review 59, no. 1 (October 2005): 17–33. http://dx.doi.org/10.1177/001979390505900102.
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With passage of a 1987 statute, Montana became the only state to adopt a “good cause” standard for discharge of employees with contracts of unspecified duration. The new statute was a legislative response to a series of Montana Supreme Court cases, starting in 1980, that gave otherwise at-will employees a broad right to sue for wrongful discharge. Estimating a policy intervention model using monthly time-series data on Montana employment, the authors find that the seminal Montana wrongful discharge case reduced annual employment growth in Montana by 0.46 percentage points, and that the “good cause” statute restored the original growth rate. While the firing costs literature would suggest that employment should fall following implementation of a heightened discharge standard, the contrary result in Montana is likely due to important procedural and other limitations imposed by the new statute on discharged employees' legal recourse.
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Wieczorek, Mariusz. "Dualny charakter zatrudnienia dyrektora instytutu Sieci Badawczej Łukasiewicz." Studia z zakresu Prawa Pracy i Polityki Społecznej 31, no. 2 (May 29, 2024): 135–42. http://dx.doi.org/10.4467/25444654spp.24.011.19486.
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The directors of Łukasiewicz Research Network institutes and their deputies are both the employees of a Network institute and individuals hired under management contracts. The legislator has selected this dual employment model involving two legal relationships. One is a relationship of employment based on appointment, the other a civil relationship of employment based on a contract of Network institute management. The employment model of a Network institute director is opposed to the view, established in the doctrine and judicial decisions, which treats as unacceptable using two grounds for work of the same type. The directors of Network institutes discharge their duties under their appointment, which involve management in the sense prescribed by not only labour legislation but also management sciences. As a result, it should be recognised there are no activities that could form the object of a civil contract to manage a Łukasiewicz Research Network institute. This suggests a need to amend the Łukasiewicz Research Network Act in such a way as to repeal the provisions stipulating institute management contracts.
Dissertations / Theses on the topic "Discharge of contracts"
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Murphy-Sweet, Philip A. "Analysis of General Accounting Office, Armed Services Board of Contract Appeals, and Federal Court of Claims decisions on disputes involving performance specifications." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02sep%5FMurphy%5FSweet.pdf.
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Berg, Daniel Friedrich. "Die Rückabwicklung gescheiterter Verträge im spanischen und deutschen Recht : eine rechtsvergleichende Untersuchung unter besonderer Berücksichtigung des Einheitsrechts /." Frankfurt am Main [u.a.] : Lang, 2002. http://www.gbv.de/dms/ilmenau/toc/346976421.PDF.
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Alhowaimil, Ibrahim Saad. "Frustration of performance of contracts : a comparative and analytic study in Islamic law and English law." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/8532.
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This thesis is an assessment of the position of Islamic law and English law regarding the doctrine of the frustration of the contract. The thesis gave in the first general view about Islamic law and Saudi legal system, also about the contract in Islamic law in general. This study provides a detailed and critical account of the principles of frustration of contract law which operate under Islamic law and English law, where appropriate, identifies and critically evaluates the differences between the principles of frustration of contract which operate respectively under Islamic law and English law and to recognize the effect of the frustration on the performance of the contract. In the case of the absence of theory of frustration of contract in Islamic Law, an attempt will be made to create a complete doctrine of frustration of contract. Researcher discussed the frustration of contract in Islamic Law. In the case of the absence of theory of frustration of contract in Islamic Law, an attempt will be made to create a complete theory of frustration of contract in Islamic law. This is recognised owing to the fact that most cases of the application of frustration fall under the doctrine of impossibility. Impossibility can be regarded as taking place ‘when there supervening events without default of either party and for which the contract makes no sufficient provision which so significant changes the nature, if the cases where impossibility relates to the subject-matter of contracts or relates to the parties, subjective or objective impossibility. This study discusses the issue of Frustration of contract due to external factors covering cases of legal impossibility. This study examines the discharge of contract if there is circumstances do not make the performance impossibility but became difficult to perform such as impracticability and frustration of purpose. It will also look in some detail at the limitations and narrow scope of the doctrine of frustration, and also discuss contractual parties’ sometimes preferred alternatives, such as drafting force majeure clauses and hardship clauses.
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Uhlenbrock, Inga. "Die Lösungsrechte des Versicherers bei Verletzung der vorvertraglichen Anzeigepflicht durch den Versicherungsnehmer : unter besonderer Betrachtung der Berufsunfähigkeitsversicherung /." Frankfurt am Main [u.a.] : Lang, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494994010.pdf.
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Guilhen, Isabelle. "L'après-contrat." Thesis, Université Clermont Auvergne (2017-2020), 2020. http://theses.bu.uca.fr/nondiff/2020CLFAD010_GUILHEN.pdf.
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Le contrat est formé pour accomplir une opération économique puis s'éteint. Or, de nombreuses autres formes juridiques se développent dans le temps à sa suite. Celles-ci traitent d'intérêts résiduels issus du contrat ou des difficultés que son exécution a rencontrées. Quoiqu'en rapport étroit avec l'expérience contractuelle, ces formes ne peuvent davantage rester attachées à la notion de contrat puisqu'elles en dépassent le cadre et le postulat de départ. Au contraire, elles se réunissent sous l'égide d'une autre notion, l'après-contrat. En effet, elles arborent des caractéristiques communes et subissent les mêmes altérations au niveau de leurs régimes juridiques. Malgré leur grande variété (clause, acte unilatéral, effet légal, régime de responsabilité ou de garantie), ces formes juridiques sont soumises aux deux sources primordiales que sont la loi et la volonté. Préposées à la liquidation du passé et à la préparation de l'avenir, ces formes juridiques accomplissent les mêmes fonctions : elles évaluent la situation résiduelle instable laissée par le contrat et la transforment au cours de la phase postcontractuelle jusqu'à la stabiliser. Ainsi décrite, la notion d'après-contrat est à la fois substantielle et fonctionnelle. Elle dispose d'un régime juridique autonome. Quelles que soient les raisons de l'extinction du contrat, il est possible de reconnaître un fait générateur qui éteint les obligations principales contractuelles et engendrent les obligations postcontractuelles. Un choix doit être opéré entre les différentes formes postcontractuelles à la disposition des parties à l'après-contrat. Quelle que soit la forme choisie, l'effet de l'après-contrat peut se produire. Il s'agit d'une force contraignante qui varie en fonction de l'écoulement du temps et qui impose aux parties une norme spécifique de comportement. L'après-contrat s'éteint à son tour lorsque sa mission est accomplie, c'est-à-dire lorsque tous les risques émanant du contrat initial ont été neutralisés et lorsque les parties sont totalement libérées ou au contraire lorsqu'elles sont prêtes à s'engager de nouveauThe contract is set to perform an economic operation and then expires. However, many other legal forms evolve over time as a result. These deal with remaining interests have been arised from the contract or difficulties encountered in its execution. Although they are closely related to contractual experience, these forms cannot remain attached to the notion of contract, since they go beyond the framework and the initial posture of the contract. On the other hand, they come together under the authority of another principle, the post-contract. Indeed, they share common elements and suffer from the same adjustments in their legal regime. Despite their great variety (clause, unilateral act, legal effect, regime of liability or guarantee), these legal forms are subject to the two primary sources of law and will. Dedicated to the past’s liquidation and responsible for the future, these legal forms which perform the same functions : are measuring the unstable residual situation left by the contract and transform it during the postcontractual phase until it is stabilized. Thus described, the notion of post-contract is both substantial and functional. It has an independent legal regime. Regardless the reasons for the end of the contract, it is possible to recognize a generative fact that extinguishes the main contractual obligations and leads to the postcontractual obligations. A choice must be made between the different postcontractual forms available to the parties at the post-contract. Whichever form is chosen, the effect of the post-contract may occur. It is a restrictive force that fluctuates with the passage of time and which imposes a specific rule of behavior on the parties. The post-contract expires as its own turn when its purpose has been fulfilled, i.e. when all the risks emanating from the initial contract have been neutralized and when the parties are fully discharged or, on the opposite side, when they are ready to commit themselves again
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Diamond, Mark R. "The effect of saccades on visual sensitivity and time perception." University of Western Australia. School of Psychology, 2003. http://theses.library.uwa.edu.au/adt-WU2003.0038.
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Considerable evidence indicates that visual sensitivity is reduced during saccadic eye movement. A central question has been whether saccadic suppression results from a non-visual central signal, or whether the obligate image motion that accompanies saccades is itself sufficient to mask vision. In the first of a series of experiments described here, the visual and non-visual effects of saccades were distinguished by measuring contrast sensitivity to luminance modulated low spatial frequency gratings, at 17 cd·m¯² and 0.17 cd·m¯², in saccade conditions and in conditions in which saccade-like image motion was produced by the rotation of a mirror but when observers’ eyes were kept still. The time course of suppression was examined by making measurements from well before image motion began until well after it had ended. A tenfold decrease in contrast sensitivity was found for luminance-modulated gratings with saccades, but little suppression was found with simulated saccades. Adding high contrast noise to the visual display increased the magnitude and the duration of the suppression during simulated saccades but had little effect on suppression produced by real saccades. At lower luminance, suppression was found to be reduced, and its course shallower than at higher luminance. Simulated saccades produced shallower suppression over a longer time course at both higher and lower luminance. In a second experiment the time course of contrast sensitivity to chromatically modulated gratings, at 17 cd·m¯², was examined. No suppression was found; rather there was some evidence of an enhancement of sensitivity, both before and after saccades, relative to fixation conditions. Differences in the effects of real and simulated saccades in the magnitude and time course of sensitivity loss with luminance modulated gratings suggest that saccadic suppression has an extraretinal component that acts on the magnocellular system; the pattern of enhancement found in the later experiment suggests a selective favouring of the parvocellular system both immediately prior to and immediately after saccades. The possibility that the degree of enhancement in sensitivity varies across the visual field was examined using spatially localized stimuli (either high spatial frequency chromatically modulated gratings or letter combinations). Sensitivity was found to decrease at the initial fixation point during the 75 ms prior to saccadic onset and simultaneously to improve at the saccadic target. In the immediate post-saccadic period, sensitivity at the saccadic target was found to exceed that which had been manifest at the initial fixation point prior to saccades, suggesting that post-saccadic enhancement may improve the temporal contrast between one fixation and the next. The final experiments investigated the possibility that our sense of continuity across saccades (as opposed to stability) is influenced by saccade-induced errors in locating events in time. The results of these experiments suggest that saccades can result in errors in judging (a) the time at which external events occur relative to saccadic onset, (b) the temporal order of visual events, and (c) the magnitude of temporal intervals. It is concluded that apparent time is generally foreshortened prior to saccades. This might be due to selective suppression of magnocellular activity and might function to hide saccades and their effects from our awareness. A speculative synthesis is presented based on the idea that recurrent feedback between the neocortical and cortical structures on the one hand, and the thalamic nuclei on the other, has special importance for perception around the time of saccades
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Siri, Aurélien. "Le mutuus dissensus : notion, domaine, régime." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32054.
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Le mutuus dissensus est une locution latine de droit positif français. Elle est utilisée par la doctrine civiliste depuis la fin du XIXème siècle pour désigner une notion fondamentale du droit des conventions. La notion juridique de mutuus dissensus peut être définie comme la convention par laquelle toutes les parties consentent à la révocation de la convention qu’elles ont conclue antérieurement. La notion de mutuus dissensus présente une unité. Elle repose sur la réunion de deux éléments constitutifs essentiels. Le premier est une procédure classique : une convention. La convention de mutuus dissensus est une véritable convention extinctive plutôt qu’un nouveau contrat identique en sens inverse du contrat révoqué. Le second est un effet de droit spécifique : la révocation. La révocation par mutuus dissensus est plutôt une résiliation du contrat opérant uniquement pour l’avenir qu’une prétendue résolution d’un contrat à effet rétroactif. La notion de mutuus dissensus a un domaine très large en droit positif. La révocation par mutuus dissensus est un principe général du droit des conventions fondé sur l’article 1134, alinéa 2, du Code civil, qui a vocation à s’appliquer à toutes les conventions et dans toutes les matières. La notion de mutuus dissensus détermine un régime juridique spécifique. Les parties sont libres de déterminer les effets de la révocation par mutuus dissensus. Le principe de la liberté des parties est limité par l’ordre public. La sécurité des tiers est assurée par une protection générale et des protections spéciales reposant principalement sur le mécanisme de l’inopposabilitéMutuus dissensus is a latin expression in the French positive law. It has been used by civil doctrine since the end of the nineteenth century to designate a basic notion of Contract Law. The juridic notion of mutuus dissensus may be defined as an agreement between all the parties to rescind their precedent contract. The notion of mutuus dissensus has an unity. It stands on two essentials constituent elements. The first one is a classical procedure: an agreement. Mutuus dissensus agreement is a real subsequent agreement to end a contract, rather than a new identical contract but opposite to the rescinded contract. The second one is an effect of specific right: the rescission. Rescission by mutuus dissensus is the termination of a contract for the future rather than a supposed discharge of a contract with a retroactive effect. The notion of mutuus dissensus has a very wide field in positive law. Rescission by mutuus dissensus is a general principle of law of contracts based on section 1134, subsection 2, of the French civil code, which is to apply to every contract and in every subject. The notion of mutuus dissensus determines a specific juridical system. Parties are free to decide the effects of the rescission by mutuus dissensus. The principle of freedom of parties is limited by law and order. The protection of third parties is ensured by a general protection and special protections which limit the effects of the rescission of contract by mutuus dissensus
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Vambe, Beauty. "A comparative analysis of cancellation, discharge and avoidance as a remedy for breach of contract in South African law, English law and the Convention for International Sale of Goods (CISG)." Diss., 2016. http://hdl.handle.net/10500/21717.
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The aim of the thesis was to critically compare termination of contracts in South Africa,
England and the CISG. It was found out that South Africa prefers to use the term cancellation
because it is a remedy of last resort. The problem with cancellation is that is a drastic step of
bringing the transaction to an abrupt and premature end, which is only used when a material
breach occurs. English law uses the term discharge as it refers to the ending of the obligations
under the contract when a breach occurred and represents the point at which one party is no
longer bound by its’ contractual obligations and claims damages. Chapter 3 argued that
though discharge goes beyond cancellation it does not cater for diverse domestic rules which
need uniform international laws. Chapter 4 discussed and argued that avoidance is a term that
was chosen by the CISG to end a contract when a fundamental breach occurs. There were
problems on interpretation of terms and use of diverse domestic rules. The advantage of the
term avoidance is that it is a technical term adopted and given a uniform meaning in the
CISG where interpretation of terms and diverse domestic rules did not apply. Avoidance
furthermore comprised concepts of rescission and termination. From the above it was argued that South Africa needs to develop new terms for termination of a contract and create new laws along the lines of the CISG.Private Law
LL. M.
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Wu, Yi-Chun, and 吳毅群. "Right to serve in public service of administrative contract between right of equality conflict-as Elimination system of Incompetent Discharge of Volunteer Military Servicemen." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/9m99au.
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碩士國立高雄大學
政治法律學系碩士班
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Abstract Nowadays in Taiwan, the connotation of the term “armed forces,” is by no means complimentary, if not always derogatory. The reason can be of a legal nature, since it is stipulated in Article 138 of the R.O.C. Constitution that armed forces shall be loyal to the country and protect its people in such ways that transcend their personal, geographic and political connections. Trade Union Law in Taiwan also denies the rights to form trade union by military personnel of active duty and employees of the firearms industry belonging to or supervised by the Ministry of National Defense. Consequently, armed forces in Taiwan have become innately disadvantaged since they are deprived of the right to defend themselves, in words or actions, against critics and attacks. Regardless how relevant such articles in constitution and related laws, drafted long time ago in a different social context, may be to mainstream values of the society today, the mere fact that military duty is essentially a form of legal contact between people and the state under public law begets the question: Why military personnel alone are deprived of freedom of expression as their basic legal rights to speak and stand for their right to work? The main business of armed forces is warfare; the priority of warfare is victory; and the essence of victory is strength, as is described in the Art of War. Across the Taiwan Strait, at the 19th National Congress of Chinese Communist Party, Chinese President Xi Jinping called for “a powerful upgrade of war preparedness,” and “a total mobilization of armed forces for military training,” so as to establish armed forces that can be mobilized to fight and win on demand, which is in a sharp contrast to the previous aim of developing the military capacity to fight and win. In Taiwan, on the other hand, the strategic doctrine for armed forces as proclaimed by the national leader, from Ma Yingjiou’s “small but strong, compact, and agile” to Tsai Yinwen’s “I am the supreme commander of armed forces, and from now on the honor and shame of the armed forces shall also be mine to bear,” has been so perplexing regarding why and for whom the armed forces are fighting. The nationalization of the armed forces, an objective that all countries strive for, can be achieved simply by “adherence to constitution and administration by law.” In reality, the leadership of the Ministry of National Defense tends to give in to pressure from the society, aiming for nothing but pleasing politicians by following their opinions. This has caused subsequent times of hardship within the armed forces and led to a worrisome state, in which the pride of the soldiers is strangled and the supreme command of the armed forces abandoned. In light of the adverse working conditions and hostile social settings, one wonders how many young people with genuine concerns for the country and its people would opt for military service over a civil career. Influenced by the campaigns for the enlist system for military service, the quality of new military recruits has been on a continuous decline. It is both perplexing and paradoxical that while the traditional notion, “No worthy men will join the army,” still prevails in Taiwan, social expectations on the combat capabilities of the soldiers remain high. If the military recruitment policy aims to attract talents and eliminate the undesirable, no constraints should be imposed on freedom of employment for military personnel. This study begins with a preliminary investigation into the current system of eliminating and decommissioning military personnel unfit for active duty and then analyzes a practical issue: Enlisted military personnel would rather opt out than continue their service. The next step is to propose a concrete, feasible solution for the system of eliminating and decommissioning enlisted military personnel unfit for active duty in accordance with relevant laws and regulations like Act of Military Service for Officers and Noncommissioned Officers of the Armed Forces, Provisional Act of Promoting Enlist Military Service, Regulations of Implementing Act of Employment for Military Service for Officers and Noncommissioned Officers of the Armed Forces, Rules of Compensation by Enlist Soldiers Unfit for Active Duty, so as to protect the rights and interests of enlisted military personnel while improving personnel performance and enhancing administration effectiveness, thereby effectively advancing the development of the enlist system for military service. This study focuses on the rationale for national military service and its planning, attitudes and approaches of concerned institutions and agencies to such cases, and possible directions for legislative amendments in four aspects: 1. Understanding the merits of a system of eliminating and decommissioning military personnel unfit for active duty under the current enlist system, 2. Understanding the legal status of a contract signed between the agency of enlisted military service and the person intending to provide professional military service under the current national defense system, 3. Collecting theories and discourses of remedy systems, the organizational structure and practices of responsible agencies, and related legislative amendments in recent years in case of conflicts with basic rights of the people in the process of implementing the enlist system by a responsible agency, and 4. Conducting literature review, analyzing data related to the enlist system in recent years, and organizing in-depth interviews with related personnel to derive and analyze correlations between key variables, so as to explore feasible legislative amendments under the existing enlist system and to provide recommendations on the future development of the Ministry of National Defense and its affiliated agencies.
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Bém, Jiří. "Zánik závazků jednostranným právním jednáním." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-348915.
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It is now more than two years since the new Civil Code (OZ), which unified the previous predominantly two-way regulation of the discharge of obligations in one single codex, became effective. As a follow-up to this legally significant event, the focus of my PhD thesis (dissertation) has been on analyzing the resulting changes in comparison with the foregoing legal regulation of the Civil Code and the Commercial Code, including a deliberation on whether such changes have been positive or, alternatively, whether the new regulation can be reproached for certain shortcomings. Although the regulation of OZ which deals with the termination of obligations due to unilateral legal act (such as satisfaction/fulfillment of an obligation (in Czech: "splnění"), deposition in court custody (in Czech: "složení do soudní úschovy"), withdrawal from a contract (in Czech: "odstoupení od smlouvy"), contract cancellation fee (in Czech: "odstupné"), cancellation/termination of a contract by a notice of cancellation/termination (in Czech: "výpověď smlouvy"), and unilateral set-off (in Czech: "jednostranné započtení")) mostly follows up the preceding regulation, it also introduces certain new elements. These new elements evidently intended both to remove certain issues of smaller relevance resulting from the current...
Books on the topic "Discharge of contracts"
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John, Birds, Bradgate Robert, Villiers Charlotte, and University of Sheffield. Institute for Commercial Law Studies., eds. Termination of contracts. London: Wiley Chancery, 1995.
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Bhadbhade, Nilima. Contract law in India. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.
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Bhadbhade, Nilima. Contract law in India. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.
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Nāṣir, ʻAbd al-Mahdī Kāẓim. al-Iqtiṣād fī faskh al-ʻaqd: Dirāsah muqāranah. al-Qāhirah: al-Markaz al-ʻArabī lil-Nashr wa-al-Tawzīʻ, 2023.
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Lao dong he tong dan fang jie chu zhi du yan jiu: Study and use on the unilateral cancellation system of labor contract. Beijing Shi: Fa lü chu ban she, 2009.
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Müller, Christopher. Arbeitsrechtliche Aufhebungsverträge: Möglichkeiten und Grenzen der einvernehmlichen Beendigung von Arbeitsverhältnissen. Baden-Baden: Nomos, 1991.
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Ralston, Robert. The principles of the law relating to the discharge of contracts. Littleton, Colo: Rothman, 1997.
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Server, Rafael Verdera. Inadempimento e risoluzione del contratto. Padova: CEDAM, 1994.
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R. H. J. van Bijnen. Aanvullend contractenrecht. Den Haag: Boom Juridische Uitgevers, 2005.
Find full textBook chapters on the topic "Discharge of contracts"
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Ashworth, Allan, and Srinath Perera. "Discharge of contracts." In Contractual Procedures in the Construction Industry, 29–31. Seventh edition. | Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.1201/9781315529059-3.
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Hough, Tracey, and Ewan Kirk. "Discharge of contract (1)." In Contract Law, 329–61. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315678283-11.
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Hough, Tracey, and Ewan Kirk. "Discharge of contract (2)." In Contract Law, 363–87. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315678283-12.
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Cooper, Tracey, and Ewan Kirk. "Discharge of contract (1)." In Contract Law, 349–81. 2nd ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003141266-11.
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Cooper, Tracey, and Ewan Kirk. "Discharge of contract (2)." In Contract Law, 383–408. 2nd ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003141266-12.
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Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. "Contract (4): discharge of a contract." In Business Law, 169–87. Fourth edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429297694-9.
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McKendrick, Ewan. "Performance and discharge of the contract." In Contract Law, 319–21. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-07873-5_18.
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McKendrick, Ewan. "Performance and Discharge of the Contract." In Contract Law, 337–40. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14657-4_18.
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McKendrick, Ewan. "Performance and discharge of the contract." In Contract Law, 355–57. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60926-7_19.
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Major, W. T. "Breach of Contract and Discharge." In Basic English Law, 174–89. London: Macmillan Education UK, 1990. http://dx.doi.org/10.1007/978-1-349-20588-2_13.
Full textConference papers on the topic "Discharge of contracts"
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Baldwin, N. D. "Remediating Sellafield: A New Focus for the Site." In ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4815.
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The structure of the ownership and management of nuclear liabilities on civil sites in the United Kingdom is undergoing fundamental change. The UK Government will take responsibility for the liabilities on the UKAEA, BNFL Sellafield and Capenhurst sites and the Magnox Generation sites. When fully implemented the accountability for long term strategy will rest with the new Government Nuclear Decommissioning Authority (NDA), and contracts will be placed on M&O contractors to manage the site and implement the liabilities discharge plans. At Sellafield whilst the commercial reprocessing and MOX contracts continue, it is clear that the overall focus of the site has changed to remediation. Until the NDA is established the task of undertaking the planning is the responsibility of BNFL. To address this task the Site Remediation Team has been established. The production of the Sellafield Lifecycle Baseline Plan requires the existing long term decommissioning and waste management plans (primarily produced for provisioning purposes) together with several other specific strategies to be combined and developed into a co-ordinated and optimised plan for the remediation of the Sellafield Site, recognising the ongoing reprocessing, MOX manufacture and long term fuel storage activities. An important principle within the plan is to achieve early hazard reduction whilst demonstrating value for money. The paper will address the scale of the remediation challenge and the process being followed to develop the necessary strategy. The paper will appeal to those involved in managing remediation of large, complex and interdependent nuclear sites.
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Jiang, Meirong, and Xiaohan He. "A Field Study on the Marine Environmental Impact of the Drilling Fluid’s Discharge." In ASME 2019 38th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2019. http://dx.doi.org/10.1115/omae2019-96231.
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Abstract In view of the inadequate research for the far-field effect of the drilling fluid’s discharge, a field study has been carried out to investigate the discharge impacts of a water-based fluid on the marine environment. According to an offshore oilfield exploitation project in Bohai Sea, the waste drilling fluid is discharged from pipes pointed vertically downward into the ocean. A relative large tracking range at distances up to 2,000 meters from the discharge point is determined in the light of the results from the previous study and the environment impact assessment report. The concentration of the suspended solids in different time, distances and depths are tracked and monitored by the field measurement. The suspended solids concentration and their distribution characteristics are analyzed from the different stations during the discharge and recovery phase and the contrast stations. From this field monitoring of the drilling fluid’s discharge, the average concentrations for the surface, middle and bottom layers are evenly distributed along the water depth. The maximum concentration of suspended solids monitored in the discharge and recovery period are smaller than that in the contrast station. Meanwhile, the average monitoring concentrations of suspended solids in the surface, middle and bottom layers during the discharge and recovery period are also all lower than the corresponding ones from the contrast station. Within the range of this monitoring, the discharged drilling fluid has been rapidly diluted and spread, and there is no phenomenon for the suspended solids concentration in excess of the primary standard. Therefore the monitoring results in the discharge and recovery period can be attributed to the natural fluctuation of the background value. In another word, the influence range of the drilling fluid’s discharge is no more than 200 meters under the current condition. This study can provide some practical reference for the environmental evaluation of the drilling fluid’s discharge in the offshore petroleum engineering.
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Robson, J. G. "Neural coding of contrast in the visual system." In OSA Annual Meeting. Washington, D.C.: Optica Publishing Group, 1991. http://dx.doi.org/10.1364/oam.1991.thm1.
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The majority of retinal ganglion cells produce a continuous discharge even in the absence of any specific visual stimulus. The rate of this discharge is more or less independent of the mean light level but is modulated by any change in the relative strengths of stimulation of the opponent center and surround regions of the receptive field. Stimuli of low contrast modulate the firing rate in proportion to stimulus contrast (there is no threshold nonlinearity) and the detectability of any modulation is limited only by the irregularity of the discharge. At high contrasts there may be some degree of response compression.
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Zare, Saeid, and Omid Askari. "Instability Study of Repetitive Nanosecond Pulsed Discharge Plasma in a Plasma Assisted Burner." In ASME 2020 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/imece2020-24304.
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Abstract High velocity flows, as in aerospace applications require special techniques to stabilize and ignite diffusion flames. Some techniques focus on changing parameters like geometry, conditions of the flow, or fuel composition, but these techniques are usually too expensive or impossible due to major changes in the system. On the other hand, some techniques focus on generating a region of charged/excited species and active radicals upstream of the flame. That can substantially enhance the flame stability even under high strain rate or at lean-limit-flammability conditions. Repetitive nanosecond pulsed (RNP) discharge plasma is a nonthermal plasma technique with some remarkable potential to improve stability and ignitability of high velocity diffusion flames. This technique was used in previous papers in a plasma assisted coaxial inverse diffusion burner and showed some promising results by reducing the lift-off height and delaying detachment and blowout conditions. This burner is prepared to employ the discharges at the burner nozzle and simulate a single element of a multi-element methane burner. However, effectiveness of high-voltage high-frequency RNP plasma was limited by the mode of the discharge. During the tests, three different modes were observed at different combinations of plasma and flow conditions. These three modes are low energy corona, uniformly distributed plasma, and high-energy point-to-point discharge. Among these three, only well-distributed plasma significantly improved the flame. In other cases, plasma deployment was either ineffective or in some cases adversely affected the flame by producing undesirable turbulence advancing blow out. As a result, a comprehensive study of these modes is required. In this work, the transition between these three modes in a jet flame was discussed. It has been expressed as a function of plasma conditions, i.e. peak discharge voltage and discharge frequency. It was shown that increasing flow speed delays increases the voltage and frequency at which transition occurs from low-energy corona discharge to well distributed plasma discharge. Subsequently, the effective plasma conditions are thinned. On the other hand, by increasing the frequency of nanosecond discharges, the chance of unstable point-to-point discharges is decreased. In contrast, the discharge peak voltage causes two different consequences. If it is too low, the pulse intensity is too week that the system will experience no visible plasma discharges or the discharges will not pass the low-energy corona, no matter how high the frequency is. If too high, it will enhance the chance of point-to-point discharges and limits the stabilization outcome of the system. Therefore, an optimal region is found for peak discharge voltage.
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Ramabhadran, R., R. R. Hebbar, R. L. Kashyap, and S. Chandrasekar. "Discharge Quality Estimation and Significant Feature Identification in Micro-Electrical Discharge Machining." In ASME 1997 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 1997. http://dx.doi.org/10.1115/imece1997-1106.
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Abstract We present a method for estimating the quality of a measured discharge train in Micro-EDM processes. In contrast to generic EDM, Micro-EDM is characterized by a higher frequency of discharges and is used for machining smaller features, thus making regulation more difficult. In this paper, a system similar to a fuzzy rule based classification is used to identify good and bad disharges based on discharge quality. In addition to traditional machining quality issues, we include parameters that illustrate the degree of control of the voltage pulse input over the spark gap. To aid the formulation of quick closed loop control schemes for Micro-EDM, a method for identifying the parameter/sensor that separates best the good and bad discharges, is presented. The use of this method in closed loop control schemes for Micro-EDM is discussed.
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Rousseau, Kevin G., and Llewellyn E. Clark. "Pittsfield, Massachusetts Resource Recovery Facility: Part III." In 20th Annual North American Waste-to-Energy Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/nawtec20-7017.
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This paper reviews the thirty year operating history of the Pittsfield Resource Recovery Facility with emphasis on the fifteen year period between 1996 and 2011. It is a sequel to previous papers published by the co-author in the 1982 and 1996 Proceedings of the ASME National Waste Processing Conferences. The first of these reported on the development of the project, waste disposal and steam sales contacts (Pittsfield, Vicon and Crane & Co.), the facility and equipment design, start-up and shakedown. The latter reported on the fifteen year history of operation from 1981–1996 which included a new air pollution control system and a new owner/operator (Energy Answers Corporation, EAC). The author was Project Manager during the latter stages of Energy Answers ownership and is now the Facility Manager of Covanta Pittsfield, which was purchased by Covanta Energy in 2007. The Pittsfield facility is the oldest Covanta Waste to Energy plant operating with the Enercon modular furnace design with separate waste heat recovery boilers. The following topics are discussed: • Ownership of the Pittsfield Resource Recovery Facility and revised contracts. • Process flow, temperature profile, and control system. • Experience and modifications of Processing Equipment. • Materials processed, steam generated, and availability of equipment. • Residue management. • Installation and utilization of atmospheric discharge turbine with 860 KW generator. • Summary of Massachusetts DEP regulations and facility emissions. The reader’s understanding will be enhanced by reviewing the two papers identified above published in the 1982 and 1996 ASME Proceedings.
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Moisan, Michel. "GENERATION AND MODELING OF GASEOUS PLASMAS USING MICROWAVE (MW) POWER." In Ampere 2019. Valencia: Universitat Politècnica de València, 2019. http://dx.doi.org/10.4995/ampere2019.2019.9989.
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In contrast to RF produced plasmas, in the case of microwave plasmas the energy from the electromagnetic (EM) field is communicated only to electrons since ions, being a few thousand times much heavier than electrons, cannot respond to the periodic changes in the direction of the E-field of microwaves (typical frequency range 100 MHz-300 GHz) and therefore cannot gain energy in the EM field. The energy of electrons is essentially transferred to heavy particles either through numerous enough collisions during the E-field period (high enough gas pressures) or through electron-cyclotron resonance (pressures below mTorr) sustaining in this way the gas discharge. This had led to introduce the concept of power absorbed per electron qA and power loss on a per electron basis qL [1]. Under steady-state conditions and when the plasma volume (the volume in which plasma particles recombine and, thus, power is lost) is equal to the volume in which power is absorbed from the MW field, we have the power balance qA = qL, which can be shown to be much informative than the usual global power balance. qA is defined as where n is the electron collision frequency for momentum transfer, w, the wave angular frequency, e/me, the electron charge to mass ratio, and , the mean squared value of the EM E-field. The value of qA (absorbed power) is shown to adjust so as to compensate exactly for qL (power losses), which is thus the dominant power parameter; as a result, the intensity of the maintenance E-field sustaining the discharge comes out as an internal parameter, i.e., it is operator-independent, in contrast to what is generally believed whatever the kind of E-field sustained discharges. Other related features are: i) whenever this can be achieved, the smaller the volume in which power is absorbed with respect to the volume in which it is spent, the higher the intensity of the maintenance E-field: this leads to higher atomic (molecular) excitation rates inside than outside the absorption region (such is the case in micro-discharges); ii) an interesting fact as far as understanding RF and MW discharge properties is concerned is that the value of qL decreases with increasing frequency from the RF domain to that of MWs; iii) similarity laws, initially derived with DC discharges, are generalized to include RF and microwave discharges. For example, qA/p as a function of pR (p is gas pressure and R discharge-tube inner radius) replaces advantageously the widely used E/p vs. pR similarity law since qA is more easily measured than E2 and further it avoids considering the latter as an external parameter, etc.; iv) using the power per electron balance, it can be proved that the EM E-field intensity under electron cyclotron resonance (ECR) condition passes through a minimum, not a maximum, contrary to what is generally claimed; v) the E-field intensity under pulsed regime can be maximized under short enough pulse length and long enough off-time in between.
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Branston, D. W., W. Haas, W. Hartmann, R. Renz, and N. Wenzel. "Thermodynamic Model of Moving Vacuum Arcs on Contrate Contacts." In 2006 International Symposium on Discharges and Electrical Insulation in Vacuum. IEEE, 2006. http://dx.doi.org/10.1109/deiv.2006.357285.
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Yoganandan, Narayan, Frank A. Pintar, Srirangam Kumaresan, Stephen Hargarten, and Anthony Sances. "Dynamic Biomechanics of Penetrating Trauma." In ASME 1996 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 1996. http://dx.doi.org/10.1115/imece1996-1104.
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Abstract The objective of this study was to investigate the biomechanics of penetrating trauma secondary to high velocity projectiles. Tests were conducted using 10 percent ordnance gelatin as a human tissue simulant. Two different types of projectiles were discharged into the gelatin block which was prepared with centrally placed nylon strings. A digital high-speed camera capable of recording up to 40,500 frames per second documented the path and the associated secondary wave effects. The data were analyzed with respect to the entrance and exit velocities, the time-varying velocity in the gelatin, and the penetration profile characteristics including the residual wound involvement. Depending on the design and construction of the projectile, a stark contrast in the dynamic effects was found. Results from these studies have the potential to delineate the biomechanical effects of high velocity projectiles and develop standards to ameliorate trauma secondary to the discharge.
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Polivanov, P. A., and O. I. Vishnyakov. "Efficiency of ionic wind generated by contracted dielectric barrier discharge." In HIGH-ENERGY PROCESSES IN CONDENSED MATTER (HEPCM 2020): Proceedings of the XXVII Conference on High-Energy Processes in Condensed Matter, dedicated to the 90th anniversary of the birth of RI Soloukhin. AIP Publishing, 2020. http://dx.doi.org/10.1063/5.0028696.
Full textReports on the topic "Discharge of contracts"
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Flandreau, Marc. Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, June 2022. http://dx.doi.org/10.36687/inetwp186.
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Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted individual creditors a unilateral right to block payments to other bondholders assenting to a government debt restructuring proposal. This article shows this claim is incorrect. Drawing on novel archival research, it argues that pari passu clauses find one potent historical origin in the operation of a now forgotten sovereign bankruptcy tribunal, the London stock exchange. Under the law of the stock exchange, departure from ratable payments did create a unilateral right for individual creditors to interfere with sovereign debt discharges. In fact, ratable distributions provided the touchstone for the stock exchange sanctioned sovereign debt discharge system. What is more, sophisticated contract drafters availed themselves of the logic. The result was a weaponization of pari passu clauses, and their inscription into sovereign debt covenants in the 19th century. The article concludes that the modern debate on the role of clauses in sovereign debt contracts cannot be held without thorough reconsideration of the history of sovereign bankruptcy.
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Jalkanen, Jukka-Pekka, Erik Fridell, Jaakko Kukkonen, Jana Moldanova, Leonidas Ntziachristos, Achilleas Grigoriadis, Maria Moustaka, et al. Environmental impacts of exhaust gas cleaning systems in the Baltic Sea, North Sea, and the Mediterranean Sea area. Finnish Meteorological Institute, 2024. http://dx.doi.org/10.35614/isbn.9789523361898.
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Description: Shipping is responsible for a range of different pressures affecting air quality, climate, and the marine environment. Most social and economic analyses of shipping have focused on air pollution assessment and how shipping may impact climate change and human health. This risks that policies may be biased towards air pollution and climate change, whilst impacts on the marine environment are not as well known. One example is the sulfur regulation introduced in January 2020, which requires shipowners to use a compliant fuel with a sulfur content of 0.5% (0.1% in SECA regions) or use alternative compliance options (Exhaust Gas Cleaning Systems, EGCS) that are effective in reducing sulfur oxide (SOx) emissions to the atmosphere. The EGCS cleaning process results in large volumes of discharged water that includes a wide range of contaminants. Although regulations target SOx removal, other pollutants such as polycyclic aromatic hydrocarbons (PAHs), metals and combustion particles are removed from the exhaust to the wash water and subsequently discharged to the marine environment. Based on dilution series of the Whole Effluent Testing (WET), the impact of the EGCS effluent on marine invertebrate species and on phytoplankton was found to vary between taxonomic groups, and between different stages of the invertebrate life cycle. Invertebrates were more affected than phytoplankton, and the most sensitive endpoint detected in the present project was the fertilisation of sea urchin eggs, which were negatively affected at a sample dilution of 1 : 1,000,000. Dilutions of 1: 100,000 were harmful to early development of several of the tested species, including mussels, polychaetes, and crustaceans. The observed effects at these low concentrations of EGCS effluent were reduced egg production, and deformations and abnormal development of the larvae of the species. The ecotoxicological data produced in the EMERGE project were used to derive Predicted No Effect Concentration values. Corresponding modelling studies revealed that the EGCS effluent can be considered as a single entity for 2-10 days from the time of discharge, depending on the environmental conditions like sea currents, winds, and temperature. Area 10-30 km outside the shipping lanes will be prone to contaminant concentrations corresponding to 1 : 1,000,000 dilution which was deemed harmful for most sensitive endpoints of WET experiments. Studies for the Saronikos Gulf (Aegean Sea) revealed that the EGCS effluent dilution rate exceeded the 1 : 1,000,000 ratio 70% of the time at a distance of about 10 km from the port. This was also observed for 15% of the time within a band of 10 km wide along the shipping lane extending 500 km away from the port of Piraeus. When mortality of adult specimens of one of the species (copepod Acartia tonsa) was used as an endpoint it was found to be 3-4 orders of magnitude less sensitive to EGCS effluent than early life stage endpoints like fertilisation of eggs and larval development. Mortality of Acartia tonsa is commonly used in standard protocols for ecotoxicological studies, but our data hence shows that it seriously underestimates the ecologically relevant toxicity of the effluent. The same is true for two other commonly used and recommended endpoints, phytoplankton growth and inhibition of bioluminescence in marine bacteria. Significant toxic effects were reached only after addition of 20-40% effluent. A marine environmental risk assessment was performed for the Öresund region for baseline year 2018, where Predicted Environmental Concentrations (PECs) of open loop effluent discharge water were compared to the PNEC value. The results showed modelled concentrations of open loop effluent in large areas to be two to three orders of magnitude higher than the derived PNEC value, yielding a Risk Characterisation Ratio of 500-5000, which indicates significant environmental risk. Further, it should be noted that between 2018-2022 the number of EGCS vessels more than quadrupled in the area from 178 to 781. In this work, the EGCS discharges of the fleet in the Baltic Sea, North Sea, the English Channel, and the Mediterranean Sea area were studied in detail. The assessments of impacts described in this document were performed using a baseline year 2018 and future scenarios. These were made for the year 2050, based on different projections of transport volumes, also considering the fuel efficiency requirements and ship size developments. From the eight scenarios developed, two extremes were chosen for impact studies which illustrate the differences between a very high EGCS usage and a future without the need for EGCS while still compliant to IMO initial GHG strategy. The scenario without EGCS leads to 50% reduction of GHG emissions using low sulfur fuels, LNG, and methanol. For the high EGCS adoption scenario in 2050, about a third of the fleet sailing the studied sea areas would use EGCS and effluent discharge volumes would be increased tenfold for the Baltic Sea and hundredfold for the Mediterranean Sea when compared to 2018 baseline discharges. Some of the tested species, mainly the copepods, have a central position in pelagic food webs as they feed on phytoplankton and are themselves the main staple food for most fish larvae and for some species of adult fish, e.g., herring. The direct effect of the EGSE on invertebrates will therefore have an important indirect effect on the fish feeding on them. Effects are greatest in and near shipping lanes. Many important shipping lanes run close to shore and archipelago areas, and this also puts the sensitive shallow water coastal ecosystems at risk. It should be noted that no studies on sub-lethal effects of early 19 life stages in fish were included in the EMERGE project, nor are there any available data on this in the scientific literature. The direct toxic effects on fish at the expected concentrations of EGCS effluent are therefore largely unknown. According to the regional modelling studies, some of the contaminants will end up in sediments along the coastlines and archipelagos. The documentation of the complex chemical composition of EGCS effluent is in sharp contrast to the present legislation on threshold levels for content in EGCS effluent discharged from ships, which includes but a few PAHs, pH, and turbidity. Traditional assessments of PAHs in environmental and marine samples focus only on the U.S. Environmental Protection Agency (EPA) list of 16 priority PAHs, which includes only parent PAHs. Considering the complex PAHs assemblages and the importance of other related compounds, it is important to extend the EPA list to include alkyl-PAHs to obtain a representative monitoring of EGCS effluent and to assess the impact of its discharges into the marine environment. An economic evaluation of the installation and operational costs of EGCS was conducted noting the historical fuel price differences of high and low sulfur fuels. Equipment types, installation dates and annual fuel consumption from global simulations indicated that 51% of the global EGCS fleet had already reached break-even by the end of 2022, resulting in a summarised profit of 4.7 billion €2019. Within five years after the initial installation, more than 95% of the ships with open loop EGCS reach break-even. The pollutant loads from shipping come both through atmospheric deposition and direct discharges. This underlines the need of minimising the release of contaminants by using fuels which reduce the air emissions of harmful components without creating new pollution loads through discharges. Continued use of EGCS and high sulfur fossil fuels will delay the transition to more sustainable options. The investments made on EGCS enable ships to continue using fossil fuels instead of transitioning away from them as soon as possible as agreed in the 2023 Dubai Climate Change conference. Continued carriage of residual fuels also increases the risk of dire environmental consequences whenever accidental releases of oil to the sea occur.
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Cram, Jana, Mary Levandowski, Kaci Fitzgibbon, and Andrew Ray. Water resources summary for the Snake River and Jackson Lake Reservoir in Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway: Preliminary analysis of 2016 data. National Park Service, June 2021. http://dx.doi.org/10.36967/nrr-2285179.
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This report summarizes discharge and water quality monitoring data for the Snake River and Jackson Lake reservoir levels in Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway for calendar year 2016. Annual and long-term discharge summaries and an evaluation of chemical conditions relative to state and federal water quality standards are presented. These results are considered provisional, and may be subject to change. River Discharge: Hydrographs for the Snake River at Flagg Ranch, WY, and Moose, WY, exhibit a general pattern of high early summer flows and lower baseflows occurring in late summer and fall. During much of 2016, flows at the Flagg Ranch monitoring location were similar to the 25th percentile of daily flows at that site. Peak flows at Flagg Ranch were similar to average peak flow from 1983 to 2015 but occurred eleven days earlier in the year compared to the long-term average. Peak flows and daily flows at the Moose monitoring station were below the long-term average. Peak flows occurred four days later than the long-term average. During summer months, the unnatural hydro-graph at the Moose monitoring location exhibited signs of flow regulation associated with the management of Jackson Lake. Water Quality Monitoring in the Snake River: Water quality in the Snake River exhibited seasonal variability over the sampling period. Specifically, total iron peaked during high flows. In contrast, chloride, sulfate, sodium, magnesium, and calcium levels were at their annual minimum during high flows. Jackson Lake Reservoir: Reservoir storage dynamics in Jackson Lake exhibit a pattern of spring filling associated with early snowmelt runoff reaching maximum storage in mid-summer (on or near July 1). During 2016, filling water levels and reservoir storage began to increase in Jackson Lake nearly two weeks earlier than the long-term average and coincident with increases in runoff-driven flows in the Snake River. Although peak storage in Jackson Lake was larger and occurred earlier than the long-term average, minimum storage levels were similar to the long-term average.
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Cao Romero, Julio A., Jorge Reyes-Avendaño, Julio Soriano, Leonardo Farfan-Cabrera, and Ali Erdemir. A Pin-on-Disc Study on the Electrified Sliding Wear of EVs Powertrain Gears. SAE International, March 2022. http://dx.doi.org/10.4271/2022-01-0320.
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In contrast to conventional powertrains from internal combustion engine vehicles (ICEV), the tribological performance of powertrains of electric vehicles (EVs) must be further evaluated by considering new critical operating conditions such as electrical environments. The operation of any type of electric motor produces shaft voltages and currents due to various hardware configurations and factors. Furthermore, the common application of inverters intensifies this problem. It has been reported that the induced shaft voltages and currents can cause premature failure problems in tribological components such as bearings and gears due to accelerated wear and/or fatigue. It is ascribed to effects of electric discharge machining (EDM), also named, sparking wear caused by shaft currents and poor or increasingly diminishing dielectric strength of lubricants. A great effort has been done to study this problem in bearings, but it has not yet been the case for gears. Considering that EVs powertrains can be configurated with an electric motor coupled to a single-speed or multi-speed transmission, it is expected that shaft currents can also affect gears to some extent. The pin-on-disc test has been widely used to study sliding wear of gear materials under comparable or realistic operating conditions. This accelerated test is effective for screening materials, lubricants and operating conditions allowing evaluations of their friction and wear properties. However, it has not been implemented for studying gear materials under electrified environments. Thus, this paper aims to explore the friction coefficient and wear of gear materials under non-electrified and electrified sliding in a pin-on-disc tester applying typical of EVs powertrain shaft currents during sliding. The tests were carried out at two different DC currents under comparable gear dry and lubricated sliding contact conditions. Friction coefficient, wear volumes and morphologies were evaluated and reported in this work.
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Saleem, Athary, Saqer Alenezi, Nimer Al-Shadidi, and Khaleel Mohammad. Pyogenic Hepatic Abscess Formation after Roux-En-Y Gastric Bypass: A Case Report and Literature Review of an Infrequently Encountered Postoperative Complication. Science Repository, April 2024. http://dx.doi.org/10.31487/j.ajscr.2024.01.03.
Full textAbstract:
Introduction and Importance: Pyogenic liver abscess (PLA) is an uncommon postoperative complication of Roux-en-Y gastric bypass (RYGB). Radiological investigations such as abdominal ultrasonography (USG) and computed tomography (CT) are crucial to evaluate and diagnose intra-abdominal abscesses, especially hepatic collections. Case Presentation: A 66-year-old female patient with multiple comorbidities, including urticaria requiring monoclonal antibody therapy (humera). She underwent an uneventful RYGB to treat her weight regain and reflux after a prior sleeve gastrectomy and presented with diffuse abdominal pain. This occurred on postoperative day 23 after the patient was discharged home. Patient evaluation was initiated by physical examination, laboratory investigations, and radiological diagnostic tools. Chest and abdominal X-rays together with abdominal ultrasonography were unremarkable. Then, abdominal computed tomography (CT) scans with IV contrast were done, and a liver abscess was detected. Image-guided percutaneous transhepatic liver abscess drainage through pigtail drain placement was performed. The patient’s response was evaluated by serial abdominal CT scans. The liver abscess was successfully treated by percutaneous drainage for 5 weeks and IV antibiotic therapy. Clinical Discussion: PLA is a rare entity that might occur after gastro-intestinal surgery such as Roux-en-Y gastric bypass. Patients with a history of immunosuppressive therapy may be at increased risk of this complication. This life-threatening complication can be prevented by treating liver abscesses early on by utilizing imaging-guided drainage and intravenous antibiotics. Conclusion: Due to the unusual etiologic origin of hepatic abscess post-RYGB, we report the case of a 66-year-old female with diffuse abdominal pain, which was found to be caused by PLA.
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Raymond, Kara, Laura Palacios, Cheryl McIntyre, and Evan Gwilliam. Status of climate and water resources at Chiricahua National Monument, Coronado National Memorial, and Fort Bowie National Historic Site: Water year 2019. National Park Service, May 2022. http://dx.doi.org/10.36967/nrr-2293370.
Full textAbstract:
Climate and hydrology are major drivers of ecosystems. They dramatically shape ecosystem structure and function, particularly in arid and semi-arid ecosystems. Understanding changes in climate, groundwater, and water quality and quantity is central to assessing the condition of park biota and key cultural resources. The Sonoran Desert Network collects data on climate, groundwater, and surface water at 11 National Park Service units in southern Arizona and New Mexico. This report provides an integrated look at climate, groundwater, and springs conditions at Chiricahua National Monument (NM), Coronado National Memorial (NMem), and Fort Bowie National Historic Site (NHS) during water year (WY) 2019 (October 2018–September 2019). Overall annual precipitation at Chiricahua NM and Coronado NMem in WY2019 was approximately the same as the normals for 1981–2010. (The weather station at Fort Bowie NHS had missing values on 275 days, so data were not presented for that park.) Fall and winter rains were greater than normal. The monsoon season was generally weaker than normal, but storm events related to Hurricane Lorena led to increased late-season rain in September. Mean monthly maximum temperatures were generally cooler than normal at Chiricahua, whereas mean monthly minimum temperatures were warmer than normal. Temperatures at Coronado were more variable relative to normal. The reconnaissance drought index (RDI) indicated that Chiricahua NM was slightly wetter than normal. (The WY2019 RDI could not be calculated for Coronado NMem due to missing data.) The five-year moving mean of annual precipitation showed both park units were experiencing a minor multi-year precipitation deficit relative to the 39-year average. Mean groundwater levels in WY2019 increased at Fort Bowie NHS, and at two of three wells monitored at Chiricahua NM, compared to WY2018. Levels in the third well at Chiricahua slightly decreased. By contrast, water levels declined in five of six wells at Coronado NMem over the same period, with the sixth well showing a slight increase over WY2018. Over the monitoring record (2007–present), groundwater levels at Chiricahua have been fairly stable, with seasonal variability likely caused by transpiration losses and recharge from runoff events in Bonita Creek. At Fort Bowie’s WSW-2, mean groundwater level was also relatively stable from 2004 to 2019, excluding temporary drops due to routine pumping. At Coronado, four of the six wells demonstrated increases (+0.30 to 11.65 ft) in water level compared to the earliest available measurements. Only WSW-2 and Baumkirchner #3 have shown net declines (-17.31 and -3.80 feet, respectively) at that park. Springs were monitored at nine sites in WY2019 (four sites at Chiricahua NM; three at Coronado NMem, and two at Fort Bowie NHS). Most springs had relatively few indications of anthropogenic or natural disturbance. Anthropogenic disturbance included modifications to flow, such as dams, berms, or spring boxes. Examples of natural disturbance included game trails, scat, or evidence of flooding. Crews observed 0–6 facultative/obligate wetland plant taxa and 0–3 invasive non-native species at each spring. Across the springs, crews observed six non-native plant species: common mullein (Verbascum thapsus), spiny sowthistle (Sonchus asper), common sowthistle (Sonchus oleraceus), Lehmann lovegrass (Eragrostis lehmanniana), rabbitsfoot grass (Polypogon monspeliensis), and red brome (Bromus rubens). Baseline data on water quality and water chemistry were collected at all nine sites. It is likely that that all nine springs had surface water for at least some part of WY2019, though temperature sensors failed at two sites. The seven sites with continuous sensor data had water present for most of the year. Discharge was measured at eight sites and ranged from < 1 L/minute to 16.5 L/minute.