Academic literature on the topic 'Uniform commercial code practice handbook'

Purpose The relationship between the owner and an occupier of a commercial property is determined by the lease, inasmuch as it sets out the legally enforceable duties and obligations of each party. However, it is only that, a legal framework; it is not a practical management handbook on how best to operate the premises and generate an amicable business relationship. The purpose of this paper is to consider the role of the lease in reinforcing and disrupting the generation of best practice within real estate management. Design/methodology/approach The paper examines actual leases to understand the service charge and how data pertinent to it is collected, disseminated and interpreted by both parties in carrying out their activities within and about the property. This is then benchmarked against provisions of the Service Charge Code of Practice. Findings Despite a number of incarnations of a code of practice on service charges during the lifetime of the leases examined, the research finds a troublingly small uptake of its ideas within new leases. Practical implications The findings predict future problems in the practical management of multi-tenanted properties, coupled with a call that leases are written to the Code’s requirements. Originality/value No such lease examination has been undertaken to date.

Even though the letter of credit was invented from a long time ago, however, its legal personalities are very new to the Vietnam Legal Framework. The International Chamber of Commerce (``ICC'') has issued principles for the documentary credit which is the Uniform of Customs and Practice (``UCP'') since 1933 and kept updating it until now, the latest version of UCP is UCP 600 which is presented in 2007. However, the UCP has not systematized many aspects of documentary credit yet and ICC considered those problems as subjects of domestic regulations. The diversification in different national laws leads to confusion thus causing many problems to merchants in international trade. Some countries do not have specified codifications to regulate the letter of credit so these countries treat UCP as ``quasi-law'' while other countries have their own legal framework for letter of credit law and even have fraud rules included. It is quite interesting that the United States which is a common law country is the first country to embody the operation of letter of credit in the Uniform of Commercial Code (``UCC'') and regulates the fraud rule within the same Code. This paper will try to explain and compare the principle of independence in the UCP and UCC, clarify the definition and regulations of fraud rule in UCC and evaluate the legal regulations of Vietnam law for the independence principle in a letter of credit.

Purpose To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing transactions, as well as on market practice going forward. Design/methodology/approach This article provides a broad overview of the Hague Securities Convention and the impact of the Convention’s choice of law rules on secured financing transactions in the US involving intermediated securities, including how this deviates from previously applicable laws (such as the Uniform Commercial Code), and provides practical considerations with respect to secured financing transactions. Findings While in most circumstances the Convention provides for the same choice of law as previously applicable laws, there are certain scenarios where the Convention will produce a different result. Market practice with respect to perfecting security interests will likely change to take account of the Convention and to provide the parties with certainty regarding the law applicable to secured transactions. Practical implications The Convention calls for increased diligence with respect to the law governing the account agreement between the debtor and the securities intermediary and whether the securities intermediary has a qualifying office in that jurisdiction. Originality/value Practical guidance from experienced finance lawyers.

Abstract After 40 years of the United Nations Convention on Contracts for the International Sale of Goods (CISG), it is still controversial whether the CISG has been a successful uniform law in practice. It is, nevertheless, evident that the number of ratifications of the CISG has been increasing. This article aims to highlight the important question of whether Iran should implement the CISG. In addition, it argues that irrespective of the possible ratification of the CISG, the Iranian contract law needs to be modernized. In particular, advantages and disadvantages of the possible adoption of the CISG in Iran are explored. This article argues that acceding to the CISG will provide Iran with a number of opportunities, including the promotion of international trade with its trading partners. In proposing a model for the modernization of the Iranian Civil Code (CCI), the author, however, argues that the CISG is not the best option. Instead, the Unidroit Principles of International Commercial Contracts (PICC) is the most appropriate model for reforming the Iranian contract law. This article concludes by suggesting that the combination of the CISG and the PICC is the best way forward for the Iranian legal system.

Abstract Despite the fact that Documentary Letters of Credit are involved in process of International Trade for many centuries, but their legal personality is very new and their life span is much shorter than their existence. In the middle of Eightieth Century, Lord Mansfield introduced legal aspects of LC operation for the first time to the Common Law System. Later, International Chamber of Commerce started to codified regulations regarding international operation of Documentary Letters of Credit in 1933 under the title of Uniform Customs and Practices for Documentary Letters of Credit and updated them constantly up to current date. However, many aspects of LC operation including fraud are not codified under the UCP which subjects them to national laws. Diversified nature of National Laws in different countries can be source of confusion and problem for many businessmen active in international operation of Documentary Letters of Credit. Such differences are more problematic in Common Law countries as a result of following precedent. For Example, legal aspects of International LC transactions under British Law are only based on case law, however, American Law addresses Letter of Credit Operation under Article 5 of Unified Commercial Code. Due to important role of English and American law in practice of international trade, current paper will try to compare their approach to autonomy principle of in LC operation, fraud rule as a recognized exception to it and search for answer to following questions what is definition of fraud, and what are standards of proof for fraud in LC operation, under English and American law?

The article analyzes the concept and legal nature of a transferable letter of credit in the comparative legal aspect. The author compares the legal structure of a transferable letter of credit under the civil code with the legal regulation of a transferable letter of credit under the Uniform Customs and Practice for Documentary Credits (UCP) (2007 edition, ICC publication No. 600).Under the law, transferable letters of credit mean such letters of credit that the payer (applicant) and/or issuing Bank allowed to transfer to the second beneficiaries. The transfer of the letter of credit is executed in two transactions. First, the first beneficiary shall unilaterally declare his will addressed to the transferring Bank where the first beneficiary shall propose to the Bank to change the range of possible beneficiaries under the letter of credit. The will of the first beneficiary should be qualified as a unilateral transaction on behalf of the first beneficiary concerning the full or partial exemption of the issuing Bank (confirming Bank) from the original offer (opening of the letter of credit), if the transfer of the letter of credit to the second beneficiaries is made. Second, a transferring Bank makes a unilateral transaction to transfer the letter of credit to the second beneficiaries. This transaction is made by the transferring Bank on behalf, at the expense and in the interests of the issuing Bank (confirming Bank) on the basis of the authority granted under terms of the letter of credit. A unilateral transaction of the transferring Bank concerning the transfer of a letter of credit is an offer made on behalf of the issuing Bank (confirming Bank), and brought to the attention of the second beneficiaries (beneficiary) with a proposal to conclude a contract for the payment (acceptance and payment of a bill of exchange) against the relevant financial and/or commercial documents.At the same time, the transfer of the letter of credit leads to a change in the original offer to open a letter of credit to the first beneficiary in terms of a range of possible future acceptors.

<p><strong>Abstract.</strong> This paper is focussed on the work and remit of the ICA’s Commission on Education and Training (CET), presenting a reflection by the retiring chair of the current issues which affect the work of Commission members and all engaged in current education and training of students of cartography around the world.</p><p> The nature and development of cartography as an academic and professional discipline has been discussed through many presentations, both conceptual and applied, and in various arenas and communities, over the past half century. As cartographic practice became standardised in the 20th century, so educational and instructional materials describing and analysing the discipline conveyed a relatively uniform message, ensuring that the audience of learners were educated and trained positively to an agreed agenda. In effect, a subtle, as yet unwritten, ‘Body of Knowledge’ was developed and elucidated in educational materials, notably textbooks on cartography, in the last few decades of the last century (Kessler, 2018).</p><p> It was during these years, however, that cartography developed as a discipline far beyond its initial roots as a map-making technology. The technology of map-making certainly changed completely, and a host of other aspects were incorporated, from metrical analysis of historical map documents to gender-oriented investigations of mapping activity; from the integration and importance of cartography in contemporary geospatial data handling to the role of volunteer map-making; from the psychology of map interaction and decision making to the mathematics of map projections and multi-dimensional data representation; and many, many other activities and issues which must be included in educational programmes in cartography.</p><p> It is the establishment, adoption and maintenance of a Body of Knowledge (BoK) which is one of the main <strong>challenges</strong> (this paper presents 11, in <strong>bold</strong> below) and, if successfully met, it can assist in ensuring that cartographic education and training develops as required in the next few decades (Fairbairn, 2017). The further challenges highlighted in this paper can form the basis for further investigation by the CET in the future. This listing of issues is informed by a number of contemporary changes in technology, by closer integration of cartography with other geospatial sciences, by research achievements and investigations in the field, by advances in educational praxis, by demands on cartography by a host of other activities, and by consequent recognition of the discipline by learned and professional bodies.</p><p> One of the main purposes in developing a <strong>Body of Knowledge</strong> is to encompass and facilitate curriculum design. As the widening scope of cartography will be reflected in the developing BoK (most notably in cartography’s contribution to GIS), <strong>curriculum design</strong> must be flexible and innovative enough to cope with more numerous and wider, though focussed and integrated, topics. The admirable, existing BoK in Geographic Information Science and Technology, already being reviewed and enhanced, but omitting many <strong>specific cartographic principles</strong>, is a possible framework for incorporating these. Alternatively there are sound arguments for a uniquely cartographic BoK, and this enterprise is certainly an ICA-approved pursuit.</p><p> Also within the BoK, the <strong>theoretical foundations for the study of cartography</strong> must be elucidated and moved from the research agenda to the educational curriculum. A revised <i>Research Agenda</i> developed under ICA auspices and a focussed <i>Body of Knowledge</i> are synergistic documents, with interdependent content in one directing content in the other. Such documents may be perceived by many to be overly conceptual, un-related to everyday mapping activity. In terms of cartographic production in the past 50 years, we have moved far from the standardised methods mentioned earlier, applied by every commercial and governmental mapping organisation. The activity of map-making has adopted a host of alternative methods, and artefacts, data-sets and representations are created and ‘mashed-up’ by an increasingly wide range of individuals and groups with highly variable experiences, expertise and understanding of cartographic procedures. In terms of ‘organised’ cartography in multi-employee companies, government and non-government agencies, academic and research groups, and associated industrial and environmental companies, a further challenge is <strong>understanding what employers want from graduates in cartography and GIS</strong>. The delivery of education in cartography is an academic activity, but it must be done in a manner which demonstrates relevance to the community which relies on the skills of an educated workforce.</p><p> In some cases the cartographic community, notably its educators, may have to direct their attention outside the classroom and convince the fragmenting industry that cartographic principles are vital for effective management and communication of information, and that the products of cartographic education (the graduates from educational programmes) are serious and informed potential employees with much to offer a wide range of human activity. Such recognition by those outside the academy can be encouraged by seeking and receiving <strong>professional accreditation</strong> from awarding bodies such as industry associations, learned societies, educational authorities and public bodies. The landscape of professional recognition in the disciplines of cartography and GIS is highly varied, geographically, institutionally, legally, and pedagogically. The fluid nature of the disciplines, and in particular their fuzzy distinction from a host of other geomatics, geospatial, engineering, environmental, and social activities means that cartographic education must acknowledge and address its interaction with education in many other sciences. <strong>Linking cartographic education and its principles with related education in other closely related geo-disciplines</strong> is particularly important. Common messages must be presented stressing cartography’s importance and relevance.</p><p> At the possible wider levels mentioned above, experiences and <strong>lessons learned from teaching cartography and GIS to a broad range of non-specialists</strong> must be documented: cartographic principles must be shown to be important and relevant to all those engaged in handling maps and mapping data. Stressing the importance of such principles is especially vital when education is done at a distance: the Commission has long been interested in those activities which <strong>develop on-line educational resources</strong> and look at innovative ways of delivering education widely to large audiences outside formal educational establishments. We already have reports on mature and effective resources in the form of MOOCs, distance learning courses, and online training modules (e.g. Robinson and Nelson, 2015). Such methods of delivery for cartographic education have proven popular and efficient: educators must ensure continued relevance, update, and diligence, in managing these activities.</p><p> In addition to content development and assessment frameworks, it is technical requirements which are often perceived as major blocks to effective use of in-line educational resources. <strong>Technical support requirements</strong> are critical in every form of cartographic education: in the past replication of map reproduction labs was prohibitive for most educational establishments; today it is the acquisition of a full range of software which mitigates against full exposure to the varied range of cartographic and geospatial data handling activity as practised in the ‘real world’. The generosity of some software providers is widely acknowledged in educational institutions, and many of the software products are generic enough to be able to demonstrate the required cartographic principles in a non-partisan manner. However, in many cases employers are seeking specific training skills in particular packages and this can be difficult to provide within a formal educational programme.</p><p> Recent additions to the ‘wish-list’ of employers, however, have been related to abilities in coding and computer programming. Luckily, the most commonly sought skill is ability to write code in Python or Javascript. These are open source, rather than a commercial, products, and hence can be acquired by any educational establishment. The <strong>use of open source software and datasets in geospatial and cartographic education</strong> is becoming increasingly important, and their effective integration with traditional (and indeed contemporary) curricula in cartographic education is clearly a further challenge.</p><p> This paper has outlined a number of challenges facing cartographic education. Like the wider discipline, education in cartography is delivered by capable and dedicated individuals, each with interests in the development of the discipline in an increasingly diverse and varied educational arena. The Commission is intent on addressing the challenges outlined, promoting effective and high-quality cartographic education.</p>

One of the commonplace and myopic reactions to the rise of televisual time-shifting via video-on-demand, DVD rental services, illegal downloads, and streaming media was to decree “the death of the communal television experience”. For many, new forms of watching television unconstrained by time-bound, regularly scheduled programming meant the demise of the predominant form of media liveness that existed commercially since the 1950s. Nevertheless, as time-shifting practices evolved, so have attendant notions of televisual temporality—including changing forms of liveness, shared experience, and the plastic and flexible nature of new viewing patterns (Bury & Li; Irani, Jefferies, & Knight; Turner; Couldry). Although these temporal conceptualisations are relevant to streaming media, in the few years since the launch of platforms such as Netflix, Hulu, and Amazon, what it means “to stream” has rapidly expanded. Social media platforms like Twitter, Facebook, Snapchat, YouTube, and TikTok allow users to record, share, and livestream their own content. Not only does social media add to the growing definition of streaming, but these streaming interactions are also predominately mobile (Munson; Droesch). Taken together, a live and social experience of time via audio-visual media is not lost but is instead reactivated through the increasingly mobile nature of streaming. In the following article, I examine how mobile streaming media practices are part of a construction of shared temporality that both draws upon and departs from conceptualisations of televisual and fixed streaming liveness. Accordingly, HQ Trivia—a mobile-specific streaming gameshow app launched in August 2017—demonstrates novel attempts at reimagining the temporally-bound live televisual experience while simultaneously offering new monetisation strategies via mobile streaming technologies. Through this example, I argue that pervasive Web-connectivity, streaming platforms, data collection, mobile devices, and mobile streaming practices form arrangements of valorisation that are temporally bound yet concomitantly mobile, allowing new forms of social cohesion and temporal control.A Brief History of Televisual TemporalityTime is at once something infinitely mysterious and inherently understood. As John Durham Peters concisely explains, “time lies at the heart of the meaning of our lives” (175). It is precisely due to the myriad ontological, phenomenological, and epistemological dimensions of time that the subject has long been the focus of critical inquiry. As part of the so-called spatial turn, Michel Foucault argues that theory formerly treated space as “the dead, the fixed, the undialectical, the immobile. Time, on the contrary, was richness, fecundity, life, dialectic” (70). While scholarly turns toward space and later mobility have shifted the emphasis of critical inquiry, time is not rendered irrelevant. For example, Doreen Massey defines spaces as the product of interrelations, as sphere of possibility and heterogeneous multiplicity, and as always under construction (9). Critical to these conceptualisations of space, then, is the element of time. Considering space not as a static container in which individual actors enter and leave but instead as a production of ongoing becoming demonstrates how space, mobility, and time are inexorably intertwined. Time, space, and mobility are also interrelated when it comes to conversations of power. Judy Wajcman and Nigel Dodd contend that temporal control is related to dynamics of power, in that the powerful are fast and the powerless slow (3). Questions of speed, mobility, and the control of time itself, however, require attention to the media that help construct time. Aspects of time may always escape human comprehension, yet, “Whatever time is, calendars and clocks measure, control, and constitute it” (Peters 176). Time is a sociotechnical construction, but temporal experience is bound up in more than just time-keeping apparatuses. Elucidated by Sarah Sharma, temporalities are not experienced as uniform time, but instead produced within larger economies of labor and temporal worth (8). To reach a more productive understanding of temporalities, Sharma offers power-chronography, which conceptualises time as experiential, political, and produced by social differences and institutions (15). Put another way, time is an experience structured by the social, economic, political, and technical toward forms of social cohesion and control.Time has always been central to the televisual. Though it is often placed in a genealogy with film, William Uricchio contends that early discursive imaginings and material experiments in television are more indebted to technologies such as the telegraph and telephone in promising live and simultaneous communication across distances (289-291). In essence, film is a technology of storage, related to 18th- and 19th-century traditions of conceptualising time as fragmented; the televisual is instead associated with the “contrasting notion of time conceived as a continuous present, as flow, as seamless” (Uricchio 295). Responding to Uricchio, Doron Galili asserts that the relationship between film and television is dialectical and not hierarchical. For Galili, the desire for simultaneity and storage oscillates—both are present, both remain separate from one another. It is the synthesis of simultaneity and storage that allows both to operate together as a technological and mediated vision of mastering time. Despite disagreements regarding how best to conceptualise early film and television, it is clear that the televisual furthered a desire for spatial and temporal coordination, liveness, and simultaneity.In recent years, forms of televisual “time-shifting” allow viewers to escape temporally-bound scheduling. In what is commonly periodised as TVIII, the proliferation of digital platforms, video-on-demand, legal and illegal downloads, and DVD players, and streaming media displaced more traditional forms of watching live television (Jenner 259). It is important to note that while streaming is often related to the televisual, the televisual-to-streaming shift is not a clean linear evolution. Televisual-style content persists in streaming, but streaming might be better defined as matrix media, where content is made available away from the television set (Jenner 260). Regardless, the rise of streaming media platforms such as Netflix, Hulu, and Amazon Prime is commonly framed as part of televisual temporal disruption, as scholars note the growing plurality of televisual-type viewing options (Bury and Li 594). Further still, streaming platforms are often defined as television, a recent example occurring when Netflix CEO Reed Hastings called the service a “global Internet TV network” in 2016.The changing landscape of streaming and time-shifting notwithstanding, individuals remain aware of the viewing patterns of others, and this anticipation impacts the coordination and production of the collective television experience (Irani, Jeffries, and Knight 621). Related to this goal is how liveness connects viewers to shared social realities as they are occurring and helps to create a collective sense of time (Couldry 355-356). This shared experience of the social is still readily available in a time-shifted landscape, in that even shows released via an all-at-once format (for example, Netflix’s Stranger Things) can rapidly become a cultural phenomenon. Moreover, livestreaming has become commonplace as alternative to cable television for live events and sports, along with new uses for gaming and social media. As Graeme Turner notes, “if liveness includes a sense of the shrinking temporal gap between oneself and the rest of the world, as well as a palpable sense of immediacy, then this is something we can find as readily online as in television”. To this end, the claim that streaming media is harbinger of the “death of liveness” is far too simplistic. Liveness vis-à-vis streaming is not something that ceases to exist—shared temporal experiences simply occur in new forms.HQ TriviaOne such strategy to reactive a more traditional form of televisual liveness through streaming is to make streaming more social and mobile. Launched in August 2017, HQ Trivia (later retitled HQ Trivia and Words) requires users, known as HQties, to download the app and log in at 3.00 pm and 9.00 pm Eastern Standard Time to join a live gameshow. In each session, gameshow hosts ask a series of 12 single-elimination questions with three answer choices. Any users who successfully answer all 12 questions correctly split the prize pool for the show, which ranges from $250 to $250,000. Though these monetary prizes appear substantial, the per-person winnings paid out are often quite low based on the number winners splitting the pool. In the short time since its inception, HQ has had high and low audience participation numbers and has also spawned a myriad of imitators, including Facebook’s “Confetti” gameshow.Mobile streaming via trivia gameshows are a return to forms of televisual liveness and participation often disrupted by the flexible nature of streaming. HQ’s twice-a-day events require users to re-adapt to temporal constraints to play and participate. Just as intriguing is that “HQ sees its biggest user participation—and largest prizes—on Sundays, especially if games coincide with national events, such as holidays, sports games or award shows” (Alcantara). Though it is difficult to draw conclusions from this correlation, the fact that HQ garners more players and attention during events and holidays complicates notions of mobile trivia as a primary form of entertainment. It is possible, perhaps, that HQ is an evolution to the so-called second screen experience, in which a mobile device is used simultaneously with a television. As noted by Hye-Jin Lee and Mark Andrejevic, the rise of the second screen often enables real-time monitoring, customisation, and targeting that is envisioned by the promoters of the interactive commercial economy (41). Second screens are a way to reestablish live-viewing and, by extension, advertising through the importance of affective economies (46). Affect, or a preconscious structure of feeling, is critical to platform monetisation, in that the capture of big data requires an infrastructuralisation of desire—in streaming media often a desire for entertainment (Cockayne 6). Through affective capture, users become willing to repeat certain actions via love for and connection to a platform. Put another way, big data collection and processing is often the central monetisation strategy of platforms, but capturing this data requires first cultivating user attachment and repeat actions.To this end, many platforms operate by encouraging as much user engagement as possible. HQ certainly endeavors for strong affective investment by users (a video search for “HQ Trivia winner reactions” demonstrates the often-zealous nature of HQties, even when winning relatively low amounts of prize money). However, HQ departs from the typical platform streaming model in that engagement with the app is limited to two games per day. These comparatively diminutive temporal appointments have substantial implications for HQ’s strategies of valorisation, or the process of apprehending and making productive the user as laborer in new times and spaces (Franklin 13). Media theorists have long acknowledged the “work of watching” television, in which the televisual is “a real economic process, a value-creating process, and a metaphor, a reflection of value creation in the economy as a whole” (Jhally and Livant 125). Televisual monetisation is predominately based on the advertising model, which functions to accelerate the selling of commodities. This configuration of capital accumulation is enabled by a lineage of privatisation of broadcasting; television is heralded as a triumph of deregulation, but in practice is an oligopolistic, advertising-supported system of electronic media aided by government policies (Streeter 175). By contrast, streaming media accomplishes capitalistic accumulation through the collection, storage, and processing of big data via cloud infrastructure. Cloud infrastructure enables unprecedented storage and analytic capacity, and is heavily utilised in streaming media to compress and transmit data packets.Although the metaphor of the cloud situates user data as ephemeral and free, these infrastructures are better conceptualised as a “digital enclosure”, which invokes the importance of privatisation and commodification, as well as the materiality and spatiality of data collection (Andrejevic 297). As such, streaming monetisation is often achieved through the multitude of monetisation possibilities that occur through the collection of vast amounts of user data. Streaming and mobile streaming, then, are similar to the televisual in that these processes monetise the work of watching; yet, the ubiquitous data collection of streaming permits more efficient forms of computational commodification.Mobile streaming media continues the lineage of ubiquitous immaterial labor—a labor form that can, and commonly is, accomplished by “filling the cracks” of non-work time with content engagement and accompanying data collection. HQ Trivia, nevertheless, functions as a notable departure from this model in that company has made public claims that the platform will not utilise the myriad user identification and location data collected by the app. Instead, HQ has engaged in brand promotions that include Warner Brothers movies Ready Player One and Rampage, along with a brief Nike partnership (Feldman; Perry). Here, mobile and temporal valorisation occurs through monetisation strategies more akin to traditional televisual advertising than the techniques of big data collection often utilised by platforms. Whether or not eschewing the proclivity toward monetising user data for a more traditional form of brand promotion will yield rewards for HQ remains to be seen. Nonetheless, this return to more conventional televisual monetisation strategies sets HQ apart from many other applications that rely on data collection and subsequent sale of user data for targeted advertisements.Affective attachment and the transformation of leisure times through mobile devices is critical not just to value generation, but also to the relationship between mobile streaming and temporal and mobile control. As previously noted, Sharma elucidates that time is part of biopolitical forms of control, produced and experienced differently. Nick Couldry echoes these sentiments, in that there are rival forms of liveness stemming from a desire for connectivity, and that these “types of liveness are now pulling in different directions” (360). Despite common positionings, the relationship between television and streaming media is not a neat linear evolution—television, streaming, and mobile streaming continue to operate both side-by-side and in conjunction with one another. The experience of time, nevertheless, operates differently in these media forms. Explained by Wendy Chun, television structures temporality through steady streams of information, the condensation of time that demands response in crisis, and the most powerful moments of “touching the real” via catastrophe (74). New media differs by instead fostering crisis as the norm, in that “crises promise to move users from banal to the crucial by offering the experience of something like responsibility; something like the consequences and joys of ‘being in touch’” (Chun 75). New media crisis is often felt via reminders and other increasingly pervasive prompts that require an immediate user response. HQ differs from other forms of streaming and mobile streaming in that the plastic and flexible nature of viewing is replaced by mobile notifications and reminders that one must be ready for twice-daily games or risk losing a chance to win.In contributing to a sense of new media crisis, HQ fosters novel expectations for the mobile streaming subject. Through temporally-bound mobile livestreaming, “networked smart screens are the mechanism by which time and space will be both overcome and reanimated” as the “real world” is transformed into a magical landscape of mobile desire (Oswald and Packer 286). There is a double-edged element to this transformation, however, in that power of HQ Trivia is the ability to reanimate space through a promise that users are able to win substantial prize money only if one remembers to tune in at certain times. Within HQ Trivia, the much-emphasised temporal freedom of streaming time-shifting is eschewed for more traditional forms of televisual liveness; at the same time, smartphone technologies permit mobile on-the-go forms of engagement. Accordingly, a more traditional televisual simultaneity reemerges even as the spaces of streaming are untethered from the living room. It is in this reemphasis of liveness and sharedness that the user is simultaneously empowered vis-à-vis mobile devices and made mobile streaming subject through new temporal expectations and forms of monetisation.As mobile streaming becomes increasingly pervasive, new experimental applications jockey for user attention and time. HQ Trivia’s model of eschewing data collection for more traditional televisual monetisation represents attempts to recreate mobile media engagement not through individual isolated audio-visual practices, but instead through a live and mobile experience. Consequently, HQ Trivia and other temporally-bound gameshow apps demonstrate a reimagined live televisual experience, and, in turn, a monetisation of mobile engagement through affective investment.ReferencesAlcantara, Chris. “Diving into HQ Trivia: The Toughest Rounds, the Best Time to Play and How Some Users Beat the Odds.” The Washington Post 5 Mar. 2018. <http://www.washingtonpost.com/graphics/2018/business/hq-trivia/?utm_term=.02dc389ae3a9>.Andrejevic, Mark. “Surveillance in the Digital Enclosure.” The Communication Review 10.4 (2007): 295-317.Bury, Rhiannon, and Johnson Li. “Is It Live or Is It Timeshifted, Streamed or Downloaded? 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Bank demand guarantees have become an established part of international trade. Demand guarantees, standby letters of credit and commercial letters of credit are all treated as autonomous contracts whose operation will not be interfered with by courts on grounds immaterial to the guarantee or credit itself. The idea in the documentary credit transaction/demand guarantee transaction is that if the documents (where applicable) presented are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do not correspond to the requirements, the bank must not pay. However, over the years a limited number of exceptions to the autonomy principle of demand guarantees and letters of credit have come to be acknowledged and accepted in practice. In certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored by the bank and regard may be had to the terms and conditions of the underlying contract. The main exceptions concern fraud and illegality in the underlying contract. In this thesis a great deal of consideration has been given to fraud and illegality as possible grounds on which payment under demand guarantees and letters of credit have been attacked (and sometimes even prevented) in the English, American and South African courts. It will be shown that the prospect of success depends on the law applicable to the demand guarantee and letter of credit, and the approach a court in a specific jurisdiction takes. At present, South Africa has limited literature on demand guarantees, and the case law regarding the grounds upon which payment under a demand guarantee might be prevented is scarce and often non-existent. In South Africa one finds guidance by looking at similar South African case law dealing with commercial and standby letters of credit and applying these similar principles to demand guarantees. The courts, furthermore, find guidance by looking at how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how the South African courts currently deal/should be dealing/probably will be dealing with the unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis.
Jurisprudence
LL.D