Добірка наукової літератури з теми "4801 Commercial law"

This article tries to return to the essence of civil law which, with a little more than ten key contractual institutions, allows all disputes created from newly founded institutions to be examined and interpreted. If law is science it must be ableto be reduced to a set of basic concepts that have been coined and concluded from daily contractual practice and, almost in their entirety, have been in force over time. Hence the study of Roman law and Roman legal tradition remain a constantreference to our continental law. However, this does not prevent them from being open to gradual enrichment.

Abstract Background Genital ulcers (GUs) remain a common reason that both men and women seek treatment at US sexual health clinics. Presumptive diagnosis based solely on the macroscopic lesion characteristics is insensitive for differentiating between the common etiologies of GUs, which include HSV1/2, VZV, and syphilis. Given the ongoing and rapidly-expanding Syphilis epidemic, more accurate and timely identification of GU etiology would facilitate accurate therapeutic decision making, promote antibiotic stewardship, and have positive impacts on public health. The current study describes diagnostic workflows that allow for sequential/reflex or parallel GU testing, relying on a combination of IVD and published NAAT-based solutions, performed on the cobas® 4800 and/or cobas® 6800 Systems, to detect HSV1/2, VZV, and T. pallidum from a single specimen. Methods Commercially available control material for HSV1, HSV2, VZV, and T. pallidum were spiked into MSwab™ and cobasâ PCR medium at varying concentrations. The spiked medium was either aliquoted directly to cobas® PCR Media Secondary Tubes (for testing on the cobasâ 6800 System) or MSwabs were dipped directly into the spiked specimen vials and transferred to their respective collection tubes (cobasâ 4800 System). GU testing on the cobas® 4800 System was sequential: performing the cobas® HSV1 and 2 Test first, followed by VZV and T. pallidum detection using residual DNA eluates and the User Defined Workflow (UDF) software. Testing on the cobas® 6800 System allowed for parallel processing and simultaneous detection of the 4 targets utilizing the cobas omni Utility Channel, which supports a complete, automated Lab Developed Test workflow. Results Qualitative detection of HSV1, HSV2, VZV and T. pallidum was demonstrated on both systems. Conclusion Novel solutions that aim to reduce empiric therapy, or shorten the interval to treatment success, are critical for both diagnostic and antibiotic stewardship. Through parallel or sequential testing algorithms, panel testing schematics on either the cobas® 4800 and 6800 Systems allow for more accurate discrimination between GU etiologies that may help address the re-emergence of Syphilis in the USA. Disclosures All authors: No reported disclosures.

INTRODUCTION:Existing studies have not investigated the effectiveness of one long-acting injectable antipsychotic (LAI) versus another in preventing hospitalizations among patients with bipolar disorder (BD). This study was conducted to compare all-cause inpatient healthcare utilization and associated costs among BD patients who initiated LAIs.METHODS:This retrospective cohort analysis used the Truven Health Analytics MarketScan® Commercial and Medicaid claims database. Bipolar patients >18 years with at least one claim for one of the following LAIs were identified between 1 January 2013 and 30 June 2014 (identification period): aripiprazole, haloperidol, paliperidone, and risperidone. The first day of initiating an LAI was considered the index date. Logistic regression and generalized linear regression models were conducted to estimate risk of inpatient hospitalization and associated costs during the 1-year follow up.RESULTS:A total of 1,540 BD patients initiated an LAI: 14.5 percent aripiprazole, 16.3 percent risperidone, 21.0 percent haloperidol, and 48.1 percent paliperidone. With the aripiprazole cohort as the reference group, the odds of having any inpatient hospitalizations were significantly higher in haloperidol [Odds Ratio, OR (95 percent Confidence Interval, CI): 1.49 (1.01 - 2.19)] and risperidone [1.78 (1.19 - 2.66)] cohorts. The paliperidone cohort also had a higher risk of having a hospitalization than aripiprazole, but the difference was not statistically significant (p>.05). Among LAI initiators having any inpatient hospitalizations, the adjusted mean all-cause inpatient costs were lowest in the aripiprazole cohort (USD26,002), followed by risperidone (USD27,937), haloperidol (USD30,411), and paliperidone (USD33,240). However, the cost difference was not statistically significant.CONCLUSIONS:Our study findings highlight the value of aripiprazole in reducing all-cause inpatient hospitalizations and associated costs among patients with BD during the 1-year follow-up. It is worthwhile to note that bipolar diagnoses were identified from healthcare claims coded for reimbursement purposes, thus misclassification was possible. Future studies are warranted to understand the impact of LAI use in a longer period of time.

Background: Rapid risk stratification and timely treatment are critical to favorable outcomes for acute coronary syndrome (ACS) patients. This study examines five time-dependent quality indicators (QIs) for unstable angina (UA) / non-ST elevation (NSTEMI) patients in the ED. Our objective was to determine patient and system factors that influence QIs (see Table1) for timeliness for ED UA/NSTEMI patients. Methods: A retrospective, cohort study was conducted at an academic medical center ED over a 2 year period. The cohort consisted of all patients (N=12,544) aged 24 years or older suspected of having ACS as defined by receiving an electrocardiogram (ECG) and at least one cardiac biomarker test. Cox regression was used to model the effects of patient characteristics, ancillary service utilization, staffing provisions, equipment availability and metrics characterizing ED and hospital crowding on time-dependent QIs. Results: UA/NSTEMI patient QI times and percentage adherence to defined performance standards are displayed in Table 1. Table 2 shows the factors that most influenced ED performance on each QI, a description of how each factor changed, and the resultant change in QI time interval. Average change in indicator time was calculated using the full Cox regression model created for each indicator, thus adjusting for all other significant factors. Quality Indicator Definition Performance Standard Time: Median (IQR) min % Adherence 1. ECG read out time (Suspected of UA/NSTEMI - ECG and Biomarker) Arrival time to ECG read out time < = 10 min 13 (7 - 32) 42% 2. Lab turn-around-time Physician biomarker order to lab report time < = 60 min 70 (53 - 96) 37% 3. Therapeutic __turn-around-time (overall) Physician biomarker order to first anti-ischemic medication administration Not defined 30 (14 - 66) – 3b. Therapeutic __turn-around-time (Anti-platelet)) Physician biomarker order to first anti-ischemic medication administration Not defined 173 (71 - 317) – 3c. Therapeutic __turn-around-time (Anti-thrombin) Physician biomarker order to first anti-ischemic medication administration Not defined 30 (14 - 65) – 4. Boarding time Disposition decision time to inpatient admit time for admitted patients < = 120 min 198 (97 - 496) 32% 5. ED length of stay Arrival time to discharge (disposition decision for inpatients) Not defined 247 (156 - 392) – Quality Indicator Factor Change in Factor Hazard Ratio Median Ä in Minutes (%) 1. ECG read out time Chief Complaint Chief Complaint Acuity Acuity Non-chest pain related compared to chest pain Chest pain related compared to chest pain Level 1 compared to levels 3 to 5 Level 2 compared to levels 3 to 5 0.35 0.58 1.83 1.36 17.0 5.0 -2.4 -1.4 2. Lab turn-around-time Cardiologist in ED Time of Day Time of Day Point of Care Testing Team Triage Cardiologist present in ED compared to not present Night compared to day Evening compared to day Point of care compared to standard lab Team triage compared to not active 0.74 0.84 0.89 1.15 1.12 8.0 4.5 3.0 -3.0 -2.4 3. Therapeutic turn-around-time Stress Test Chief Complaint Chief Complaint Non-portable Chest X-ray Stress test prior to med administration compared to none Non-chest pain related compared to chest pain Chest pain related compared to chest pain Non-portable chest X-ray prior to med administration compare to none 0.41 0.60 0.72 0.82 163.8 67.7 39.2 20.5 4. ED Boarding Time Med Administration Patient Insurance Patient Insurance Time of Day Patient Insurance Telemetry Occupancy Time of Day Acuity Cardiology consult placeHoliday Portable Chest X-Ray Acuity Med Administration Med administration before disposition compared to no med administration Self pay compared to commercial Medicaid compared to commercial Night Compared to day Medicare compared to commercial 10% increase in telemetry occupancy Evening compared to day Level 1 compared to levels 3 to 5 Consultant used compared to none placeHoliday compare to non holiday Portable Chest X-ray before disposition compared to no X-ray Level 2 compared to levels 3 to 5 Med administration after disposition Compared to no med administration 1.09 0.84 0.81 0.84 0.88 0.28 0.97 3.83 1.37 1.33 1.19 1.15 0.77 63.3 48.4 39.6 38.4 27.8 27.7 6.7 -135.5 -48.1 -44.1 -29.5 -24.1 -14.6 5. ED length of stay Stress Test Point of Care Testing Age 45 - 54 Years Age 35 - 44 Years Chief Complaint Time of Day Admitted Chief Complaint ED chest pain occupancy Stress test prior to disposition decision compared to none Point of care compared to standard lab 45 - 54 years compared to > 64 years 35 -44 years compared to > 64 years Not chest pain-related compared to chest pain-related Evening Admitted compared to discharged Chest pain-related compare to not related to chest pain Percent increase in ED chest pain/neurology load 0.36 0.78 0.81 0.81 0.87 0.88 1.70 1.11 1.01 171.0 30.2 26.0 25.2 17.6 15.0 -50.5 -10.7 -2.9 Conclusions: The natural variability (not amenable to change) of patient and clinical factors and the artificial variability created by man-made processes and systems (amenable to change) both significantly influenced QI times for our ED UA/NSTEMI cohort. ECG time was the only QI influenced solely by patient factors.

IntroductionDespite claims that the importance of distance has been reduced due to technological and communications improvements (Cairncross; Friedman; O’Brien), the ‘power of place’ still resonates, often intensifying the role of geography (Christopherson et al.; Morgan; Pratt; Scott and Storper). Within the film industry, there has been a decentralisation of production from Hollywood, but there remains a spatial logic which has preferenced particular centres, such as Toronto, Vancouver, Sydney and Prague often led by a combination of incentives (Christopherson and Storper; Goldsmith and O’Regan; Goldsmith et al.; Miller et al.; Mould). The emergence of high end television, television programming for which the production budget is more than £1 million per television hour, has presented new opportunities for screen hubs sharing a very similar value chain to the film industry (OlsbergSPI with Nordicity).In recent years, interventions have proliferated with the aim of capitalising on the decentralisation of certain activities in order to attract international screen industries production and embed it within local hubs. Tools for building capacity and expertise have proliferated, including support for studio complex facilities, infrastructural investments, tax breaks and other economic incentives (Cucco; Goldsmith and O’Regan; Jensen; Goldsmith et al.; McDonald; Miller et al.; Mould). Yet experience tells us that these will not succeed everywhere. There is a need for a better understanding of both the capacity for places to build a distinctive and competitive advantage within a highly globalised landscape and the relative merits of alternative interventions designed to generate a sustainable production base.This article first sets out the rationale for the appetite identified in the screen industries for co-location, or clustering and concentration in a tightly drawn physical area, in global hubs of production. It goes on to explore the latest trends of decentralisation and examines the upturn in interventions aimed at attracting mobile screen industries capital and labour. Finally it introduces the Scottish screen industries and explores some of the ways in which Scotland has sought to position itself as a recipient of screen industries activity. The paper identifies some key gaps in infrastructure, most notably a studio, and calls for closer examination of the essential ingredients of, and possible interventions needed for, a vibrant and sustainable industry.A Compulsion for ProximityIt has been argued that particular spatial and place-based factors are central to the development and organisation of the screen industries. The film and television sector, the particular focus of this article, exhibit an extraordinarily high degree of spatial agglomeration, especially favouring centres with global status. It is worth noting that the computer games sector, not explored in this article, slightly diverges from this trend displaying more spatial patterns of decentralisation (Vallance), although key physical hubs of activity have been identified (Champion). Creative products often possess a cachet that is directly associated with their point of origin, for example fashion from Paris, films from Hollywood and country music from Nashville – although it can also be acknowledged that these are often strategic commercial constructions (Pecknold). The place of production represents a unique component of the final product as well as an authentication of substantive and symbolic quality (Scott, “Creative cities”). Place can act as part of a brand or image for creative industries, often reinforcing the advantage of being based in particular centres of production.Very localised historical, cultural, social and physical factors may also influence the success of creative production in particular places. Place-based factors relating to the built environment, including cheap space, public-sector support framework, connectivity, local identity, institutional environment and availability of amenities, are seen as possible influences in the locational choices of creative industry firms (see, for example, Drake; Helbrecht; Hutton; Leadbeater and Oakley; Markusen).Employment trends are notoriously difficult to measure in the screen industries (Christopherson, “Hollywood in decline?”), but the sector does contain large numbers of very small firms and freelancers. This allows them to be flexible but poses certain problems that can be somewhat offset by co-location. The findings of Antcliff et al.’s study of workers in the audiovisual industry in the UK suggested that individuals sought to reconstruct stable employment relations through their involvement in and use of networks. The trust and reciprocity engendered by stable networks, built up over time, were used to offset the risk associated with the erosion of stable employment. These findings are echoed by a study of TV content production in two media regions in Germany by Sydow and Staber who found that, although firms come together to work on particular projects, typically their business relations extend for a much longer period than this. Commonly, firms and individuals who have worked together previously will reassemble for further project work aided by their past experiences and expectations.Co-location allows the development of shared structures: language, technical attitudes, interpretative schemes and ‘communities of practice’ (Bathelt, et al.). Grabher describes this process as ‘hanging out’. Deep local pools of creative and skilled labour are advantageous both to firms and employees (Reimer et al.) by allowing flexibility, developing networks and offsetting risk (Banks et al.; Scott, “Global City Regions”). For example in Cook and Pandit’s study comparing the broadcasting industry in three city-regions, London was found to be hugely advantaged by its unrivalled talent pool, high financial rewards and prestigious projects. As Barnes and Hutton assert in relation to the wider creative industries, “if place matters, it matters most to them” (1251). This is certainly true for the screen industries and their spatial logic points towards a compulsion for proximity in large global hubs.Decentralisation and ‘Sticky’ PlacesDespite the attraction of global production hubs, there has been a decentralisation of screen industries from key centres, starting with the film industry and the vertical disintegration of Hollywood studios (Christopherson and Storper). There are instances of ‘runaway production’ from the 1920s onwards with around 40 per cent of all features being accounted for by offshore production in 1960 (Miller et al., 133). This trend has been increasing significantly in the last 20 years, leading to the genesis of new hubs of screen activity such as Toronto, Vancouver, Sydney and Prague (Christopherson, “Project work in context”; Goldsmith et al.; Mould; Miller et al.; Szczepanik). This development has been prompted by a multiplicity of reasons including favourable currency value differentials and economic incentives. Subsidies and tax breaks have been offered to secure international productions with most countries demanding that, in order to qualify for tax relief, productions have to spend a certain amount of their budget within the local economy, employ local crew and use domestic creative talent (Hill). Extensive infrastructure has been developed including studio complexes to attempt to lure productions with the advantage of a full service offering (Goldsmith and O’Regan).Internationally, Canada has been the greatest beneficiary of ‘runaway production’ with a state-led enactment of generous film incentives since the late 1990s (McDonald). Vancouver and Toronto are the busiest locations for North American Screen production after Los Angeles and New York, due to exchange rates and tax rebates on labour costs (Miller et al., 141). 80% of Vancouver’s production is attributable to runaway production (Jensen, 27) and the city is considered by some to have crossed a threshold as:It now possesses sufficient depth and breadth of talent to undertake the full array of pre-production, production and post-production services for the delivery of major motion pictures and TV programmes. (Barnes and Coe, 19)Similarly, Toronto is considered to have established a “comprehensive set of horizontal and vertical media capabilities” to ensure its status as a “full function media centre” (Davis, 98). These cities have successfully engaged in entrepreneurial activity to attract production (Christopherson, “Project Work in Context”) and in Vancouver the proactive role of provincial government and labour unions are, in part, credited with its success (Barnes and Coe). Studio-complex infrastructure has also been used to lure global productions, with Toronto, Melbourne and Sydney all being seen as key examples of where such developments have been used as a strategic priority to take local production capacity to the next level (Goldsmith and O’Regan).Studies which provide a historiography of the development of screen-industry hubs emphasise a complex interplay of social, cultural and physical conditions. In the complex and global flows of the screen industries, ‘sticky’ hubs have emerged with the ability to attract and retain capital and skilled labour. Despite being principally organised to attract international production, most studio complexes, especially those outside of global centres need to have a strong relationship to local or national film and television production to ensure the sustainability and depth of the labour pool (Goldsmith and O’Regan, 2003). Many have a broadcaster on site as well as a range of companies with a media orientation and training facilities (Goldsmith and O’Regan, 2003; Picard, 2008). The emergence of film studio complexes in the Australian Gold Coast and Vancouver was accompanied by an increasing role for television production and this multi-purpose nature was important for the continuity of production.Fostering a strong community of below the line workers, such as set designers, locations managers, make-up artists and props manufacturers, can also be a clear advantage in attracting international productions. For example at Cinecitta in Italy, the expertise of set designers and experienced crews in the Barrandov Studios of Prague are regarded as major selling points of the studio complexes there (Goldsmith and O’Regan; Miller et al.; Szczepanik). Natural and built environments are also considered very important for film and television firms and it is a useful advantage for capturing international production when cities can double for other locations as in the cases of Toronto, Vancouver, Prague for example (Evans; Goldsmith and O’Regan; Szczepanik). Toronto, for instance, has doubled for New York in over 100 films and with regard to television Due South’s (1994-1998) use of Toronto as Chicago was estimated to have saved 40 per cent in costs (Miller et al., 141).The Scottish Screen Industries Within mobile flows of capital and labour, Scotland has sought to position itself as a recipient of screen industries activity through multiple interventions, including investment in institutional frameworks, direct and indirect economic subsidies and the development of physical infrastructure. Traditionally creative industry activity in the UK has been concentrated in London and the South East which together account for 43% of the creative economy workforce (Bakhshi et al.). In order, in part to redress this imbalance and more generally to encourage the attraction and retention of international production a range of policies have been introduced focused on the screen industries. A revised Film Tax Relief was introduced in 2007 to encourage inward investment and prevent offshoring of indigenous production, and this has since been extended to high-end television, animation and children’s programming. Broadcasting has also experienced a push for decentralisation led by public funding with a responsibility to be regionally representative. The BBC (“BBC Annual Report and Accounts 2014/15”) is currently exceeding its target of 50% network spend outside London by 2016, with 17% spent in Scotland, Wales and Northern Ireland. Channel 4 has similarly committed to commission at least 9% of its original spend from the nations by 2020. Studios have been also developed across the UK including at Roath Lock (Cardiff), Titanic Studios (Belfast), MedicaCity (Salford) and The Sharp Project (Manchester).The creative industries have been identified as one of seven growth sectors for Scotland by the government (Scottish Government). In 2010, the film and video sector employed 3,500 people and contributed £120 million GVA and £120 million adjusted GVA to the economy and the radio and TV sector employed 3,500 people and contributed £50 million GVA and £400 million adjusted GVA (The Scottish Parliament). Beyond the direct economic benefits of sectors, the on-screen representation of Scotland has been claimed to boost visitor numbers to the country (EKOS) and high profile international film productions have been attracted including Skyfall (2012) and WWZ (2013).Scotland has historically attracted international film and TV productions due to its natural locations (VisitScotland) and on average, between 2009-2014, six big budget films a year used Scottish locations both urban and rural (BOP Consulting, 2014). In all, a total of £20 million was generated by film-making in Glasgow during 2011 (Balkind) with WWZ (2013) and Cloud Atlas (2013), representing Philadelphia and San Francisco respectively, as well as doubling for Edinburgh for the recent acclaimed Scottish films Filth (2013) and Sunshine on Leith (2013). Sanson (80) asserts that the use of the city as a site for international productions not only brings in direct revenue from production money but also promotes the city as a “fashionable place to live, work and visit. Creativity makes the city both profitable and ‘cool’”.Nonetheless, issues persist and it has been suggested that Scotland lacks a stable and sustainable film industry, with low indigenous production levels and variable success from year to year in attracting inward investment (BOP Consulting). With regard to crew, problems with an insufficient production base have been identified as an issue in maintaining a pipeline of skills (BOP Consulting). Developing ‘talent’ is a central aspect of the Scottish Government’s Strategy for the Creative Industries, yet there remains the core challenge of retaining skills and encouraging new talent into the industry (BOP Consulting).With regard to film, a lack of substantial funding incentives and the absence of a studio have been identified as a key concern for the sector. For example, within the film industry the majority of inward investment filming in Scotland is location work as it lacks the studio facilities that would enable it to sustain a big-budget production in its entirety (BOP Consulting). The absence of such infrastructure has been seen as contributing to a drain of Scottish talent from these industries to other areas and countries where there is a more vibrant sector (BOP Consulting). The loss of Scottish talent to Northern Ireland was attributed to the longevity of the work being provided by Games of Thrones (2011-) now having completed its six series at the Titanic Studios in Belfast (EKOS) although this may have been stemmed somewhat recently with the attraction of US high-end TV series Outlander (2014-) which has been based at Wardpark in Cumbernauld since 2013.Television, both high-end production and local broadcasting, appears crucial to the sustainability of screen production in Scotland. Outlander has been estimated to contribute to Scotland’s production spend figures reaching a historic high of £45.8 million in 2014 (Creative Scotland ”Creative Scotland Screen Strategy Update”). The arrival of the program has almost doubled production spend in Scotland, offering the chance for increased stability for screen industries workers. Qualifying for UK High-End Television Tax Relief, Outlander has engaged a crew of approximately 300 across props, filming and set build, and cast over 2,000 supporting artist roles from within Scotland and the UK.Long running drama, in particular, offers key opportunities for both those cutting their teeth in the screen industries and also by providing more consistent and longer-term employment to existing workers. BBC television soap River City (2002-) has been identified as a key example of such an opportunity and the programme has been credited with providing a springboard for developing the skills of local actors, writers and production crew (Hibberd). This kind of pipeline of production is critical given the work patterns of the sector. According to Creative Skillset, of the 4,000 people in Scotland are employed in the film and television industries, 40% of television workers are freelance and 90% of film production work in freelance (EKOS).In an attempt to address skills gaps, the Outlander Trainee Placement Scheme has been devised in collaboration with Creative Scotland and Creative Skillset. During filming of Season One, thirty-eight trainees were supported across a range of production and craft roles, followed by a further twenty-five in Season Two. Encouragingly Outlander, and the books it is based on, is set in Scotland so the authenticity of place has played a strong component in the decision to locate production there. Producer David Brown began his career on Bill Forsyth films Gregory’s Girl (1981), Local Hero (1983) and Comfort and Joy (1984) and has a strong existing relationship to Scotland. He has been very vocal in his support for the trainee program, contending that “training is the future of our industry and we at Outlander see the growth of talent and opportunities as part of our mission here in Scotland” (“Outlander fast tracks next generation of skilled screen talent”).ConclusionsThis article has aimed to explore the relationship between place and the screen industries and, taking Scotland as its focus, has outlined a need to more closely examine the ways in which the sector can be supported. Despite the possible gains in terms of building a sustainable industry, the state-led funding of the global screen industries is contested. The use of tax breaks and incentives has been problematised and critiques range from use of public funding to attract footloose media industries to the increasingly zero sum game of competition between competing places (Morawetz; McDonald). In relation to broadcasting, there have been critiques of a ‘lift and shift’ approach to policy in the UK, with TV production companies moving to the nations and regions temporarily to meet the quota and leaving once a production has finished (House of Commons). Further to this, issues have been raised regarding how far such interventions can seed and develop a rich production ecology that offers opportunities for indigenous talent (Christopherson and Rightor).Nonetheless recent success for the screen industries in Scotland can, at least in part, be attributed to interventions including increased decentralisation of broadcasting and the high-end television tax incentives. This article has identified gaps in infrastructure which continue to stymie growth and have led to production drain to other centres. 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Bestämmelserna om trafikförsäkring och ersättning i följd av motortrafik finns i trafikskadelagen (TSL). Trafikförsäkring är i allmänhet obligatorisk, d.v.s. det måste finnas försäkring för varje motordrivet fordon som brukas i trafik. Olika ersättningsregler gäller för personskada respektive sakskada i följd av trafik. Försäkringsskyddet för sakskada går inte lika långt som vid personskada. Skada på ett fordon eller på gods som transporteras med fordonet ersätts i regel inte av fordonets trafikförsäkring. Skadas sådan egendom vid en kollision kan ersättning däremot utgå från försäkringen för det andra fordonet, förutsatt att oaktsamhet eller bristfällighet på denna sida har orsakat skadan. Även annan sakskada som trafik med fordonet orsakar, en bil kör t.ex. på en byggnad eller cykel, betalas av fordonets trafikförsäkring. Trafikskadeersättning anses inte vara skadestånd, men eftersom ersättningen bestäms utifrån skadeståndsrättsliga principer, 9 § TSL vilken hänvisar till skadeståndslagen, finns ett tydligt samband. På grund av detta starka samband blir skadeståndsrättens begrepp och tolkningar av stor betydelse. Här aktualiseras en tolkning av sakskadebegreppet samt rätten för tredje man att erhålla ersättning. Frågan är nu huruvida nyare rättspraxis inom området, närmare bestämt två avgöranden från HD i oktober 2004, har förändrat sakskadebegreppet och tredje mans rätt till ersättning och hur detta i så fall kommer att påverka försäkringsrätten och dess tillämpning. Uppsatsen syftar främst till att belysa vilka konsekvenser denna nya praxis kan ha fått på sakskadebegreppet, det allmännas ansvar vid trafikolyckor samt rätten för tredje man att erhålla ersättning vid trafikskada. Innan dessa rättsfall diskuteras närmare, redögörs i uppsatsens inledande kapitel för när ersättning för annan sakskada än skada på fordon kan utgå i följd av trafik.

The regulations concerning traffic insurance and indemnity for property damage in consequence of traffic can be found in the traffic damage law. In general traffic insurance is compulsory, i.e. every vehicle used in traffic has to be insured. Different rules concerning indemnity are applicable to personal injuries and property damage. The protection offered by the insurance in case of property damage doesn’t stretch as far as it does in case of personal injuries. Damage on a vehicle or on goods transported with the vehicle is as a rule not compensated by the insurance of the vehicle. If that kind of property gets damaged in a collision is it on the other hand possible to receive compensation from the insurance of the other vehicle, provided that carelessness or defectiveness on that side has caused the damage. Also other property damage that the vehicle causes in traffic, for instance when a car hits a building or a bicycle, is compensated by the traffic insurance belonging to the vehicle. Indemnity in consequence of traffic is not regarded as damages, but since the indemnity is determined from the same principles as damages, there is an obvious connection. On account of this strong connection the conceptions and interpretations in tort law are of great importance. Here is an interpretation of what is to be regarded as property damage raised together with the right for a third part to receive indemnity. The question is whether the conception of how to interpret property damage and when a third part is entitled to indemnity has been altered by two new settlements from the Supreme Court in October 2004. This thesis aims foremost at illuminating which consequences these two new cases can have on how to interpret property damage and when a third part is entitled to indemnity after a traffic accident. Before these two legal cases are discussed in detail I’m going to describe when indemnity for property damage, other than damage on vehicle, can be issued in consequence of traffic.

Crowdfunding is an internet-based fund-raising tool. It brings together people who are seeking financial support from individuals or groups to launch new firms with funders who contribute a small amount each to the venture. As disruptive technology is a prevailing feature of the current digital era, crowdfunding has attracted substantial attention from academics, industry, and the public since its emergence. In the academic context, the debate of crowdfunding from scholars is principally revolved around the factors that impact the performance of crowdfunding. In all these identified factors, social capital, human capital, and intellectual capital have been highlighted by many as high value research and been recognized as positive signals to the equity crowdfunding performance in a signalling theory perspective in the relevantly mature western equity crowdfunding market. In addition, scholars have recognized the important role of social media in equity crowdfunding, since this unique online fundraising tool’s characteristic makes social media the only pathway for crowdfunding entrepreneurs, platforms, and investors to communicate with each other. While the related research is substantial in literature focusing on advanced economies, empirical evidence on the emerging Chinese equity crowdfunding industry is scarce. This study sought to filling in the gap by analyzing the determination of the equity crowdfunding performance in Chinese market, particularly the impacts of determinants on equity crowdfunds’ performance in terms of funding amount, funding speed, funding campaign completion time, and annual yield. The research adopts the theoretical framework developed by Ahlers, Cumming, Guenther, and Schweizer (2015), which consists of Social Capital, Human Capital and Intellectual Capital, to identify and analyse how effective signals are to the attraction of funds through social media in equity crowdfunding. The research question is: Does social media have, if any, impacts on the investors’ decisions in and the performance of crowdfunding projects? This project takes a quantitative research method, collects data from the leading Chinese equity-based crowdfunding platform ‘Colourful Investing’, and analyses the data employing multiple linear regression models in SPSS. Our sample includes one hundred and fifty-eight projects which have been hand-collected from the platform. The results confirm the signalling effect of equity crowdfunding entrepreneurs business education experience on the equity crowdfunding success, identifying that the promotion activity on social media by equity crowdfunding entrepreneurs and platform has a significant impact on the performance of equity crowdfunds, particularly the speed of equity crowdfunding campaigns and the annual yield rate of the equity crowdfunding campaigns. Besides, this result confirms the equity crowdfunding entrepreneur’s role of being a member of branded chain business on the campaign’s success. This study further compares the current regulations on equity crowdfunding in China and the corresponding laws and regulations in the western world and developed recommendations for policy and legal reforms in the future. The research findings answered the research question that: i. the social capital and human capital serve as positive signals in the Chinese equity crowdfunding market. ii. the promotion activity on social media platforms positively moderates the relationship between startup’s social capital and human capital and funding performance. iii. intellectual capital is not a statistically significant determinant of the Chinese equity crowdfunding market which is different from that in mature western equity crowdfunding market. iv. Furthermore, the findings suggest that the immaturity of equity crowdfunding market in China is due to the current ambitious legislation and policy situation. Hereby, policy implications are that the policy makers should pay attention on clarifying the disclosure obligations of financiers, setting reasonable threshold access for entrepreneurs, enhancing project management of the equity crowdfunding platform and the supervision of the platform. This study establishes empirical evidence of Social Media’s moderating effect on the performance of Equity Crowdfunding in China. The research fills in a gap relates to the absence of empirical research on the social media’s impact on equity-based crowdfunding performance in China. This is one of the first few studies to find that the founders’ experience of working in a branded Chain business improves the crowdfunding performance, which has not been stated by the existing equity crowdfunding discipline research and could be considered as a unique signal of equity crowdfunding performance under the nascent and unregulated Chinese equity crowdfunding industry It provides new insights into understanding the new-emerging equity crowdfunding industry in China in a signalling perspective with statistical evidence based on an empirical model. The study combines the views of both investors’ decision- making behaviour and entrepreneurs’ fundraising techniques which may serve as a basis for future research on the Equity Crowdfunding regulations in China.

An alternate to the two-tank molten salt thermal energy storage system using supercritical fluids is presented. This technology can enhance the production of electrical power generation and high temperature technologies for commercial use by lowering the cost of energy storage in comparison to current state-of-the-art molten salt energy storage systems. The volumetric energy density of a single-tank supercritical fluid energy storage system is significantly higher than a two-tank molten salt energy storage system due to the high compressibilities in the supercritical state. As a result, the single-tank energy storage system design can lead to almost a factor of ten decrease in fluid costs. This paper presents results from a test performed on a 5 kWht storage tank with a naphthalene energy storage fluid as part of a small preliminary demonstration of the concept of supercritical thermal energy storage. Thermal energy is stored within naphthalene filled tubes designed to handle the temperature (500 °C) and pressure (6.9 MPa or 1000 psia) of the supercritical fluid state. The tubes are enclosed within an insulated shell heat exchanger which serves as the thermal energy storage tank. The storage tank is thermally charged by flowing air at >500 °C over the storage tube bank. Discharging the tank can provide energy to a Rankine cycle (or any other thermodynamic process) over a temperature range from 480 °C to 290 °C. Tests were performed over three stages, starting with a low temperature (200 °C) shake-out test and progressing to a high temperature single cycle test cycling between room temperature and 480 °C and concluding a two-cycle test cycling between 290 °C and 480 °C. The test results indicate a successful demonstration of high energy storage using supercritical fluids.

Abstract The oil/steam ratio for both Cyclic Steam Stimulation (CSS) and Steam Flooding (SF) has almost reached economic limits in Liaohe, China's largest heavy oilfield. Complex displacement of CSS and SF assisted with foaming agents and CO2 has been applied at commercial scale to increase the oil production. In this paper, we will present a field case study of the complex displacement operation. We will discuss the details from the foaming agent selection, completion design, operation management and performance data analysis. To improve production rates for the low producing CSS and SF wells, a recovery method of complex displacement has been implemented at commercial scale in Liaohe oilfield. The application of the method depends on the reservoir condition, well completion design, injection time, types of foaming agents and so on. After a complicated optimization and careful field implementation, a satisfactory result was achieved. A complete field case will be studied in detail and comprehensive field performance data will be presented and analyzed. For both CSS and SF operations, the type of foaming agent and especially its injection rates for each of these operations is the key to the success of the project. Different types of foaming agents and injection rates have been trialed. The injection rates of CO2,and steam to form the agent have been optimized. Relatively mature complex displacement development technology has been developed for both CSS and SF and will be presented in the paper. As of today, more than 480 CSS wells have been operated with the assistance of CO2. The oil/steam ratio in those application well groups has increased by 7%, while the operating cost has decreased by 7.9%. Three SF well groups assisted with hot air foam have been tested. The incremental oil production was more than 60%. The goals of cost reduction and oil production increase have been achieved with the complex displacement method in both CSS and SF. As far as we know, this is the first paper to comprehensively introduce this type of complex displacement recovery method for CSS and SF in heavy oil operations. This complex displacement recovery method has been proved to be an effective method to improve the heavy oil recovery in Liaohe. It is believed the learning and experience can be beneficial for the other heavy oilfields around the world. In the meantime, it could also facilitate the utilization and storage of CO2.

The purpose of the current study was to evaluate the likelihood of inertial release of various production side release automotive seat belt buckles under acceleration loading conditions that could be expected to occur in real world accident events. Each test sample was secured to a specially designed vertical acceleration test fixture. This produced a rigid mount, which allowed impacts to be transmitted to the test buckle. A commercially available M/RAD 0909 Pneumatic Shock Machine was used to control the magnitude, shape and duration of the pulses transmitted to the fixture and test buckle. To measure and analyze the shock pulse generated by the M/RAD Pneumatic Shock Machine, an M/RAD SRA-1200 Shock Instrumentation System was used with the capacity to capture, display and analyze half-sine, saw tooth and square wave pulses. A display screen and computer printouts record peak accelerations, pulse durations and change in velocity. An ICP 305A04 accelerometer was attached to the base of the test fixture. All information was recorded at a rate of 8 kHz and was filtered using a digital four pole Butterworth zero phase shift filter, and a low pass filtering system set at L-P1 with a cutoff of 1100 Hz. The current test fixture was designed to accommodate various production side release buckles with interchangeable jaw plates, for the different style buckles, to provide a “rigid mount.” A constant load can be placed on the latch plate and can be varied from 4 to 133 N. The forces for a fixed latch side buckle did not open upto accelerations of about 480 G’s. In contrast, unprotected side release buckle released at accelerations of about one fourth that of protected.