The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings…
Abstract
Purpose
The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings of the term and typically an exclusion clause will not solely relate to consequential loss, but will also include other heads of losses for which the party will not be liable for, such as loss of profit, loss of revenue and loss of business.
Design/methodology/approach
The question emerges as to whether the term consequential loss has a definitive legal meaning in its own right. This study seeks to ascertain the definition of the term consequential loss within the construction industry through a review of the legal position regarding liability for breach of contract and consequential loss through the consideration of the case law relating to this topic and the associated secondary sources of information.
Findings
The study concludes by elucidating a clear interpretation of the term consequential loss and guidance of how it should be used in contract law.
Originality/value
Recent cases and established authorities are considered together for the first time in this work which assists in the development of legal principles of direct and indirect losses and the determination of how they apply to the built environment.
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Roseline Nyakerario Misati, Alfred Shem Ouma and Kethi Ngoka-Kisinguh
All over the world, the role of central banks is being redefined following the outbreak of the global financial crisis and subsequent breakdown of the “great moderation”…
Abstract
All over the world, the role of central banks is being redefined following the outbreak of the global financial crisis and subsequent breakdown of the “great moderation” consensus. Consequently, most advanced economies adopted non-conventional approaches of monetary policy which resulted in spill-overs to emerging markets and developing countries with implications on their financial system and monetary policy transmission. This, coupled with, internal developments in the financial systems of developing countries necessitated modifications of not only monetary policy frameworks but also responsibilities of most central banks. This chapter acknowledges possible evolutions of the financial structure variables in developing countries and uses data from Kenya to analyze the dynamic linkages between financial sector variables and monetary policy transmission in the light of the financial crisis. The study used structural vector autoregression to examine the relationship between financial structure variables and monetary policy as well as assess the relative importance of various monetary transmission channels in Kenya. The results show that the changing financial structure represented by credit to the private sector and stock market indicators in Kenya only slightly altered relative importance of monetary policy transmission. The insignificance of credit to the private sector suggests that the importance attached to the bank lending channel in previous studies is waning while the marginal significance of the stock market indicator signals the potential for asset price channel. The results also indicate that the interest rate and exchange rate channels are relatively more important in Kenya while the asset prices is only marginally significant and bank lending channel is the weakest in the intermediate stage of monetary policy transmission. However, transmission of monetary policy to the ultimate objectives is somewhat slow and weak to inflation and almost absent to output. The result implies a limited role of monetary policy on growth and questions the wisdom of pursuing multiple objectives.
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Hillary Chijindu Ezeaku, Obiamaka P. Egbo, Ifeoma Nwakoby and Josaphat U.J. Onwumere
The purpose of this paper is to assess the relative effectiveness of bilateral and multilateral concessional debts on economic growth in 32 sub-Saharan African (SSA) countries…
Abstract
Purpose
The purpose of this paper is to assess the relative effectiveness of bilateral and multilateral concessional debts on economic growth in 32 sub-Saharan African (SSA) countries over the period 1985–2016.
Design/methodology/approach
The recently developed dynamic panel autoregressive distributed lag models which comprise three different estimators, the mean group, pooled mean group (PMG) estimator and dynamic fixed effect, were applied to estimate the model. Following these estimators, the Hausman test was employed to determine the efficient and consistent estimator.
Findings
The results showed that bilateral concessional debts had a negative impact on growth. From the findings, a 1 percent increase in bilateral concessional debts induced economic growth to decline by 38.1 percent points in the short run, and by 7.1 percent points in the long run; convergence to long-run equilibrium adjusted at the speed of 90 percent on an annual basis. Multilateral concessional debts were found to have a positive impact on growth both in the short and long run. The coefficient of the error term was negatively signed and indicates that deviations from the long-run equilibrium path were being corrected at the speed of 89.4 percent annually.
Originality/value
To the authors’ best knowledge, empirical studies that specifically seek to examine how bilateral and multilateral concessional debts impacted on growth are yet to attract the attention of researchers. As a result, this study will complement related extant growth studies, especially in the case of SSA.
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Channing Arndt, Sam Jones and Finn Tarp
We consider the relationship between external aid and development in Mozambique from 1980–2004, identifying the specific mechanisms through which aid has influenced the…
Abstract
We consider the relationship between external aid and development in Mozambique from 1980–2004, identifying the specific mechanisms through which aid has influenced the developmental trajectory of the country. We undertake both a growth accounting analysis and review the intended and unintended effects of aid at the micro-level. Sustained aid flows to Mozambique, in conflict and post-conflict periods, have made an unambiguous, positive contribution to rapid growth since 1992. However, proliferation of donors and aid-supported interventions has burdened local administration, indicating a need for deeper domestic government accountability. To sustain growth, Mozambique must maximize benefits from natural resources while promoting constructive international market integration.
Jaideep Roy and Prabal Roy Chowdhury
In a global environment where terrorist organisations based in a poor country target a rich nation, this paper aims to study the properties of a dynamically incentive compatible…
Abstract
Purpose
In a global environment where terrorist organisations based in a poor country target a rich nation, this paper aims to study the properties of a dynamically incentive compatible contract designed by the target nation that involves joint counter-terror tasks with costly participation by each country. The counter-terror operations are however subject to ex post moral hazard, so that to incentivise counter-terror, the rich country supplies developmental aid. Development aid also helps avoid unrest arising from counter-terror activities in the target nation. However, aid itself can be diverted to non-developmental projects, generating a novel interlinked moral hazard problem spanning both tasks and rewards.
Design/methodology/approach
The authors use a dynamic model where the aid giving countries and aid receiving countries behave strategically. Then they solve for the sub game perfect Nash equilibrium of this game.
Findings
The authors characterise the optimal contract, showing that the dynamic structure of counter-terror resembles the shock-and-awe discussed by military strategists. The authors then prove that it is not necessarily the case that a more hawkish (resp. altruistic) donor is less pro-development (resp. softer on terror). In addition, the authors show that it may be easier to contract for higher counter-terror inputs when the recipient is more sympathetic to terrorists. The authors also discuss other problems faced by developing nations where this model can be readily adopted and the results can endorse appealing policy implications.
Originality/value
The authors characterise the optimal contract, showing that the dynamic structure of counter-terror resembles the shock-and-awe discussed by military strategists. It is proved that it is not necessarily the case that a more hawkish (resp. altruistic) donor is less pro-development (resp. softer on terror). In addition, the authors show that it may be easier to contract for higher counter-terror inputs when the recipient is more sympathetic to terrorists. Other problems faced by developing nations are also discussed where this model can be readily adopted, and the results can endorse appealing policy implications. These results have important policy implications, in particular in today’s world.
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Ellen A. Donnelly, Madeline Stenger, Daniel J. O'Connell, Adam Gavnik, Jullianne Regalado and Laura Bayona-Roman
This study explores the determinants of police officer support for pre-arrest/booking deflection programs that divert people presenting with substance use and/or mental health…
Abstract
Purpose
This study explores the determinants of police officer support for pre-arrest/booking deflection programs that divert people presenting with substance use and/or mental health disorder symptoms out of the criminal justice system and connect them to supportive services.
Design/methodology/approach
This study analyzes responses from 254 surveys fielded to police officers in Delaware. Questionnaires asked about views on leadership, approaches toward crime, training, occupational experience and officer’s personal characteristics. The study applies a new machine learning method called kernel-based regularized least squares (KRLS) for non-linearities and interactions among independent variables. Estimates from a KRLS model are compared with those from an ordinary least square regression (OLS) model.
Findings
Support for diversion is positively associated with leadership endorsing diversion and thinking of new ways to solve problems. Tough-on-crime attitudes diminish programmatic support. Tenure becomes less predictive of police attitudes in the KRLS model, suggesting interactions with other factors. The KRLS model explains a larger proportion of the variance in officer attitudes than the traditional OLS model.
Originality/value
The study demonstrates the usefulness of the KRLS method for practitioners and scholars seeking to illuminate patterns in police attitudes. It further underscores the importance of agency leadership in legitimizing deflection as a pathway to addressing behavioral health challenges in communities.
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Since the 1950s, the closet has been the chief metaphor for conceptualizing the experience of sexual minorities. Social change over the last four decades has begun to dismantle…
Abstract
Since the 1950s, the closet has been the chief metaphor for conceptualizing the experience of sexual minorities. Social change over the last four decades has begun to dismantle some of the social structures that historically policed heteronormativity and forced queer people to manage information about their sexuality in everyday life. Although scholars argue that these changes make it possible for some sexual minorities to live “beyond the closet” (Seidman, 2002), evidence shows the dynamics of the closet persist in organizations. Drawing on a case study of theme park entertainment workers, whose jobs exist at the nexus of structural conditions that research anticipates would end heterosexual domination, I find that what initially appears to be a post-closeted workplace is, in fact, a new iteration: the walk-in closet. More expansive than the corporate or gay-friendly closets, the walk-in closet provides some sexual minorities with a space to disclose their identities, seemingly without cost. Yet the fundamental dynamics of the closet – the subordination of homosexuality to heterosexuality and the continued need for LGB workers to manage information about their sexuality at work – persist through a set of boundaries that contain gayness to organizationally desired places.
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Elisabeth K. Kelan and Patricia Wratil
Chief executive officers (CEOs) are increasingly seen as change agents for gender equality, which means that CEOs have to lead others to achieve gender equality. Much of this…
Abstract
Purpose
Chief executive officers (CEOs) are increasingly seen as change agents for gender equality, which means that CEOs have to lead others to achieve gender equality. Much of this leadership is going to happen through talk, which raises the question as to how CEOs talk about gender equality to act as change agents. The purpose of this paper is to understand the arguments of CEOs deploy.
Design/methodology/approach
Drawing on interviews with global CEOs, who have publicly supported gender equality work, the article draws on discourse analysis to understand the arguments of CEOs deploy.
Findings
The analysis shows that CEOs deploy three arguments. First, CEOs argue that women bring special skills to the workplace, which contributes to a female advantage. Second, CEOs argue that the best person for the job is hired. Third, CEOs talk about how biases and privilege permeate the workplace. The analysis shows that CEOs are often invested in essentialised views of gender while holding onto ideals of meritocracy.
Originality/value
The article suggests that how leaders talk about gender equality leads to continuity, rather than change in regard to gender equality.