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Article
Publication date: 12 October 2015

Alan Whaley, Brodie McAdam and Paul Crowe

The aim of this paper is to explore the hypothesis that a contractor is entitled to payment for “constructive” acceleration implemented to avoid liquidated damages when denied a…

609

Abstract

Purpose

The aim of this paper is to explore the hypothesis that a contractor is entitled to payment for “constructive” acceleration implemented to avoid liquidated damages when denied a warranted time extension request by the employer or certifier under an English law construction contract. This claim is recognised in the US legal system, but not elsewhere.

Design/methodology/approach

This paper adopts a “black letter” approach to reviewing the claim of constructive acceleration within the context of English and Commonwealth case law, from the perspective of a claimant contractor.

Findings

The research presented in this paper concludes that whilst claims for constructive acceleration are unlikely to succeed in an English court on the basis of US law, a claim might be supportable on more orthodox common law grounds. These include implied instructions under the contract, breach of the contract based on the employer or certifier’s failure to operate the contract, mitigation of damages, unjust enrichment and tortious intimidation.

Research limitations/implications

The focus of this paper is placed on English, Unites States, Canadian and Australasian case law.

Practical implications

The range of potential legal grounds for constructive acceleration examined in this paper provides a toolkit for practitioners preparing to make or defend constructive acceleration claims. This paper also bring more clarity to a potential legal problem faced by practitioners in circumstances of significant tension and limited time.

Originality/value

This paper provides a useful information source for practitioners faced with the prospect of advancing or defending constructive acceleration claims, and it provides a foundation for future related studies examining a wider scope of jurisdictions.

Details

International Journal of Law in the Built Environment, vol. 7 no. 3
Type: Research Article
ISSN: 1756-1450

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Book part
Publication date: 29 May 2023

Ruchika Jain, Aradhana Sharma and Dhiraj Sharma

Introduction: As the human population grows, consumer demand for digital services tailored to their specific needs also increases. To improve the financial performance of farms…

Abstract

Introduction: As the human population grows, consumer demand for digital services tailored to their specific needs also increases. To improve the financial performance of farms and meet the need for food of a growing population, farmers and agribusinesses have started incorporating distributed ledger technology into agricultural and farm management software. These developments in the agriculture sector may lead to realising sustainable development goals.

Purpose: Several researchers have done studies to explore the features and benefits of blockchain technology in the field of agriculture. There is a need to analyse the available literature to identify the use of this technology in agriculture and the scope of further research. This chapter will mainly focus on its publication trend, journal productivity and impact, prolific studies, and coherent themes.

Methodology: For a comprehensive review, bibliometric and content analysis of 71 open-access articles collected through a structured database of Mendeley is done. These articles were published during 2017–2021.

Findings: The execution of blockchain is continuously increasing in the agriculture sector, which has resulted in automation in supply chain management, land registrations, and crop insurance. The study revolves around supply chain management, digitisation of agriculture, and sustainable economic development. This study’s conclusions can help agriculturalists improve their understanding of blockchain implementation in agriculture. The study also gives directions for future research.

Details

Smart Analytics, Artificial Intelligence and Sustainable Performance Management in a Global Digitalised Economy
Type: Book
ISBN: 978-1-83753-416-6

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Book part
Publication date: 25 November 2024

James Hawdon and Donna Sedgwick

This chapter weaves the finding from the previous chapters together to explain how perceptions of and responses to a pandemic are not static but change over the course of the…

Abstract

This chapter weaves the finding from the previous chapters together to explain how perceptions of and responses to a pandemic are not static but change over the course of the pandemic and in between the governance and social welfare structures of the nations they affect. We consider the cross-national differences in outcomes and relate these to a variety of strategies used to curb the pandemic’s spread. We then conduct a series of analyses that examine our underlying arguments using data collected in November 2023, approximately 6 months after the pandemic was declared to be over. We find that compliance with health-protective recommendations is correlated with positive health outcomes. Specifically, we investigate how compliance correlates with the number of times an individual became ill with COVID-19. We then use variables discussed throughout the book to investigate how these factors correlate with complying with protective health measures, including being vaccinated and wearing face coverings during the pandemic. We find that collaborative factors are good predictors of compliance with health-protective recommendations. We then investigate how factors such as planned behavioral changes to mitigate the pandemic’s effect, attitudes toward government spending, media consumption, political party, and exposure to hate materials relate to the compliance factors. Ultimately, we demonstrate how the behavior of elites and the perceptions and attitudes of citizens during the initial stages of the pandemic shaped the pandemic’s long-term consequences. The chapter concludes by summarizing the findings from the previous chapters to set the stage for the concluding chapter.

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Perceptions of a Pandemic: A Cross-Continental Comparison of Citizen Perceptions, Attitudes, and Behaviors During Covid-19
Type: Book
ISBN: 978-1-83608-625-3

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Article
Publication date: 1 January 1989

On its stated terms as “a descriptive conspectus” of the 550 titles registered in British Library publications 1988, together with the many newsletters and priced and unpriced…

79

Abstract

On its stated terms as “a descriptive conspectus” of the 550 titles registered in British Library publications 1988, together with the many newsletters and priced and unpriced ephemeral literature emanating from its multifarious services and agencies, this careful compilation will no doubt fulfil a need for students and teachers of librarianship and information science here and abroad. There is a select bibliography of two pages and a 28‐page index. Proof reading is excellent, just a few slips, e.g. the Dainton Committee was set up in 1967 not 1957, IOLR had c.400,00 books ands serials, not 4 million.

Details

Library Review, vol. 38 no. 1
Type: Research Article
ISSN: 0024-2535

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Book part
Publication date: 15 July 2014

Daniel Silver and Terry Nichols Clark

The rise of arts and culture is transforming citizen politics. Though new to many social scientists, this is a commonplace for many policy makers. We seek to overcome this divide…

Abstract

The rise of arts and culture is transforming citizen politics. Though new to many social scientists, this is a commonplace for many policy makers. We seek to overcome this divide by joining culture and the arts with classic concepts of political analysis. We offer an analytical framework incorporating the politics of cultural policy alongside the typical political and economic concerns. Our framework synthesizes several research streams that combine in global factors driving the articulation of culture into political/economic processes. The contexts of Toronto and Chicago are explored as both enhanced the arts dramatically, but Toronto engaged artists qua citizens, while Chicago did not.

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Can Tocqueville Karaoke? Global Contrasts of Citizen Participation, the Arts and Development
Type: Book
ISBN: 978-1-78190-737-5

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Book part
Publication date: 1 October 2018

Naomi Woodspring

Abstract

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Baby Boomers, Age, and Beauty
Type: Book
ISBN: 978-1-78743-824-8

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Article
Publication date: 1 March 1972

Food—national dietary standards—is a sensitive index of socio‐economic conditions generally; there are others, reflecting different aspects, but none more sensitive. A country…

149

Abstract

Food—national dietary standards—is a sensitive index of socio‐economic conditions generally; there are others, reflecting different aspects, but none more sensitive. A country that eats well has healthy, robust people; the housewife who cooks hearty, nourishing meals has a lusty, virile family. It is not surprising, therefore, that all governments of the world have a food policy, ranking high in its priorities and are usually prepared to sacrifice other national policies to preserve it. Before the last war, when food was much less of an instrument of government policy than now—there were not the shortages or the price vagaries—in France, any government, whatever its colour, which could not keep down the price of food so that the poor man ate his fill, never survived long; it was—to make use of the call sign of those untidy, shambling columns from our streets which seem to monopolize the television news screens—“out!” Lovers of the Old France would say that the country had been without stable government since 1870, but the explanation for the many changes in power in France in those pre‐war days could be expressed in one word—food!

Details

British Food Journal, vol. 74 no. 3
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 1 February 1938

The following definitions and standards for food products have been adopted as a guide for the officials of this Department in enforcing the Food and Drugs Act. These are…

13

Abstract

The following definitions and standards for food products have been adopted as a guide for the officials of this Department in enforcing the Food and Drugs Act. These are standards of identity and are not to be confused with standards of quality or grade; they are so framed as to exclude substances not mentioned in the definition and in each instance imply that the product is clean and sound. These definitions and standards include those published in S. R. A., F. D. 2, revision 4, and those adopted October 28, 1936.

Details

British Food Journal, vol. 40 no. 2
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 1 January 1977

E. MICHAEL KEEN

After considering the search process and functions of index entries, a classification of entry types is offered, based on index term context, predominant term order, and…

93

Abstract

After considering the search process and functions of index entries, a classification of entry types is offered, based on index term context, predominant term order, and between‐term function words. Then a multiple entry generation scheme is described, comprising rules for term manipulation, input and output. After discussing access points and cross reference measures, a preliminary linguistic analysis is given, showing links with psycholinguistics. The study forms the basis of a current laboratory investigation (EPSILON) into a number of entry types.

Details

Journal of Documentation, vol. 33 no. 1
Type: Research Article
ISSN: 0022-0418

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Article
Publication date: 1 February 2003

Steven Graham and Wendy L. Pirie

The fact that stocks going ex‐dividend decline in price by less than the dividend amount is theoretically attributed to the differential taxation of dividend and capital gains or…

962

Abstract

The fact that stocks going ex‐dividend decline in price by less than the dividend amount is theoretically attributed to the differential taxation of dividend and capital gains or the differential taxation of investor groups. NYSE, Amex and Toronto Stock Exchange listed stocks, and stocks interlisted on these three exchanges, are examined to infer the tax jurisdiction of the marginal investor. The stock price changes relative to the dividends are consistent with a tax clientele effect. Further, the stock price changes are plausible given the tax rates. Ex‐dividend day behavior is different for non‐interlisted stocks on all three exchanges, suggesting each exchange has a different tax clientele. Canadian firms interlisted on US exchanges exhibit ex‐dividend day behavior consistent with the appropriate US exchange’s non‐interlisted stocks, suggesting that the marginal investors in these stocks are American.

Details

Managerial Finance, vol. 29 no. 1
Type: Research Article
ISSN: 0307-4358

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