January 25, 1974 Contract — Construction — Indemnity clause — Trader contracting to indemnify owner of hired crane against “all claims, demands, proceedings, damages, costs and…
Abstract
January 25, 1974 Contract — Construction — Indemnity clause — Trader contracting to indemnify owner of hired crane against “all claims, demands, proceedings, damages, costs and expenses…” — Driver of crane remaining owner's servant — Collision with lorry through negligence of owner's servant — Driver of lorry awarded damages against owner of crane — Third party proceedings by owner of crane against trader — Whether indemnity clause covering owner for negligence of his own servant.
Things seem to be going desperately wrong with the concept of the “brave new world” predicted by the starry‐eyed optimists after the Second World War finally came to an end. To…
Abstract
Things seem to be going desperately wrong with the concept of the “brave new world” predicted by the starry‐eyed optimists after the Second World War finally came to an end. To those who listen only to what they want to hear, see everything, not as it is, but as they would like it to be, a new society could be initiated and the lusty infant would emerge as a paragon for all the world to follow. The new society in truth never really got off the ground the biggest mistake of all was to cushion millions of people against the results of their own folly; to shelter them from the blasts of the ensuing economic climate. The sheltered ones were not necessarily the ordinary mass of people; many in fact were the victims and suffered the consequences. And now that the state has reached a massive crescendo, many are suffering profoundly. The big nationalised industries and vast services, such as the national health service, education, where losses in the case of the first are met by Government millions, requests to trim the extravagant spending is akin to sacrilege in the latter, have removed such terms as thrift, careful spending, value for money from the vocabulary.
C. Giampietro and M.L. Emiliani
The paper seeks to examine the presence of coercion in the common use of reverse auctions for industrial procurement and spend management activities, and to illustrate the many…
Abstract
Purpose
The paper seeks to examine the presence of coercion in the common use of reverse auctions for industrial procurement and spend management activities, and to illustrate the many problems that arise when purchasing and supply management is viewed by powerful buying organizations as a simple dyadic relationship with sellers.
Design/methodology/approach
The paper takes the form of a literature review, and analysis of the meaning of coercion, and supplier survey data.
Findings
Reverse auctions, as commonly used, are shown to be fundamentally coercive, with coercion being essential for achieving the outcomes that buyers seek.
Research limitations/implications
Survey responses and findings that can be drawn from them are limited due to the small sample size. Reflects the dyadic nature of buyers' corporate codes of conduct in relation to the day‐to‐day practice of purchasing and supply management.
Practical implications
The existence of coercion indicates that reverse auctions are inconsistent with corporate codes of ethics or codes of conduct with respect to supplier relationships (e.g. fairness, honesty, and integrity). Reverse auctions are also shown to be inconsistent with US federal procurement standards and the Institute of Supply Management's “Principles and standards of ethical supply management conduct”.
Originality/value
The paper brings to the forefront the existence of psychological and economic coercion in the common use of reverse auctions, and discusses how this creates difficult problems for both buyers and sellers. It also presents alternative strategies that managers in buying and selling organizations can use instead of reverse auctions.
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David Westlake, Lorna Stabler and John McDonnell
This paper presents findings from a project that aimed to support social work managers to observe, evaluate and give feedback on social work practice skills.
Abstract
Purpose
This paper presents findings from a project that aimed to support social work managers to observe, evaluate and give feedback on social work practice skills.
Design/methodology/approach
An embedded team of researchers observed over 300 meetings between parents and social workers and gave feedback based on an established research instrument that facilitated quantitative coding of individual skills such as empathy and purposefulness. Then managers took on this task to sustain ongoing feedback on practice skills beyond the timescale of the project.
Findings
A practice tool was successfully developed to take the place of the research instrument and aid managers in these observations, and it was implemented across a range of social work settings. The tool was used in a variety of ways by different managers which highlighted a range of views on what constitutes good practice. This raises questions about how far authorities can (or should) expect to achieve a consensus about the type of practice they want to deliver.
Research limitations/implications
The value of this project is primarily pragmatic, in that it shows the potential for using research to develop practice tools collaboratively. However, in doing so, it brings into focus key questions around the nature of good practice.
Practical implications
This paper presents a practice tool, based on an established research instrument that was co-developed with senior managers. It is an aid for observation that practitioners and managers can use to support practice development.
Originality/value
Few research studies have worked so closely with practice managers to develop a tool that can be used to support practice. The paper also highlights the crucial and neglected role of observation in practice development.
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Fifty years ago the political scientist Robert Dahl concluded that courts are usually in sync with “the policy views dominant among the lawmaking majorities” and thus offer little…
Abstract
Fifty years ago the political scientist Robert Dahl concluded that courts are usually in sync with “the policy views dominant among the lawmaking majorities” and thus offer little help to aggrieved minorities (Dahl, 1957, p. 285). In recent years, Dahl's classic formulation has received renewed attention. This chapter uses the example of the Rehnquist Court's First Amendment decisions to analyze “regime politics” theory. On religion cases the Rehnquist Court was generally in sync with the socially conservative strain in the Republican Party, but in other First Amendment areas the pattern is far more complex, raising questions about the relationship between conservative judges and the political movements that brought them to office.
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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The appellant, Leonard Gibson, was found guilty of the acquisition, possession or use of proceeds of criminal conduct contrary to s. 93B of the Criminal Justice Act 1988 (inserted…
Abstract
The appellant, Leonard Gibson, was found guilty of the acquisition, possession or use of proceeds of criminal conduct contrary to s. 93B of the Criminal Justice Act 1988 (inserted by s. 30 of the Criminal Justice Act 1993), and sentenced to nine months' imprisonment suspended for two years. The relevant provisions of s. 93B of the Act are:
Cameron Richards and Irina Safitri Zen
The purpose of this paper is to develop and explore the policy concept of corporate social responsibility (CSR) as a focus for sustainable development. To this end, it develops…
Abstract
Purpose
The purpose of this paper is to develop and explore the policy concept of corporate social responsibility (CSR) as a focus for sustainable development. To this end, it develops and explores the implications of a distinction between CSR as a marketing strategy and a more sustainable long-term commitment to changes in organizational culture and also society.
Design/methodology/approach
This a conceptual paper which develops a policy research framework for examining the CSR rationale as well as general concept as applied to the “plastic bags” public awareness campaign in the Malaysian case study. On this basis, its central inquiry approach is to develop and explore the distinction between surface and deep modes of CSR policy implementation as also related modes of social learning.
Findings
The findings from the conceptual inquiry recognize that corporations which fail to apply a deep rather than a surface commitment to their own CSR polices will sooner or later be judged on that basis by their customers as well as external stakeholders. Although CSR policies will always involve a corporate marketing focus, this is sustainable only if framed by a long-term organizational commitment to accountable change.
Originality/value
The paper makes, develops and further explores a basic accountability distinction between surface and deep modes of CSR as a management commitment, corporate policy implementation and related processes of corporate cultural change. This links to the paper’s associated innovation of linking CSR as both internal organizational learning and a larger sustainable development process of social learning.
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The purpose of this paper is to examine developments in the use of events by places from a predominantly place branding role based on image and economic impacts towards a broader…
Abstract
Purpose
The purpose of this paper is to examine developments in the use of events by places from a predominantly place branding role based on image and economic impacts towards a broader placemaking approach aimed at holistic improvements in place quality.
Design/methodology/approach
The research is based on a single case study approach, with the Dutch city of ‘s-Hertogenbosch (Den Bosch) as the focus. Data sources include resident surveys, depth interviews and analysis of policy documents.
Findings
The Den Bosch case illustrates the emergence of a more holistic approach to the use of events as a placemaking tool. The city shifted from an ad hoc events policy to the development of a multi-annual programme designed to produce economic, image, social cultural and network effects. This approach seems to have been successful in stimulating visitation, increasing visitor spend and raising the international profile of the city. At the same time, the city has developed many activities designed to mobilise local stakeholder groups and increase social cohesion, which provide essential support for the necessary investment.
Research limitations/implications
There are indications that sustaining such a programme over the longer term is difficult in the face of political and economic change. Adoption of a holistic approach also requires the mobilisation of a wide range of stakeholders.
Practical implications
Critical success factors for placemaking are identified.
Social implications
The Den Bosch programme helped to increase social cohesion in the city by involving residents and local cultural groups in different projects. However, this required a differentiated approach based on the needs of each group.
Originality/value
This study presents a placemaking model that can help to identify the different elements required in a successful placemaking programme. This is developed from a practice approach, which has the value of paying attention to how event programmes can be initiated and sustained by a group of actors.