• Title/Summary/Keyword: Claim failure

Search Result 41, Processing Time 0.028 seconds

A Study on the Buyer's Remedies in respect of Defects in Title under CISG (CISG상 권리부적합에 대한 매수인의 구제권에 관한 연구)

  • Min, Joo Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.61
    • /
    • pp.3-28
    • /
    • 2014
  • This study describes the buyer's remedies regarding defects in title under CISG. Although CISG stipulates the seller's liability for the delivery of conforming goods physically at Art. 35 and legally at Art. 41 and Art. 42 respectively, the buyer's remedies are not distinguished between non-conformity governed by Art. 35 and defects in title governed by Art. 41 and Art. 42. If the seller does not fulfill his obligation under Art. 41 and Art. 42 to deliver goods which are free from third party claims, the buyer should pay attention to which remedies are available under CISG. Under CISG, for defects in title in the delivered goods, the buyer is entitled to require performance in Art. 46 (1) unless he has resorted to a remedy which is inconsistent with this requirement, to declare the contract avoided by strictly limiting the situation in which the failure by the seller to perform his obligation amounts to a fundamental breach of contract in Art. 49, to claim damages in Art. 74, and to suspend the performance of his obligation where it becomes apparent that the seller will not perform a substantial part of his obligation in Art. 71 (1). Unlike Art. 35 non-conformity, the buyer may not require delivery of substitute goods under Art. 46 (2), claim repair under Art. 46 (3), and declare price reduction for title defects under Art. 50.

  • PDF

A Token Based Protocol for Mutual Exclusion in Mobile Ad Hoc Networks

  • Sharma, Bharti;Bhatia, Ravinder Singh;Singh, Awadhesh Kumar
    • Journal of Information Processing Systems
    • /
    • v.10 no.1
    • /
    • pp.36-54
    • /
    • 2014
  • Resource sharing is a major advantage of distributed computing. However, a distributed computing system may have some physical or virtual resource that may be accessible by a single process at a time. The mutual exclusion issue is to ensure that no more than one process at a time is allowed to access some shared resource. The article proposes a token-based mutual exclusion algorithm for the clustered mobile ad hoc networks (MANETs). The mechanism that is adapted to handle token passing at the inter-cluster level is different from that at the intra-cluster level. It makes our algorithm message efficient and thus suitable for MANETs. In the interest of efficiency, we implemented a centralized token passing scheme at the intra-cluster level. The centralized schemes are inherently failure prone. Thus, we have presented an intra-cluster token passing scheme that is able to tolerate a failure. In order to enhance reliability, we applied a distributed token circulation scheme at the inter-cluster level. More importantly, the message complexity of the proposed algorithm is independent of N, which is the total number of nodes in the system. Also, under a heavy load, it turns out to be inversely proportional to n, which is the (average) number of nodes per each cluster. We substantiated our claim with the correctness proof, complexity analysis, and simulation results. In the end, we present a simple approach to make our protocol fault tolerant.

Analysis of a New Product Failure by the Use of Root Cause Analysis and Fault Tree Analysis: The Case of Samsung Galaxy Note7 (근본원인분석과 고장수목분석 기법을 활용한 신제품 실패 분석: 삼성 갤럭시노트7 사례를 중심으로)

  • Jung, Won-Jun;Ham, Dong-Han
    • Journal of Digital Convergence
    • /
    • v.15 no.8
    • /
    • pp.69-83
    • /
    • 2017
  • This study aims to analyze the causes of a new product failure by using system safety methods, focusing on the case of Samsung Galaxy Note7. However, when analyzing the causes of a product failure, if only technical problems are too emphasized, it is likely to miss other more meaningful causes of a failure. Thus, we claim that the root causes of a product failure should be identified in a broad perspective of integrated systems that include non-technical as well as technical elements. With this viewpoint, we investigated the failure of Samsung Galaxy Note7, by using Root Cause Analysis(RCA) and Fault Tree Analysis (FTA). The results showed that it is necessary to address not only the technical issues but also other non-technical issues, such as a very impetuous launch of a new product due to a very tough competition in the market. Additionally, we also found that RCA and FTA could be a useful tool for analyzing the causes of a new product failure from the viewpoint of an integrated system comprising technical and management elements.

The Conception & Fail-Mode Analysis of PTC Thermistor for Over-Current Protection (PST측면에서의 과전류 보호용PTC 소자의 개념 정립 및 Failure-Mode 분석)

  • 박준호
    • Proceedings of the Safety Management and Science Conference
    • /
    • 2001.05a
    • /
    • pp.67-75
    • /
    • 2001
  • Circuitry to be connected to a Telecommunication Network consists of SELV CIRCUITS or TNV CIRCUITS. So International Standards, like as ITU-T Recommendation K.11, UL 1950, CSA C22.2 950 have been taken to reduce the risk that the Overvoltages from the power lines and from electrictraction lines, that may be received from the telecommunication network. Legal requirements may exist regarding permission to connect equipment having PTC components to a telecommunication network. Surge suppressors that bridge the insulation shall have a minimum d.c. sparkover voltage of 1.6 times the rated voltage or 1.6 times the upper voltage of the tared voltage range of the equipment. If left in place during electric strength testing of insulation, they shall not be damaged. In this work, The Conception & Fail-Mode Analysis of PTC components for Over-Current Protection is proposed. It guarantees the protection for PL Claim about this Subject.

  • PDF

Developing a Project Management Information System for Construction Claims (건설 클레임에 대비한 정보관리시스템 개발)

  • Wang, Hankyeom;Park, Junil;Choi, Jaehyun
    • Korean Journal of Construction Engineering and Management
    • /
    • v.19 no.4
    • /
    • pp.70-81
    • /
    • 2018
  • Claims in the construction industry can have a serious impact on the profitability of the project or can even result in project failure if it fails to take appropriate prevention. In order to properly prevent and respond to the potential claims and legal disputes throughout the project execution, it is necessary to continuously accumulate informations and clearly define the roles and responsibilities of the important activities systematically. Based on these needs, this study develops and verifies the project information management system(PMIS) that can prevent and respond possible claims for construction projects. Developed system includes such management modules as schedule, cost, PM/CM, design, collaboration, and claims. The system was validated by adopting it to the practical projects. The results showed that information systems tailored to the construction claim need to elevate users' familiarity to be more useful. Besides, the system can be more functional when used by both owners and contractors.

A Study on the Seller's Obligation to Hand over Documents under the CISG (국제물품매매계약에 관한 UN협약(CISG)에서 매도인의 서류교부의무)

  • Huh, Eun-Sook
    • International Commerce and Information Review
    • /
    • v.13 no.3
    • /
    • pp.459-485
    • /
    • 2011
  • This paper examines the seller's obligation to deliver documents conforming to the terms of the sales contract as set forth in articles 30 and 34 of the CISG. Article 30 obliges the seller to band over documents relating to the goods. This obligation to band over documents is further elaborated in article 34. According to article 34, the documents must be tendered at the time and place, and in the form, required by the contract. If the seller has delivered non-conforming documents before the agreed time, he has the right to remedy the defects if this would not cause the buyer unreasonable inconvenience or expense. However, the buyer can claim any damages suffered despite the seller's remedy. Specific emphasis is placed on the interplay between the CISG and Incoterms. Incoterms contain detailed rules governing the obligations of the seller to provide for documents. Incoterms constitute international trade usage under articles 9(1) and 9(2) CISG and supplement construction of CISG with UCP under L/C transaction. In the event of failure by seller to deliver the necessary documents, the buyer has certain remedies available, such as the right to claim damages, the right to demand specific performance, and the right to repair. Furthermore, the failure to deliver the required documents under contract constitute a fundamental breach of the underlying sales contract as defined by article 25 of the CISG by the seller, and thereby enable the buyer to avoid the contract entirely article 49. However, it is stressed that since one of the main principles of the CISG is the preservation of the contract, the avoidance of the contract should remain a remedy of last resort.

  • PDF

The Cost of Child Rearing for Wrongful Conception (원치 않은 임신에 대한 아이의 부양비)

  • Bong, Young-Jun
    • The Korean Society of Law and Medicine
    • /
    • v.12 no.2
    • /
    • pp.219-263
    • /
    • 2011
  • "Wrongful conception" is a medical malpractice claim in which the plaintiff is the parent of a normal, healthy infant whose conception was unplanned and unwanted. Medical malpractice in wrongful conception can be the result of a failure to provide informed consent to a patient, failure to properly perform a surgery, or a physician's negligent handling of a patient's problems. In the concrete, wrongful conception cases fall into two categories; those involving pre-conception negligence, such as a failed contraceptive, sterilization or failing of the controlling of embryo-number on the IVF, and those involving post-conception negligence, such as a failure to diagnose a pregnancy or to perform an abortion procedure. In addition, Medical malpractice can be the result of a failure to provide informed consent to a patient. When bad results occur by medical malpractice or failure to provide informed consent to a patient, the range of recovery of damages is decided by a traditional civil liability law. However the calculation of damages for wrongful conception is not easy because the high value of life is included in that case. So many courts opinions in foreign country and Seoul High Court decision in 1996 allow damages for the pregnancy, birthing process and sterilization costs, but refuses to allow damages for child rearing expenses. As to the range of recovery of damages for wrongful conception, one approach says that to allow damages in a suit such as this would mean that the physician would have to pay for the fun, joy and affection which plaintiff will have in the rearing and educating of the plaintiff's baby. To allow such damages would be against the dignity of the baby based on article 10 of the Constitution. However another approach says that damages are recoverable for all expenses related to child birth as well as for child rearing costs. Because the damages that the parents should bear a burden to the tort damage done is not a baby itself but child rearing costs. In other words, although the baby is healthy or not, economic burden of the parents can not be disregard. And denial of compensation for costs of child rearing may invalidate the role of liability law, grant the physician with a exemption certificate of liability. As a result, the medical field of procreation can be easily isolated from a liability of reparation. Therefore, on the liability law like the other medical malpractice action, parents who became pregnant or gave a birth by physician, wrongfully performed sterilization operation, etc. should be compensated for all damages relevant to unplanned and unwanted conception or birth as well as costs of child rearing.

  • PDF

Differential Effects of Recovery Efforts on Products Attitudes (제품태도에 대한 회복노력의 차별적 효과)

  • Kim, Cheon-GIl;Choi, Jung-Mi
    • Journal of Global Scholars of Marketing Science
    • /
    • v.18 no.1
    • /
    • pp.33-58
    • /
    • 2008
  • Previous research has presupposed that the evaluation of consumer who received any recovery after experiencing product failure should be better than the evaluation of consumer who did not receive any recovery. The major purposes of this article are to examine impacts of product defect failures rather than service failures, and to explore effects of recovery on postrecovery product attitudes. First, this article deals with the occurrence of severe and unsevere failure and corresponding service recovery toward tangible products rather than intangible services. Contrary to intangible services, purchase and usage are separable for tangible products. This difference makes it clear that executing an recovery strategy toward tangible products is not plausible right after consumers find out product failures. The consumers may think about backgrounds and causes for the unpleasant events during the time gap between product failure and recovery. The deliberation may dilutes positive effects of recovery efforts. The recovery strategies which are provided to consumers experiencing product failures can be classified into three types. A recovery strategy can be implemented to provide consumers with a new product replacing the old defective product, a complimentary product for free, a discount at the time of the failure incident, or a coupon that can be used on the next visit. This strategy is defined as "a rewarding effort." Meanwhile a product failure may arise in exchange for its benefit. Then the product provider can suggest a detail explanation that the defect is hard to escape since it relates highly to the specific advantage to the product. The strategy may be called as "a strengthening effort." Another possible strategy is to recover negative attitude toward own brand by giving prominence to the disadvantages of a competing brand rather than the advantages of its own brand. The strategy is reflected as "a weakening effort." This paper emphasizes that, in order to confirm its effectiveness, a recovery strategy should be compared to being nothing done in response to the product failure. So the three types of recovery efforts is discussed in comparison to the situation involving no recovery effort. The strengthening strategy is to claim high relatedness of the product failure with another advantage, and expects the two-sidedness to ease consumers' complaints. The weakening strategy is to emphasize non-aversiveness of product failure, even if consumers choose another competitive brand. The two strategies can be effective in restoring to the original state, by providing plausible motives to accept the condition of product failure or by informing consumers of non-responsibility in the failure case. However the two may be less effective strategies than the rewarding strategy, since it tries to take care of the rehabilitation needs of consumers. Especially, the relative effect between the strengthening effort and the weakening effort may differ in terms of the severity of the product failure. A consumer who realizes a highly severe failure is likely to attach importance to the property which caused the failure. This implies that the strengthening effort would be less effective under the condition of high product severity. Meanwhile, the failing property is not diagnostic information in the condition of low failure severity. Consumers would not pay attention to non-diagnostic information, and with which they are not likely to change their attitudes. This implies that the strengthening effort would be more effective under the condition of low product severity. A 2 (product failure severity: high or low) X 4 (recovery strategies: rewarding, strengthening, weakening, or doing nothing) between-subjects design was employed. The particular levels of product failure severity and the types of recovery strategies were determined after a series of expert interviews. The dependent variable was product attitude after the recovery effort was provided. Subjects were 284 consumers who had an experience of cosmetics. Subjects were first given a product failure scenario and were asked to rate the comprehensibility of the failure scenario, the probability of raising complaints against the failure, and the subjective severity of the failure. After a recovery scenario was presented, its comprehensibility and overall evaluation were measured. The subjects assigned to the condition of no recovery effort were exposed to a short news article on the cosmetic industry. Next, subjects answered filler questions: 42 items of the need for cognitive closure and 16 items of need-to-evaluate. In the succeeding page a subject's product attitude was measured on an five-item, six-point scale, and a subject's repurchase intention on an three-item, six-point scale. After demographic variables of age and sex were asked, ten items of the subject's objective knowledge was checked. The results showed that the subjects formed more favorable evaluations after receiving rewarding efforts than after receiving either strengthening or weakening efforts. This is consistent with Hoffman, Kelley, and Rotalsky (1995) in that a tangible service recovery could be more effective that intangible efforts. Strengthening and weakening efforts also were effective compared to no recovery effort. So we found that generally any recovery increased products attitudes. The results hint us that a recovery strategy such as strengthening or weakening efforts, although it does not contain a specific reward, may have an effect on consumers experiencing severe unsatisfaction and strong complaint. Meanwhile, strengthening and weakening efforts were not expected to increase product attitudes under the condition of low severity of product failure. We can conclude that only a physical recovery effort may be recognized favorably as a firm's willingness to recover its fault by consumers experiencing low involvements. Results of the present experiment are explained in terms of the attribution theory. This article has a limitation that it utilized fictitious scenarios. Future research deserves to test a realistic effect of recovery for actual consumers. Recovery involves a direct, firsthand experience of ex-users. Recovery does not apply to non-users. The experience of receiving recovery efforts can be relatively more salient and accessible for the ex-users than for non-users. A recovery effort might be more likely to improve product attitude for the ex-users than for non-users. Also the present experiment did not include consumers who did not have an experience of the products and who did not perceive the occurrence of product failure. For the non-users and the ignorant consumers, the recovery efforts might lead to decreased product attitude and purchase intention. This is because the recovery trials may give an opportunity for them to notice the product failure.

  • PDF

The Task of the Translator: Walter Benjamin and Cultural Translation (번역자의 책무-발터 벤야민과 문화번역)

  • Yoon, Joewon
    • Journal of English Language & Literature
    • /
    • v.57 no.2
    • /
    • pp.217-235
    • /
    • 2011
  • On recognizing the significance of Walter Benjamin's "The Task of a Translator" in recent discourses of postcolonial cultural translation, this essay examines the creative postcolonialist appropriations of Benjamin's theory of translation and their political implications. In an effort to dismantle the imperialist political hierarchy between the West and the non-West, modernity and its "primitive" others, which has been the operative premise of the traditional translation studies and anthropology, newly emergent discourses of cultural translation actively adopts Benjamin's notion of translation that does not prioritize the original text's claim on authenticity. Benjamin theorizes each text-translation as well as the original-as an incomplete representation of the pure language. Eschewing formalistic views propounded by deconstructionist critics like Paul de Man, who tend to regard Benjamin's notion of the untranslatable purely in terms of the failure inherent in the language system per se, such postcolonialist critics as Tejaswini Niranjana, Rey Chow, and Homi Bhabha, each in his/her unique way, recuperate the significatory potential of historicity embedded in Benjamin's text. Their further appropriation of the concept of the "untranslatable" depends on a radically political turn that, instead of focusing on the failure of translation, salvages historical as well as cultural potentiality that lies between disparate cultural entities, signifying differences, or disjunctures, that do not easily render themselves to existing systems of representation. It may therefore be concluded that postcolonial discourses on cultural translation of Niranhana, Chow, and Bhabha, inspired by Benjamin, each translate the latter's theory into highly politicized understandings of translation, and this leads to an extensive rethinking of the act of translation itself to include all forms of cultural exchange and communicative activities between cultures. The disjunctures between these discourses and Benjamin's text, in that sense, enable them to form a sort of theoretical constellation, which aspires to an impossible yet necessary utopian ideal of critical thinking.

The Consequence Argument and the Supervenience Argument (결과논변과 수반논변)

  • Hong, Ji-Ho
    • Korean Journal of Logic
    • /
    • v.13 no.2
    • /
    • pp.135-165
    • /
    • 2010
  • In this paper, I explore Turner's argument against libertarianism. He claims that libertarians can't be compatible with naturalism, without abandoning the Consequence Argument. In order to support this claim, he proposes the Supervenience Argument. According to him, the Supervenience Argument can't be rejected without abandoning either the Consequence Argument or naturalism. But I show that libertarians don't have to accept his Supervenience Argument, even though they stick to the Consequence Argument, and that even though they accept his Supervenience Argument, they don't have to abandon the freedom of agent. For these reasons, I conclude that Turner's argument against libertarianism turns out a failure.

  • PDF