• Title/Summary/Keyword: Contract Condition

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A Study on the Rule of Warranty in the English Law of Marine Insurance (영국 해상보험법상 담보(warranty)에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.275-305
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    • 2009
  • Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

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A Study on the Reformation of the Contract Time Extension Process in the Public Construction projects (공공건설사업에서 계약기간 연장처리방법 개선에 관한 연구)

  • Cho Young-Jun;Lee Sang-Beom
    • Korean Journal of Construction Engineering and Management
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    • v.6 no.3 s.25
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    • pp.81-89
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    • 2005
  • Delay schedule coming about duration extension is happening essentially because public construction project consist of many sub contractor. The method which can calculate delay day is suggested by many studies in case of happing delay schedule, but It is difficult to apply to real construction project because there is no mention about the control of The law of contract according to delay schedule. The law of Contract which is cost of account has more uncertain problem than FIDIC condition of contract. This study suggests method which can make extension of duration procedure clear in case of happing the reason of design change related with activity duration during carrying on construction, and a submission process of the reason of duration extension and modify schedule making way about section which is basis of calculating contract amount clear.

A Study on the Conditions, Trust and Intention to Contract of Franchise Head Offices under the Food Service Franchising Establishment (외식 프랜차이즈 창업자 환경이 가맹 본부 조건과 신뢰.계약 의사에 관한 연구)

  • Park, Hoen-Jin
    • Culinary science and hospitality research
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    • v.16 no.1
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    • pp.226-238
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    • 2010
  • This study investigates the recovery of trust and provision of a contract between a franchiser and a franchisee in the food service industry. It has come to the following results after analyzing the inter-affections among the franchisers' conditions, the trust level of their support and their intention to contract. First, such factors as experience, confidence, and expertise of a franchisee have significant effects on the terms of a franchiser. Second, ad support, experience, expertise, confidence, and capital factors have significant effects. Third, such factors as history of a franchiser, the number of its franchisees, its brand have significantly influence on trust. Fourth, educational support, utilization of job instruction and purchasing of packages have significant effects on intention to contract.

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The Effectiveness of the Direct and Indirect Contract-Relax Technique in PNF (고유수용성신경근촉진법(PNF) 수축-이완 기법의 직접적 간접적 방법의 비교)

  • Kim, Nan-Young;Kim, Eun-Hye;Kim, Hyeon-Ji;Kim, Hee-On;Park, Sun-U;Park, Seul-Gi;Yu, Seung-Yong;Yu, Ji-Yeon;Lee, Hyun-Ok
    • PNF and Movement
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    • v.14 no.1
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    • pp.7-14
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    • 2016
  • Purpose: The purpose of this study was to determine the effectiveness of direct and indirect methods of contract-relax techniques in proprioceptive neuromuscular facilitation (PNF) stretching for improving hamstring flexibility. Methods: Twenty-six subjects were randomly assigned to either a direct contract-relax technique group or an indirect contract-relax group. For each group, stretching intervention was performed three times a week for a period of two weeks, with 12 seconds for the contraction and 10 seconds for the relaxation per once. The direct contract-relax technique for hamstring flexibility was applied by asking the subject to press down on the shoulder of the trainer in the straight leg-raising position. Conversely, the indirect contract-relax technique was performed by raising the leg with resistance. To facilitate a comparative analysis of hamstring flexibility between the two groups before and after the stretching intervention, two-way repeated ANOVA was performed. Hamstring flexibility for each group was measured using a passive straight leg-raising test. Results: The results showed significant improvement in hamstring flexibility for all subjects in the two groups. However, there was no significant difference between the groups. Conclusion: In conclusion, both direct and indirect contract-relax techniques are confirmed to be useful for improving hamstring flexibility. The choice of suitable technique has to be made individually according to the condition of each subject.

The Analysis on Job Satisfaction of Personnel Engaged in Contract Food service Management Company (위탁급식전문업체 종사자와 직무만족도 분석)

  • 양일선;박문경;차진아;이해영
    • Korean Journal of Community Nutrition
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    • v.9 no.4
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    • pp.519-527
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    • 2004
  • This study was designed firstly to measure the job satisfaction (JS) levels of personnel engaged in contract food-service management company (CFMC), secondly to compare the job satisfaction levels by personal and company-related characteristics, and thirdly to identify the effects of JS facets on overall job satisfaction. Of 1135 respondents, there were 712 employees in the headquarters and 423 in the branch office. From an analysis on job satisfaction, overall job satisfaction level was 3.22 out of a maximum 5 and the co-worker (3.71) facet of JS was the highest job satisfaction followed by supervision (3.32), work itself (3.26), working condition (3.15), promotion (2.95) and payroll (2.74). In comparison of job satisfaction by personal characteristics, the personnel who were male (p < .01), had associate degrees (p < .01) or long-term careers in foodservice field (p < .05), or were regular employees (p < .01) perceived significantly higher than others for overall JS. In comparison of the job satisfaction by company-related characteristics, overall JS was significant by company scale (p < .01) and by work place (p < .05), but it was not significant by operating group. Finally, on the regression analysis for the effects of JS facets on overall JS, adjusted R2 was 0.534 (p < .001) and all six JS facets, especially payroll, had a positive effect on overall JS significantly (p < .001). Considering that the goal of enterprise on profit-making through customer satisfaction (CS) and the role of personnel on CS at moment of thrust (MOT), the findings confirmed the necessity for continuous internal marketing and human relation management focusing on the lower level of JS facets.

Identification of Contract Foodservice Management Companies' Push, Pull, and Interactive Push-Pull Factors for Internationalization by In-Depth Interview (심층면접을 활용한 위탁급식업체 국제화 추진, 유인 및 상호작용 요인 항목 선정)

  • Lee, Hyun-A;Han, Kyung-Soo
    • Journal of the Korean Society of Food Culture
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    • v.24 no.4
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    • pp.401-412
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    • 2009
  • The aims of study were to provide basic data for the internationalization of Contract Foodservice Management Companies (CFMC) and to gain a better understanding of internal push-and-pull factors through in-depth interviews. The interviewees were managers of four large CFMCs and one small-to-medium CFMC. The non-structured interview format employed an interview guide of open-ended questions. All interviews were digitally recorded and notes were taken simultaneously by an interview assistant. The narrative data analysis involved transcription, coding, classification by categories, and content analysis. Eighty-eight codes were generated from the interview analyses, and the subordinate variables uncovered included seven push factors, eight pull factors, one interactive factor, and 10 internal dynamics. These factors will be useful in further studies of the internal operations of specific CFMCs, and more generally, the practical condition of the industry.

Working Conditions of Occupational Health Nurses in Korea (산업간호사의 근무조건 실태 분석)

  • Kim, Young Im;Kim, Soon-Lae;Kim, Hee Girl;Lee, Jong Eun;Kim, Young Hee
    • Korean Journal of Occupational Health Nursing
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    • v.16 no.2
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    • pp.130-138
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    • 2007
  • Purpose: The aim of the study was to investigate the working condition of occupational health nurses and analyze change pattern of working condition compared to 10 years ago. Method: A questionnaire was measured to 431 occupational health nurses attending the training program held by the Korean Association of Occupational Health Nurses during the period from June 2005 through November 2005. Results: The number of respondents aged 30 years or older and those who are married increased, compared their counterparts found in the earlier study conducted in 1996. Respondents with a college degree accounted for 13.5% in the earlier study, but respondents with a college degree increased to 38.0% in the study. Those with more than 10 years of work experience also increased. Employment type of respondents divided into permanent employment(56.3%) and contract-based employment(41.1%), compared with permanent employment(66.4%) and contract-based employment(32.0%) found in the earlier study. Of total respondents, 91.1% said their retirement age was 55 years or above, and the ratio is higher than that found in the earlier study. Conclusion: The study revealed that the working condition for occupational health nurses especially career recognition, employment type and promotion system were getting worse. It is therefore necessary to implement measures to improve those conditions.

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Substandard Life Insurance and Medical Selection (표준하체보험(標準下體保險)과 의학적(醫學的) 선택(選擇))

  • Hirao, Masaharu
    • The Journal of the Korean life insurance medical association
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    • v.2 no.1
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    • pp.3-16
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    • 1985
  • Necessity of life insurance is stronger for people who feel some anxiety of their health. However, in fact, it is not permitted for them to get a contract, because life insurance stands on the mutual benefit system. Life insurance must be impartial to all applicants. However, it is very reasonable that an applicant, who has high medical impairment like heart infarction or cancer, is rejected, to have a contract by underwriting decision. On the other hand, if his medical impairment is not so severe, we might accept his application by giving some restriction. Numericalratingsystem by hunter-rogers gave us one of solutions to this problem. We can keep impartiality by using more restrictive decision, in order that we demand additional payment to the impairment applicant according to his mortality. We call this system as substandard life insurance. In this system we need detail information about impairments of applicants in order to decide the condition of substandard risks. Therefore, medical examiners are required to have high diagnostic technique.

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A study on the legal relationship between the change in the date of performance of trade contracts and the date of shipment of letters of credit (무역계약의 이행기일과 신용장 선적기일의 변경 간의 법률관계에 대한 연구)

  • Je-Hyun Lee
    • Korea Trade Review
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    • v.48 no.3
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    • pp.23-41
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    • 2023
  • The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.

A Study on the Unfair Aspect of Specific Provisions in the Construction Contract : Counterplan and Institutional Reformation (건설공사 계약서상 불공정특약에 대한 대처방안 및 제도개선에 관한 연구)

  • Choi Jea-Won;Park Keun-Hyung;Kim Yong-Su
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.6 s.22
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    • pp.146-153
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    • 2004
  • The purposes of this study are to survey unfair aspects of specific provisions in the construction contract, and to suggest counterplans and institutional reformations. The research method of this study includes judicial precedent analysis and a questionnaire survey, The results of this study are as follows: 1) the main problems of unfair specific provisions are payment condition, shifting of the responsibility and adjustment in the contract sum. 2) counterplans ate suggested according to the construction phase : bid, construction and completion phase. 3) institutional reformations include firming up regulations, supervision, invigoration of claim, development of variation guideline, and so on.