• Asia-Pacific Journal of Business
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• v.11 no.3
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• pp.273-290
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• 2020

Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.

• Steel and Composite Structures
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• v.42 no.1
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• pp.1-22
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• 2022

In cold-formed steel (CFS) structures, such as trusses, transmission towers and portal frames, the use of back-to-back built-up CFS unequal angle sections are becoming increasingly popular. In such an arrangement, intermediate welds or screw fasteners are required at discrete points along the length, preventing the angle sections from buckling independently. Limited research is available in the literature on axial strength of back-to-back built-up CFS unequal angle sections. The issue is addressed herein. This paper presents an experimental investigation reported by the authors on back-to-back built-up CFS unequal angle sections with intermediate stiffeners under axial compression. The load-axial shortening behaviour along with the deformed shapes at failure are reported. A nonlinear finite element (FE) model was then developed, which includes material non-linearity, geometric imperfections and modelling of intermediate fasteners. The FE model was validated against the experimental test results, which showed good agreement, both in terms of failure loads and deformed shapes at failure. The validated finite element model was then used for the purpose of a parametric study comprising 96 models to investigate the effect of longer to shorter leg ratios, stiffener provided in the longer leg, thicknesses and lengths on axial strength of back-to-back built-up CFS unequal angle sections. Four different thicknesses and seven different lengths (stub to slender columns) with three overall widths to the overall depth (B/D) ratios were investigated in the parametric study. Axial strengths obtained from the experimental tests and FE analyses were used to assess the performance of the current design guidelines as per the Direct Strength Method (DSM); obtained comparisons show that the current DSM is conservative by only 7% and 5% on average, while predicting the axial strengths of back-to-back built-up CFS unequal angle sections with and without the stiffener, respectively.

• Tunnel and Underground Space
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• v.23 no.3
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• pp.219-227
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• 2013

Although Mohr-Coulomb failure criterion has limitations in that it is a linear criterion and the effect of the intermediate principal stress on failure is ignored, this criterion has been widely accepted in rock mechanics design. In order to overcome these shortcomings, the Hoek-Brown failure criterion was introduced and recently a number of 3-D failure criteria incorporating the effect of the intermediate principal stress on failure have been proposed. However, in many rock mechanics designs, the possible failure of rock mass is still evaluated based on Mohr-Coulomb criterion and most of practitioners are accustomed to understanding the strength of rock mass in terms of the internal friction angle and cohesion. Therefore, if the equivalent Mohr-Coulomb strength parameters of the advanced failure criteria are calculated, it is possible to take advantage of the advanced failure criteria in the framework of the Mohr-Coulomb criterion. In this study, a method expressing the tangential Mohr-Coulomb strength parameters in terms of the stress invariant is proposed and it is applied to the generalized Hoek-Brown criterion and the HB-WW criterion. In addition, a new approach describing the geometric meaning of the ${\sigma}_2$-dependency of failure criteria in 3-D principal stress space is proposed. Implementation examples of the proposed method show that the influence of the intermediate principal stress on the tangential friction angle and cohesion of the HB-WW criterion is considerable, which is not the case for the 2-D failure criterion.

• Bulletin of the Korean Chemical Society
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• v.10 no.4
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• pp.374-377
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• 1989

Photolysis of dichlorodiphenylmethane in glassy 2-MeTHF at 77K results in the formation of diphenylcarbene and the diphenylchloromethyl radical, which were detected by their flourescence emission and excitation spectra. The relative yield of the carbene to radical is shown to vary dramatically as a function of irradiation time. The photolability of the radical is also demonstated. These results were interpreted in terms of a two step mechanism, where the diphenylchloromethyl radical is an intermediate in the formation of diphenylcarbene.

• Bulletin of the Korean Chemical Society
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• v.16 no.4
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• pp.310-315
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• 1995

The heterobimetallic anion, (OC)5CrMn(CO)5-M+ (M+=Na+, PPN+), which has a donor-acceptor metal-metal bond1, was reacted with allyl bromide to yield BrCr(CO)5- and Mn(CO)5(CH2CHCH2). The reaction mechanism has been proposed in terms of the consecutive reaction pathway in which Cr(CO)5(THF) is an important intermediate leading to the corresponding product. Counterion effect on this reaction was also evaluated and the results were compared with those of the corresponding reaction of the mononuclear carbonyl anion, Mn(CO)5-.

• Structural Engineering and Mechanics
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• v.3 no.4
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• pp.359-372
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• 1995

This study presents an efficient method for optimum design of plate and shell structures, when the design variables are continuous or discrete. Both sizing and shape design variables are considered. First the structural responses such as element forces are approximated in terms of some intermediate variables. By substituting these approximate relations into the original design problem, an explicit nonlinear approximate design task with high quality approximation is achieved. This problem with continuous variables, can be solved by means of numerical optimization techniques very efficiently, the results of which are then used for discrete variable optimization. Now, the approximate problem is converted into a sequence of second level approximation problems of separable form and each of which is solved by a dual strategy with discrete design variables. The approach is efficient in terms of the number of required structural analyses, as well as the overall computational cost of optimization. Examples are offered and compared with other methods to demonstrate the features of the proposed method.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2009.04a
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• pp.167-172
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• 2009

The purpose of this study is examine the characteristics of public open space in the office buildings located in urban commercial strip, in terms of its relationships to street, to building, and to order surrounding facilities. Theoretical basis of this research is that public outdoor spaces are to be the intermediate territory set between streets and a buildings. 5 commercial buildings in Seoul are selected as sample cases and they were closely analyzed in a comparative manner. Based on this comparison, several planning guidelines are suggested for the activation of the space, mainly in terms of the location of public open space in relation to street, the design techniques and devises reflecting the purpose of the space, and territorial arrangement and furniture layout, and the patterns of relationship to surrounding space and facilities.

• English Language & Literature Teaching
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• v.17 no.4
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• pp.207-227
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• 2011

This paper investigates how two different modes of feedback (selective vs. comprehensive) affect selected students' writing development in terms of three different types of measurement (accuracy, fluency, and complexity). 139 university students participated in the study, and 278 writing samples were analyzed. The results of the study indicate that participants who received selective feedback wrote more accurately and fluently than their counterparts. However, in terms of complexity, both selective and comprehensive groups showed no sign of improvement in semester-based investigations. The results of this study support Skehan's (2009) theory of trade-off effects, suggesting that 'natural' tension exists between accuracy and complexity when resources are limited. Moreover, this finding contrasts with the theory of Cognition Hypothesis, which proposes that task complexity will be associated with increases in complexity and accuracy. In the study, selected participants (N=21) strongly nominated their error sources as unfamiliarity toward using key words, usage, transition, and sentence types. This study not only contributes to the accumulation of our current knowledge in the related area of theory, but offers educational implications for those who are dealing with intermediate-level students when deciding what particular teaching content should constitute a priority within a limited instructional period.

• Bulletin of the Korean Chemical Society
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• v.22 no.7
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• pp.732-738
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• 2001

The cross second-derivative of the activation energy,${\theta}$G${\neq}$ , with respect to the two component thermodynamic barriers, ${\theta}$G˚X and ${\theta}$G$^{\circ}C$Y, can be given in terms of a cross-interaction constant (CIC), $\betaXY(\rhoXY)$, and also in terms of the intrinsic barrier,${\theta}$G${\neq}$ , with a simple relationship between the two: $\betaXY$ = $-1}(6${\theta}$G${\neq}$).$ This equation shows that the distance between the two reactants in the adduct (TS, intermediate, or product) is inversely related to the intrinsic barrier. An important corollary is that the Ritchie N+ equation holds (for which $\betaXY$ = 0) for the reactions with high intrinsic barrier. Various experimental and theoretical examples are presented to show the validity of the relationship, and the mechanistic implications are discussed.

• Journal of the Korean Society of Industry Convergence
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• v.26 no.3
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• pp.411-419
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• 2023

In this paper, NIMONIC 86 material was tried to apply to exhaust valve for small-sized marine diesel engine. The both structural stability and thermal resistance in high temperature were needed to use the NIMONIC 86 material as exhaust valve for small-sized marine diesel eng ine. The purpose of this study is to investig ate the application of NIMONIC 86 material to exhaust valve of small-sized marine diesel engine by comparing, respectively, SUH 3 and STS 316 materials. As the results, NIMONIC 86 material has intermediate characteristics between SUH 3 and STS 316 materials in terms of the strength in condition of room temperature. Further NIMONIC 86 material was evaluated to have better characteristics than SUH 3 and STS 316 materials in terms of the thermal conductivity.