• 제목/요약/키워드: Mitigate Losses

검색결과 49건 처리시간 0.02초

국제물품매매협약상 손해경감의무 (Duty to Mitigate Damages under CISG)

  • 허해관
    • 무역상무연구
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    • 제69권
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    • pp.63-84
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    • 2016
  • Article 77 of CISG requires an aggrieved party, the promisee, claiming damages to take reasonable measures to mitigate losses. The reasonable measures required hereunder are limited to those that can be expected under the circumstances having regard to the principle of good faith. When taking such measures, the aggrieved party must do so within a reasonable time under the circumstances. The expenses incurred in taking such measures are recoverable from the promisor. If the aggrieved party fails to do so, the damages recoverable from the promisor are reduced in the amount the loss that should have been mitigated. The aggrieved party's duty to mitigate damages applies to claim for damages only. That is, the violation of this duty should not be invoked against other remedies available under CISG, such as the right to claim specific performance, the right to claim for the price or the right of reduction of price. In practice, under the provision of article 77, the aggrieved party, the seller or the buyer, is often required to enter into a substitute transaction as a measure to mitigate losses and many cases involving a substitute transaction are internationally reported. Therefore this paper intends to provide a certain understanding of the aggrieved party's duty to take measures to mitigate losses based on such cases reported.

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국제물품매매계약에 관한 UN협약(CISG)상 손해배상액 산정기준의 해석과 적용 (A Study on the Legal Assessment and Cases of Damages under CISG)

  • 심종석
    • 무역상무연구
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    • 제55권
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    • pp.3-32
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    • 2012
  • CISG article 74 establishes the general formula applicable in all cases where an aggrieved party is entitled to recover damages. It provides that damages for breach of contract comprise all losses, including loss of profits, caused by the breach, to the extent that these losses were foreseeable by the breaching party at the time the contract was concluded. An aggrieved party may claim under article 74 even if entitled to claim under article 75 or 76. The latter articles explicitly provide that an aggrieved party may recover additional damages under article 74. Articles 75 and 76 apply only in cases where the contract has been avoided. Article 75 measures damages concretely by reference to the price in a substitute transactions, while article 76 measures damages abstractly by reference to the current market price. Article 76 (1) provides that an aggrieved party may not calculate damages under article 76 if it has concluded a substitute transaction under article 75. If however, an aggrieved party concludes a substitute transaction for less than the contract quantity, both articles 75 and 76 may apply. Pursuant to article 77, damages recoverable under articles 74, 75 or 76 are reduced if it is established that the aggrieved party failed to mitigate losses. The reduction is the amount by which the loss should have been mitigated. Article 78 entitles a party to interest on the price and any other sum that is in arrears.

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Who's Hit Hardest? The Persistence of the Employment Shock by the COVID-19 Crisis

  • HAN, JOSEPH
    • KDI Journal of Economic Policy
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    • 제43권2호
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    • pp.23-51
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    • 2021
  • The persistence of the employment shock by COVID-19 has various policy implications during the pandemic and beyond it. After evaluating the impact of the health crisis at the individual level, this study decomposes employment losses into persistent and transitory components using the observed timing of the three major outbreaks and subsequent lulls. The estimation results show that while face-to-face services were undoubtedly hit hard by the COVID-19 crisis, the sectoral shock was less persistent for temporary jobs and self-employment. Permanent jobs in the hard-hit sector showed increasingly large persistent losses through the recurring crises, indicating gradual changes in employer responses. The persistent job losses were concentrated on young and older workers in career transitions, whose losses are likely to have long-term effects. These results suggest that targeted measures to mitigate the persistent effects of the employment shock should take priority during the recovery process.

Self-Feeder Driver for Voltage Balance in Series-Connected IGBT Associations

  • Guerrero-Guerrero, A.F.;Ustariz-Farfan, A.J.;Tacca, H.E.;Cano-Plata, E.A.
    • Journal of Power Electronics
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    • 제19권1호
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    • pp.68-78
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    • 2019
  • The emergence of high voltage conversion applications has resulted in a trend of using semiconductor device series associations. Series associations allow for operation at blocking voltages, which are higher than the nominal voltage for each of the semiconductor devices. The main challenge with these topologies is finding a way to guarantee the voltage balance between devices in both blocking and switching transients. Most of the methods that have been proposed to mitigate static and dynamic voltage unbalances result in increased losses within the device. This paper introduces a new series stack topology, where the voltage unbalances are reduced. This in turn, mitigates the switching losses. The proposed topology consists of a circuit that ensures the soft switching of each device, and one auxiliary circuit that allows for switching energy recovery. The principle for the topology operation is presented and experimental tests are performed for two modules. The topology performs excellently for switching transients on each of the devices. The voltage static unbalances were limited to 10%, while the activation/deactivation delay introduced by the lower module IGBT driver takes place in the dynamic unbalances. Thus, the switching losses are reduced by 40%, when compared to hard switching configurations.

Use of 1.7 kV and 3.3 kV SiC Diodes in Si-IGBT/ SiC Hybrid Technology

  • Sharma, Y.K.;Coulbeck, L.;Mumby-Croft, P.;Wang, Y.;Deviny, I.
    • Journal of the Korean Physical Society
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    • 제73권9호
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    • pp.1356-1361
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    • 2018
  • Replacing conventional Si diodes with SiC diodes in Si insulated gate bipolar transistor (IGBT) modules is advantageous as it can reduce power losses significantly. Also, the fast switching nature of the SiC diode will allow Si IGBTs to operate at their full high-switching-speed potential, which at present conventional Si diodes cannot do. In this work, the electrical test results for Si-IGBT/4HSiC-Schottky hybrid substrates (hybrid SiC substrates) are presented. These substrates are built for two voltage ratings, 1.7 kV and 3.3 kV. Comparisons of the 1.7 kV and the 3.3 kV Si-IGBT/Si-diode substrates (Si substrates) at room temperature ($20^{\circ}C$, RT) and high temperature ($H125^{\circ}C$, HT) have shown that the switching losses in hybrid SiC substrates are miniscule as compared to those in Si substrates but necessary steps are required to mitigate the ringing observed in the current waveforms. Also, the effect of design variations on the electrical performance of 1.7 kV, 50 A diodes is reported here. These variations are made in the active and termination regions of the device.

경주지역 발생 지진에 대한 지진손실예측 시뮬레이션 (A Simulation of Earthquake Loss Estimation for a Gyeongju Event)

  • 강수영;김광희;석봉출;유해수
    • 한국방재학회 논문집
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    • 제8권3호
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    • pp.95-103
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    • 2008
  • 지진이 발생하기 전에 피해규모를 물리적, 경제적, 사회적 재해로 구분하여 예측하고, 이를 이용하여 사전에 충분히 대처한다면 그 피해를 최소한으로 경감할 수 있을 것이다. 본 연구에서는 HAZUS의 결정론적 방법을 이용하여 경주지역 규모 6.7의 가상지진에 의한 재해를 예측해보았다. 이 방법을 이용하기 위해, 본 연구에서는 한반도 감쇠특성과 가장 잘 부합한다고 판단되는 Sadigh 등(1997)의 식에 지반분류 B, C와 D를 적용하였다. 그 외에도 이 방법에서 사용이 가능한 여러 감쇠식을 적용하여 같은 지역의 지진재해를 예측한 후 서로 상이하게 나타나는 피해규모를 살펴보았다. 각기 다른 감쇠식 적용에 따라 재해예측결과는 다소 다르게 나타남을 알 수 있었다. 이번 연구에서 산출한 지진재해 예측결과는 연구지역의 지진재해위험성을 미리 살펴 재해발생 시 인명 및 재산 피해를 최대한 경감시키고, 응급상황에 신속히 대처할 수 있도록 재해저감 정책수립 단계에서 효과적으로 활용될 수 있으리라 사료된다.

An Adverse Social Welfare Effect of Quadruply Gainful Trade

  • Stark, Oded;Kosiorowski, Grzegorz
    • East Asian Economic Review
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    • 제24권3호
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    • pp.207-235
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    • 2020
  • Acknowledging that individuals dislike having low relative income renders trade less attractive when seen as a technology that integrates two economies by merging separate social spheres into one. We define a "trembling trade" as a situation in which gains from trade are less than losses in relative income, with the result that global social welfare is reduced. We show that a "trembling trade" can arise even when trade is more gainful in four ways: through trade the absolute income of everyone increases, the income gap in both economies is reduced, as is the income gap between the trading economies. However, trade brings populations, economies, or markets that were not previously connected closer together in social space. As a consequence, separate social spheres merge, and people's social space and their comparators are altered. Assuming that people like high (absolute) income and dislike low relative income, the aggregate increase in unhappiness caused by the trade-induced escalation in relative deprivation can result in a negative overall impact of trade on (utilitarian-measured) social welfare, if the absolute income gains are not large enough to mitigate the relative income losses.

Analysis of Flooding Discharge in Seoul-Metropolitan Area based on Return Periods

  • Ang Peng;Seong Cheol Shin;Quan Feng;Junhyeong Lee;Soojun Kim;Hung Soo Kim
    • 한국수자원학회:학술대회논문집
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    • 한국수자원학회 2023년도 학술발표회
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    • pp.349-349
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    • 2023
  • In recent years, urban floods have become more frequent, causing significant harm to society and resulting in substantial losses to the national economy and people's lives and property. To assess the impact of floods on people's safety and property in Seoul, annual precipitation data from 1980 to 2020 was analyzed for return periods of 5, 10, 20, 50, and 100 years. A rainfall runoff simulation model for Seoul was established using HEC-HMS and HEC-RAS models. The study revealed that at a 5-year return period, water began to accumulate in Seoul, but it was not severe. However, at a 10-year return period, the water accumulation was relatively serious, and inundation began to occur. At a 20-year return period, there was serious water accumulation and inundation in Seoul. During a 50-year return period, Seoul suffered from severe inundation in commercial areas, resulting in substantial losses to the local economy. The findings indicate that Seoul City faces high flood risks, and measures should be taken to mitigate the impact of floods on the city's residents and economy.

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Effect of Dietary Protein and Lysine Levels on Lactating Multiparous Sows and Litter Performance

  • Cheng, C.S.;Yen, H.T.;Roan, S.W.;Wu, J.F.;Hsu, J.C.
    • Asian-Australasian Journal of Animal Sciences
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    • 제14권1호
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    • pp.77-81
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    • 2001
  • The effects of dietary protein and lysine levels on lactating multiparous sows and litter performance were studied. Sixty-two crossbred multiparous sows ($Landrace{\times}Yorkshire$) were used. Thirty-three and twenty-nine sows were studied in their second parity and third parity respectively. The three dietary treatments were: (1) the control diet containing 15% CP and 0.75% lysine, (2) a diet containing 13% CP and 0.75% lysine (0.60% natural+0.15% synthetic), and (3) a diet containing 13% CP and 0.60% lysine. They were fed twice daily and allowed ad libitum access to food and water throughout a 28 day lactation from parturition until weaning. The results of this experiment showed that body weight and backfat losses of the sows from farrowing to weaning were significantly affected (p<0.01) by reducing dietary protein. Neither average daily feed intake nor weaning to estrus interval of sows were significantly different among treatments. Supplementing lower dietary protein with synthetic lysine could mitigate backfat losses, but could not prevent body weight losses in lactating multiparous sows. A corn-soybean meal diet containing 13% crude protein and 0.60% lysine did not significantly affect litter size and survival rate of weanling piglets compared with the 15% crude protein diet. There was a tendency towards decreased piglet weight at weaning (p<0.10) and reduced daily gain of piglets (p<0.11) when the multiparous sows were fed the 13% protein diet during lactation. We found a severe loss of body weight and backfat when reducing dietary protein for lactating multiparous sows.

경영성과와 경영자 현금보상 민감도 (Management performance and managers' cash compensation sensitivity)

  • 신성욱
    • 경영과정보연구
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    • 제32권1호
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    • pp.259-272
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    • 2013
  • 본 연구에서는 경영자 현금보상의 보수성에 대한 실증분석을 수행하였다. 구체적으로 경영자에 대한 현금보상이 회계이익을 근거로 하는 성과측정치의 증감 및 주식수익률의 증감에 대해 비대칭적인 민감도를 지니는지를 실증분석 하였다. 2000년부터 2011년까지 상장된 5,815개 기업-연도 자료를 바탕으로 다중회귀분석을 통하여 실증 분석한 결과를 요약하면 다음과 같다. 첫째, 기업의 보수주의 수준이 반영된 회계성과측정치(총자산 순이익률)의 변화에 대한 경영자 현금보상 변화의 차별적 민감도는 존재하지 않는 것으로 나타났다. 즉 회계이익이 증가할 경우 경영자 현금보상의 증가와 회계이익이 감소할 경우 경영자 현금보상의 감소에 차이가 존재하지 않는 것으로 나타났다. 둘째, 미실현 이익과 미실현 손실에 대한 정보를 모두 포함하는 주식성과측정치의 경우 경영자 현금보상의 사후정산문제를 완화시키기 위해 호재(양(+)의 주식수익률), 악재(음(-)의 주식수익률)에 따라 경영자 현금보상이 차별적으로 대응하는 것으로 나타났다. 즉, 주식수익률의 증가에 비해 주식수익률이 감소할 경우 경영자 현금보상이 더욱 민감하게 반응하는 것으로 나타났다. 이상의 분석결과는 미실현 이익이 보다 많이 포함된 주식수익률이 증가한 경우 이에 대응하여 경영자 현금보상 민감도를 감소시킴으로써 사후정산문제를 완화시킨다는 것을 의미하는 결과라 할 수 있다.

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