• Title/Summary/Keyword: Reasonable

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Duty to Mitigate Damages under CISG (국제물품매매협약상 손해경감의무)

  • HEO, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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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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A Study of Reasonable and Sensitive Elements in Design Approaching Process - Focused on Transition Period of The Modern Design, 1920~1980 Year - (디자인 접근 과정에서 나타나는 이성과 감성적인 요인 연구 - 모던 디자인 변천 시기, 1920~1980년을 중심으로 -)

  • Kim, Kyoung Soo
    • Journal of the Korea Furniture Society
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    • v.26 no.4
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    • pp.314-327
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    • 2015
  • 20th century, beginning of modern, the style of art and design, separated reasonable and sensitive code. Art form including cubism, constructivism, futurism and different form including fauvism, expressionism, surrealism and abstract expressionism coexist two code in early modern. But the style of design was separated each period with geometric and organic form, reasonable and sensitive code. Replacement timing on two design style was the transition period of the production-oriented step to the sale-oriented step in marketing. In early stage modern it was stable production-oriented step. Geometric style include G. Rietvevld (Red and Blue chair), M. Breuer (Wassily chair), Fanizon and Martinelli (I-Ching) was simple and functional, received the absolute support. An aggressive demand generation and sales promotion for the design change was needed so that excess supply in the market with a stable production. In sale-oriented step for sales promotion in mid modernism, it was accepted transitions to the sensual organic volume with elegant and sleek style include C. Eames (LCW chair), V. Panton (Panton chair) and C. Mollino (Arabesco Tea table).

Rational Consumption Life and Brand Orientation of Adolescent Consumers (청소년 소비자의 합리적 소비생활과 상표지향성에 관한 연구)

  • Kim, Si-Wuel;Roh, Young-Lae
    • Journal of the Korean Home Economics Association
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    • v.45 no.8
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    • pp.25-38
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    • 2007
  • The purpose of this study was to determine the level of reasonable consumer habits of adolescents based on their consumer socialization, consumer education, and purchasing skills, and to determine their brand orientation based on facts that adolescent years is the determining period for consumer socialization, that their role as consumers take up relative importance, and that consumer habits during this period is extremely important. The directions of consumer education for forming a reasonable consumer culture for adolescents based on the results of the study are presented as follows. First, by conducting a training program for consumer counselor that supports courses such as consumer aid that are held for adolescent consumers, adolescents must be led towards logical purchase habits and to practice reasonable purchase habits. Second, since consumer attitude that is learned and formed since youth is important, discussion sessions as well as consumer education programs that can foster proper consumer knowledge, attitude, and function needs to be developed by schools and the government. Third, This can form improper consumption values such as over consumptions, conspicuous consumption, and impulsive purchase that may appear in their adult years; therefore, a consumer education program must be continued in the homes, schools, and by the government so that adolescents can learn manage reasonable consumer values and consumer habits.

A Case Study and Analysis on Reasonable Construction Period and Appropriate Number of Persons for Works According to Reconstruction (재시공발생에 따른 적정계약공기 및 적정출력인원 추정에 관한 사례조사 및 분석)

  • So Young-Sung;Kim Young-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.301-304
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    • 2001
  • The purpose of this study is presume that reasonable construction period of constract and appropriate number of persons for works according to reconstruction. This study is presume reasonable construction period of constract and appropriate number of person of reconsruction with a case study out of apartment R.C construction. The result of this study are as follows: 1. In case of four building of apartment Resonable constrution period: 750days$\sim$800days, the average(1day) number of persons under working: 63.5 persons. 2. In case of four building of apartment Resonable constrution period: 850days$\sim$900days, the average(1day) number of persons under working: 100.6 persons. 3. In case of four building of apartment Resonable constrution period: 1000days$\sim$1050days, the average(1day) number of persons under working: 145.0 persons.

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A Study on How 12 Year-Old Children are Aware of the Dental Health in Seongnam city (성남시 12세 아동의 구강보건의식에 대한 조사)

  • Song, Kwui-Sook;Ahn, Yong-Soon;Kim, Mi-Jeong
    • Journal of dental hygiene science
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    • v.4 no.1
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    • pp.27-32
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    • 2004
  • This study intended to identify how our children are aware of dental health and motivate them to learn reasonable knowledge about dental health. Furthermore, it also aimed to induce them to change their awareness and behavioral style about dental health, so that they may keep good habits for dental health for their lifetime. Total 1,044 samples were collected from children who were all 12 years old and lived in Seongnam city. During six months (June to December 2002), they were asked to participate in questionnaire survey about consumer behavior, knowledge, attitude, activity and self-diagnosis for dental health. The results of questionnaire survey can be outlined as follows: (1) The results of investigating consumer behavior for dental health showed that 34.5% of total respondents ever visited dental clinics once or more within latest one year, 21.4% ever visited dental clinics for the sake of prevention, 70.6% were instructed in dental health program, 31.7% were treated with the fluorination, 36.9% were treated with dental sealant, and 17.1% were treated with scaling, respectively. (2) For 10 items asking reasonable knowledge about dental health, respondents answered to 5.06 items on average. (3) For 10 items asking reasonable attitude for dental health, respondents answered to 5.41 items on average. (4) For 10 items asking reasonable behavior, respondents answered to 4.53 items. (5) For 10 items asking reasonable self-diagnosis for dental health, respondents answered to 5.65 items.

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Analysis on Timely Refusal to Accept Discrepant Documents in Documentary Credit Transactions -with a special emphasis on Federal Bank Ltd. v. VM Jog Engineering Ltd, Indian Supreme Court Decision- (화환신용장 거래에서 은행의 불일치서류 거절의 적시성에 관한 연구 -Federal Bank Ltd. v. VM Jog Engineering Ltd.의 사건에서의 인도 최고법원의 판결을 중심으로-)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.161-189
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    • 2006
  • This paper is aiming at analyzing case law of India in relation with reasonable time to make decision whether to accept or to refuse the documents received from the presenter in credit transactions. As specified in UCP, the failure to refuse to accept the documents within a reasonable time precludes the Issuing Bank, Confirming Bank (if any) and Nominated Bank from asserting that they are discrepant. Compliance of the stipulated documents on their face with the terms and conditions of the credit shall be determined by international standard banking practice as reflected in this Articles of UCP 500. The Issuing bank is only to be held responsible for honoring the documents presented by beneficiary through the nominated banks if they are strictly in compliance with terms and conditions of the Credit. As any well experienced banker knows, however, a word-by-word, letter-by-letter correspondence between the documents and the credit terms means a practical impossibility. Thus the notion of reasonable care in conjunction with the doctrine of strict compliance mixed with International Standard Banking Practices has not played a right functional standard for checking the documents as stipulated in the credit and UCP 500. And so the rejection rate is highly estimated at approximately 50% in EU and 40 to 70% according to their geographical locations in the USA. As a result, it can possibly be inferred from this fact that the credit industry would be facing the functional failure as the international trade credit facility, if not supported with motive power as a relevant scheme in UCP 500. It is quite important to note that UCP 500 Article 13(b) which specify the time limit for the banks to notify the presenter their decision not to accept the documents within a reasonable time not to exceed seven banking days following the day of receipt of documents would be the motive engine to improve the negotiability of documents in international trade financial facility.

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Making Formular to calculate Reasonable Unit Cost for Asbestos Removal (석면해체공사의 적정 단가 산정)

  • Son, Ki-Sang;Park, Jong-Tae;Gal, Won-Mo
    • Journal of the Korea Safety Management & Science
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    • v.13 no.3
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    • pp.55-61
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    • 2011
  • Unit cost for asbestos removal work which have been made out at government contract award for recent three years has been reviewed and shown with table. And the cost have been compared with ones made out by two agencies, American asbestos removal specialists, government ministry for making out comparison tables. First, legal and practical work status survey have been made to determine reasonability of introducing separate contract-awarding system, as a part of ensuring reasonable unit work cost. And then, two different status have been compared and there in introduction possibility of separate contract-awarding system, it is found out. In interior removal work case, it is thought that 50% by owner, 60% unit work cost by the expert of which removal specialist think as reasonable unit cost. the results for exterior and spray work method are shown with almost same context. Impact factors for determining unit work cost such as project mount, project kind, contract-awarding method, subcontract method have been compared with parties. Removal specialist and expert group have almost same ideas for project amount which has been hightestly weighed but owner's recognition has partially lower than specialists idea. There are almost no difference of recognition between three(3) parties for project kind. Idea comparison of reasonable unit work cost for asbestos removal work between three concerned parties has been analyzed and found out that expert group do unit work cost, 65% of which removal specialists estimate, in interior tex removal. And there is almost no difference between them in exterior roof slate removal. But there is considerable difference between them that owner estimates 50% unit cost of specialist one while expert group estimate 50% of specialist idea of unit removal cost.

A Study on the Reasonable Objectiveness of Trading Area of the Korea Ship Safety Act (선박안전법상 항해구역의 합목적성에 관한 연구)

  • Park, Yong-Sub;Park, Jin-Soo;Lee, Yun-Cheol
    • Journal of the Korean Institute of Navigation
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    • v.15 no.2
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    • pp.61-86
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    • 1991
  • This paper aims to investigated the reasonable objectiveness of trading areas on the Korea Ship Safety Act and to make a regulated proposal of trading areas. To achieve the above mentioned object, we analyzed the existing rules and other related circumstances of maritime fields. On the basis of this viewpoint, this paper was focused on three topics of concern : (1) the relationship between the ship Safety Act and other Maritime Acts. (2) the legislative examples of foreign countries, (3) the reasonable revised reasons of trading areas. In this paper, we proposed following four matters such as (1) the modification of ship's length and speed which are the designative basis of trading areas, (2) the extension of the smooth sea area to limit of territorial seas (3) the extension of the near-coastal area to the coasts of the P.R.C., Japan, the U.S.S.R and the R.O.C ., and rename of its area into the near & greater coastal area, (4) the annulment of greater-coastal area.

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The Research on Herb and Its Allocation Form in Landscape

  • Zhang, Li-Qin;Piao, Yong-Ji;Shen, Ning;Cho, Tae-Dong
    • Journal of Environmental Science International
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    • v.22 no.2
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    • pp.131-138
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    • 2013
  • In order to provide a scientific foundation for herb application in landscape, the photographs were taken from the herb landscape in urban green space and sightseeing garden. The questionnaire-based survey was also applied to analyze the cognitive situation of herb. Most investigators love herb, but have a low level of herb; Interviewees' consideration of herb function lie in ornamental, healthcare and medical treatment; The bulk of the visitors think herb landscape is insufficient; Investigators' preferences for herb application forms are landscape edging and combining with stone. We also probe into the optimum allocation form combining herb with landscape elements. When we combine herb with landscape water or landscape architecture, artistic conception and reasonable plant allocation should be considered; When we combine herb with landscape path or garden ornament, reasonable plant disposition and appearance and practical collocation should be thought over; When we combine herb with flower-border, richly colored landscape and reasonable plant allocation should be deliberated on.

A Study on the Reasonable Service Charges for Incheon North Port(berth 3) under the Private Investment Project

  • Park, Jin-Hee
    • Journal of Navigation and Port Research
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    • v.28 no.7
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    • pp.601-608
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    • 2004
  • Recently, port development has been actively in progress through a private investment project. Incheon North Port functions as an auxiliary port for Incheon Port to solve its chronic demurral and freight congestion and to treat materials such as wood, iron material, feed materials. Service charges is one of important factors in the port choice to treat general goods. In general, service charges can be calculated by two methods such as cost accounting method and market price method. This study will review the characteristics of the Incheon North Port (berth 3), which is under the progress of the private investment project and estimate the reasonable service charges for general goods on the basis of market price. This will help a concessionaire to maximize the operation efficiency.