• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.253-276
• /
• 1999

CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

• Journal of Acupuncture Research
• /
• v.18 no.2
• /
• pp.111-122
• /
• 2001

Objectives ; This study was undertaken to determine if Salviae Radix herb-acupuncture (SRA) exerts protective effect against alterations in membrane transport function in rabbits with mercury chloride (Hg)-induced acute renal failure. Methods and Results ; The administration of Hg at a subcutaneous single dose of 10mg/kg caused a reduction in GFR to 9.4% of the basal value and an increase in fractional Na+ excretion to 10-fold, indicating generation of acute renal failure. When animals were acupunctured with $0.5m{\ell}$ of SRA extract (0.1%) in both sides of Shinsu(BL23) for 7 days prod to Hg administration, such changes were significantly attenuated. The fractional excretion of glucose and phosphate was increased to approximately 132-fold and 7-fold, respectively, in rabbits treated with Hg alone, but the fractional excretion of glucose was increased to 26-fold and that of phosphate was not different from the basal value in SRA-pretreated rabbits. Uptakes of glucose and phosphate in purified isolated brush-border membrane and $Na^+-K^+$-ATPase activity in microsomal fraction were inhibited in rabbits treated with Hg alone, suggesting that impairment in proximal reabsorption of glucose and phosphate is resulted from a direct damage of membrane transport carriers and disruption of the normal $Na^+$ gradient. Conclusions ; Such changes were prevented by SRA. Uptakes of organic ions, PAH and TEA, in renal cortical slices were inhibited by the administration of Hg, which was prevented by SRA. Pretreatment of an antioxidant DPPD attenuated the increase in the fractional excretion of glucose and phosphate induced by the administration of Hg.

• Tuberculosis and Respiratory Diseases
• /
• v.78 no.4
• /
• pp.455-458
• /
• 2015

Excessive dynamic airway collapse (EDAC) is a disease entity of excessive reduction of the central airway diameter during exhalation, without cartilage collapse. An 80-year-old female presented with generalized edema and dyspnea at our hospital. The patient was in a state of acute decompensated heart failure due to pneumonia with respiratory failure. We accordingly managed the patient with renal replacement therapy, mechanical ventilation and antibiotics. Bronchoscopy confirmed the diagnosis of EDAC. We scheduled extubation after the improvement of pneumonia and heart condition. However, extubation failure occurred due to hypercapnic respiratory failure with poor expectoration. Her EDAC was improved in response to high flow nasal oxygen therapy (HFNOT). Subsequently, the patient was stabilized and transferred to the general ward. HFNOT, which generates physiologic positive end expiratory pressure (PEEP) effects, could be an alternative and effective management of EDAC. Further research and clinical trials are needed to demonstrate the therapeutic effect of HFNOT on EDAC.

• Journal of the Korean Geotechnical Society
• /
• v.30 no.11
• /
• pp.5-15
• /
• 2014

It is very important to design and construct slopes safely because damage cases are increasing due to slope failure. Recently, Limit Equilibrium Method (LEM) based programs are commonly used for slope designs. Though LEM can give factors of safety through simple calculation, it has a disadvantage that the sliding surface should be assumed in advance. On the other hand, the use of Finite Difference Method (FDM) is increasing since the factor of safety can be easily estimated by using shear strength reduction technique. Therefore the purpose of this study is to present a reasonable slope design methodology by comparing the two commonly used analysis approaches; LEM and FDM. To this end, the reinforcement effects of the two methods were compared in terms of the support pattern of soil nailing reinforced in the section where plane failure is anticipated. As a result, the reinforcement effects by nail angle and nail spacing turned out to be equal. Also it was found that the factor of safety increased in LEM, but not changed in FDM when the nail length increased.

• Journal of the Computational Structural Engineering Institute of Korea
• /
• v.18 no.3
• /
• pp.219-226
• /
• 2005

In this study, the problem formulation and solution technique using genetic algorithms for design optimization of laminate composite cylindrical beam section are presented. The hollow cylindrical beams we usually used in the wheel chair. If the weight of wheel chair is reduced, it will lead to huge improvement in passenger's mobility and comfort. In this context, the replacement of steel by high performance and light weight composite material along with optimal design will be a good contribution in the process of weight reduction of a wheel chair. An artificial genetics approach for the design optimization of hollow cylindrical composite beam is presented. On applying the genetic algorithm, the optimal dimensions of hollow cylindrical composite beams which have equivalent rigidities to those of corresponding hollow cylindrical steel beams are obtained. Also structural analysis is conducted on the entire wheel chair structure incorporating Tsai-Wu failure criteria. The maximum Tsai-Wu failure criteria index is $0.192\times10^{-3}$ which is moth less than value of 1.00 indicating no failure is observed under excessive loading condition. It is found that the substitution of steel by composite material could reduce the weight of wheel chair up to 45%.

• Journal of the Korea institute for structural maintenance and inspection
• /
• v.11 no.1
• /
• pp.77-84
• /
• 2007

In this paper presented, a design method of sandwich slab bridge of simple supported made by composite materials. Many of the bridge systems, including the girders and cross-beams, and concrete decks behave as the special orthotropic plates. Such systems with sections, boundary conditions other than Navier or Levy solution types, or with irregular cross sections, analytical solution is very difficult to obtain. Thus, Finite Difference Method is used for analysis of the pertinent problem. For the design of bridge made by the composite materials, cross-section is used the form-core shape because of this shape is economical and profitable, and for output of the stress value used F.D.M. Based the experimental of a composite specialist, an equation expressing the rate of decrease of tensile strength of glass fibers based on increase of mass was obtained. From these equations, one can estimate the rate of tensile strength reduction due to increased size. Tasi-Wu failure criterion for stress space is used. Strength-failure analysis procedure, using these reduced tensile strength, is presented.

• Journal of Medicine and Life Science
• /
• v.21 no.3
• /
• pp.62-71
• /
• 2024

The incidence of diabetes is continuously increasing worldwide, resulting in a considerable socioeconomic burden. Glycemic control using traditional diabetes medications prevents microvascular complications; however, there is no objective evidence that it prevents macrovascular complications. In the 21st century, concerns have arisen that strict glycemic control and the diabetes drug rosiglitazone might increase mortality. This led the United States Food and Drug Administration to establish guidelines that require that cardiovascular outcome trials (CVOTs) with 3-point major adverse cardiovascular events (3-P MACE) as the primary endpoints be performed for new diabetes drugs. Since then, 20 CVOTs have been reported. Dipeptidyl peptidase 4 inhibitors do not increase the incidence of cardiovascular disease; however, saxagliptin increases the risk of heart failure. Sodium-glucose cotransporter inhibitors (SGLT2is) and glucagon-like peptide 1 receptor agonists (GLP-1RAs) not only have proven cardiovascular safety but also have shown results beyond expectations by reducing the incidence of cardiovascular diseases. Additionally, SGLT2is have been reported to markedly prevent heart failure and kidney disease. The reduction in 3-P MACE by GLP-1RAs was observed only with long-acting agents; long-acting GLP-1RAs also markedly reduced renal endpoints. However, no preventive effect against heart failure was observed with GLP-1RAs. The preventive effects of both drug types against cardiovascular and kidney diseases appear to be independent of glycemic control. In conclusion, based on CVOT results, it is necessary to actively prescribe SGLT2is and GLP-1RAs to prevent cardiovascular disease in patients with diabetes, regardless of glycemic control.

• Pediatric Gastroenterology, Hepatology & Nutrition
• /
• v.4 no.2
• /
• pp.175-180
• /
• 2001

Purpose: The advantages of air reduction are the ease of performing the procedure, reduced radiation time and lower morbidity rate if perforation occurs. But, patients who fail air reduction undergo a laparotomy at which 10% have spontaneously reduced. The first enema decreases the edema and venous congestion of bowel wall, thus repeated reduction may succeed. The aim of this study is to evaluate the efficacy of delayed repeated pneumatic reduction of intussusception in patients with failure of an initial attempt. Methods: Between January 1998 and December 1999, 21 patients with proven intussusception received repeated delayed reduction 1 to 3 hours following the first failed attempt. These patients were in stable condition and did not have peritonitis, shock or toxic sign. Results: Before reduction, the patients had symptoms and signs for 6 to 48 hours (median 24 hr). The interval from the first reduction to the repeated was 1 to 3 hours (median 2.2 hr). The success rate of repeated reductions was 76.2% (16 of 21 patients), and 23.8% (5 of 21 patients) required surgery. Four of 5 patients requiring surgery were manually reduced and 1 spontaneously reduced in the operating room. Conclusion: We recommended a repeated reduction in patients with intussusception who are in stable clinical condition after an unsuccessful initial reduction attempt.

• Journal of the Korean Geosynthetics Society
• /
• v.16 no.3
• /
• pp.1-10
• /
• 2017

Recently, one of the natural disasters, landslide is causing huge damage to people and properties. In order to minimize the damage caused by continuous landslide, a scientific management system is needed for technologies related to measurement and monitoring system. This study aims to establish a management system for landslide damage by prediction of slope failure. Ground behavior was predicted by surface ground deformation in case of slope failure, and the change in ground displacement was observed as slope surface. As a result, during the slope failure, the ground deformation has the collapse section, the after collapse precursor section, the acceleration section and the burst acceleration section. In all cases, increase in displacement with time was observed as a slope failure, and it is very important event of measurement and maintenance of risky slope. In the future, it can be used as basic data of slope management standard through continuous research. And it can contribute to reduction of landslide damage and activation of measurement industry.

• Journal of the Korean Geotechnical Society
• /
• v.21 no.6
• /
• pp.137-146
• /
• 2005

299 railroad slopes were investigated and the failure characteristics and reinforcement patterns were analyzed. Stability analyses on the 14 cut-off soil slopes were carried out. Surficial failures were predicted by infinite slope analyses assuming the temporarily perched ground water table at soil surface during rainfall period. Limit equilibrium analyses were also carried out and the influences of rainfall infiltration on the slope stabilities were taken Into account by seepage analyses using finite element method and by assuming ground water tables to be located adjacent to soil surface. The adequacy of those analyses was evaluated by comparing the slope failure characteristics between analysis results and the past failure records. From the comparison results, it was deduced that the limit equilibrium analyses were not appropriate to estimate the shallow failure that occurred at most of the railroad cut-off soil slopes. For the better estimation of the surficial failure, not only the increase of pore-water pressure (reduction of matric suction), but also the influence of water flows over slope surface which erode soil mass, should be evaluated and considered.