• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.66
• /
• pp.1-23
• /
• 2015

A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.62
• /
• pp.3-32
• /
• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.63-84
• /
• 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.

• Journal of the Society of Naval Architects of Korea
• /
• v.44 no.5
• /
• pp.534-541
• /
• 2007

This paper suggests the mathematical method for the estimation of the required engine output for WIG crafts. The engine size of a WIG craft Is a key parameter in the design stage, because WIGs should overcome the hump drag during the take-off. Therefore, it is very important for a WIG designer to estimate required power and state change during take-off. The mathematical method was developed based on the steady planing state model of a planing boat. Through numerical calculations on various take-off states, it was found that the suggested method could give reasonable estimation of required power and state change during take-off.

• Journal of Korean Home Economics Education Association
• /
• v.9 no.1
• /
• pp.111-131
• /
• 1997

The purpose of this study is to develop the lesson model for high school students to improve their abilities as consumer. In the method of the research, the contents on consumer education of the 8 kinds of Home Economics textbooks are reconstructed into the areas of decision-making, financing, reasonable purchasing, and consumer citizenship. The consumer’s ability to be developed in the areas of decision-making, financing, reasonable purchasing, and consumer citizenship is set up as follows： 1) The establishment of the sound consumer morality and values, the ability of independent decision-making, the critical ability, and the problem-solving ability. 2) The ability of research on social, cultural and economic values, and the ability to estimate one’s own short-term and long-term life plan. 3) The ability of reasonable purchase. 4) The ability to participate in a consumer movement, and the ability to take good care of environment. Subsequently, 9 lesson models for the student to improve the consumer’ability are developed.

• Journal of the Korean Home Economics Association
• /
• v.45 no.8
• /
• pp.25-38
• /
• 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.

• Journal of Sasang Constitutional Medicine
• /
• v.18 no.2
• /
• pp.113-124
• /
• 2006

1. Objectives Sasang Constitutional Medicine is based on difference of Nature & Emotion(性情). The mind is held in high value to characteristics of each constitution's symptoms and prescriptions. This study is for psychotheraphy with Herbal medicines, Acupuncture and Moxibustion in Sasang Constitutional Medicine. 2. Methods Comparing with ${\ulcorner}$DongYi Soose Bowon Gabobon${\Ircorner}$ and ${\ulcorner}$DongYi Soose Bowon ShinChukbon${\Ircorner}$, we research the principle of human's organization which is connected with their talent and will. 3. Results and Conclusions (1) Sasang Constitutional Medicine consider human being more than disease in medical science. A Human being works up to take a reasonable in modern societies, as making friends, a practice of his daily life, mentality. (2) Psychotheraphy is as important as each constitution's symptoms and prescriptions on clinical medicine (3) Taeyangin should be moderate when expressing their sorrow & anger(哀怒) and take a step backward for a real purpose(恒心). (4) Soyangin should be moderate when expressing their sorrow & anger(哀怒) and watch the interior for a real purpose(恒心). (5) Taeumin should be moderate when expressing their happiness & pleasantness(喜樂) and watch the exterior for a real purpose(恒心). (6) Soeumin should be moderate when expressing their happiness & pleasantness(喜樂) and go one step forward for a real purpose(恒心).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.55
• /
• pp.95-124
• /
• 2012

Referring to Buyer's obligations, the Buyer must pay the price for the goods and take delivery of them as required by the contract. There are vital importances to the Buyer's Fundamental Breach. The legal effects of a breach of contract do not depend on the nature of the obligation broken, but on the consequences of the breach the detriment to the other party. The obligations mentioned to Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. They include a number of different acts which could be seen as the subject-matter of different obligations. CISG gives further details for the payment of the price in Articles 54 to 59 and for taking delivery in Article 60. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. For the understanding of Buyer's Fundamental Breach, We need to search the Cases referring to the breach of buyer's main obligations.

• Proceedings of the Korean Society of Precision Engineering Conference
• /
• 2000.11a
• /
• pp.43-46
• /
• 2000

Optical triangulation displacement sensors(0TDSs) are widely used for their simple struchlre, high resolution, and long operating range. However, there are several factors that must be taken into account in order to obtain high accuracy and reliability Measurement errors from inclinations a？ an object surface, prohe signal fluctuations generated by speckle effects. power vanation of a light source, electronic noises, and so on. Previous models of OTDSs can not show reasonable behavior as change of surface inclination and shape of light intensity distribution on the detector. In this paper, we propose a new and reasonable modeling for diffise-type OTDSs based on a geometrical optics. To verify propriety of new modeling, we take basic experiments. Shape of light intensity distribution is asymmetric in both simulation result and experimental result. Both simulation result and experimental result show same tendency of light intensity distribution movement as changing surface inclination

• The Pure and Applied Mathematics
• /
• v.1 no.1
• /
• pp.19-24
• /
• 1994

Let P be a probability measure on the real line with Lebesque-density f. The usual estimator of the distribution function (≡df) of P for the sample $\chi$$_1$,…, $\chi$$\_$n/ is the empirical df: F$\_$n/(t)=(equation omitted). But this estimator does not take into account the smoothness of F, that is, the existence of a density f. Therefore, one should expect that an estimator which is better adapted to this situation beats the empirical df with respect to a reasonable measure of performance.(omitted)