• Title/Summary/Keyword: implied terms

Search Result 126, Processing Time 0.02 seconds

The Privity of the Contract Carriage of Goods by Sea (해상운송계약(海上運送契約)에 있어서 당사자관계(當事者關係)에 관한 연구(硏究))

  • Lee, Yong-Keun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.12
    • /
    • pp.377-401
    • /
    • 1999
  • This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

  • PDF

Evaluation of Genetic Effects of Demographic Bottleneck in Muzzafarnagri Sheep from India Using Microsatellite Markers

  • Arora, R.;Bhatia, S.
    • Asian-Australasian Journal of Animal Sciences
    • /
    • v.22 no.1
    • /
    • pp.1-6
    • /
    • 2009
  • Genetic variability is an important component in the ability of populations to adapt in the face of environmental change. Severe human impacts reduced Muzzafarnagri sheep of India from 500,000 in 1972 to 10,989 in 1973-74. Here we report for the first time the effect of this population decline on levels of genetic variability at 13 FAO recommended ovine microsatellite loci and contrast levels of variability to that in a breed from the same geographical region, which differed in numbers, by an order of magnitude (Marwari sheep). Of the 13 loci, 100% were polymorphic in both breeds. A high degree of genetic variation was observed within populations in terms of both allele diversity (number of alleles per locus, >4) and gene diversity (expected heterozygosity, >0.5), which implied that there is still a substantial amount of genetic diversity at the nuclear loci in a declining population. Nevertheless, overall low number of alleles per locus and relatively less abundance of low frequency alleles in Muzzafarnagri sheep suggested that genetic variability has been comparatively reduced in this population. Bottleneck analysis indicated that a genetic bottleneck did not occur during the most recent decline. In addition, we found that the differentiation among populations was moderate ($F_{ST}$= 11.8%). This study on assessment of genetic effects of the population declines in ovines is a step towards identification of genetically impoverished or healthy populations, which could prove to be a useful tool to facilitate conservation planning in this important species of small ruminants.

Effects of Wheat Fiber, Oat Fiber, and Inulin on Sensory and Physico-chemical Properties of Chinese-style Sausages

  • Huang, S.C.;Tsai, Y.F.;Chen, C.M.
    • Asian-Australasian Journal of Animal Sciences
    • /
    • v.24 no.6
    • /
    • pp.875-880
    • /
    • 2011
  • This study introduces the addition of wheat fiber, oat fiber, and inulin to Chinese-style sausages, in amounts of 3.5% and 7%, respectively. Researchers used analysis of general composition and texture properties, and sensory evaluation to assess the influence of these three types of dietary fiber on the quality and palatability of Chinese-style sausages. Results showed that the type and amount of dietary fiber introduced did not significantly influence the general composition, color, and total plate count of sausages. However, the addition of wheat fiber and oat fiber significantly hardened the texture of Chinese-style sausages (p<0.05). A greater amount of dietary fiber added implied a harder texture. Added inulin did not influence the texture of Chinese-style sausages (p>0.05). Results of product assessment showed that, aside from sausages with 7% wheat fiber scoring less than 6 points (on a 9-point scale) in terms of overall acceptability, the other groups of Chinese-style sausages scored over 6 points. Judges preferred the sausage groups with 3.5% added oat and wheat fiber. This study demonstrates that adding fiber to Chinese-style sausages to increase the amount of dietary fiber is feasible.

Response to Elderly Housing Integrated Apartments in the Perspective of Social Marketing (사회마케팅 관점에서 본 노인주거 통합형 아파트의 반응 연구)

  • Park, Hye-Yeon;Lee, Dong-Joo;Lee, Yeun-Sook
    • Journal of the Korean housing association
    • /
    • v.22 no.6
    • /
    • pp.1-10
    • /
    • 2011
  • In relation to the environmental analysis system of social marketing, this study has analyzed the responses made by the future users of the integrated apartments for the elderly that are currently under development as an alternative for the housing of the aging society. By studying the comprehensive social benefits, individual benefits and the implied factors for conceptual and behavioral changes in terms of the integrated apartments for the elderly, some important study results were obtained for the practical application of the new alternative. The major points are as follows: Firstly, from social aspect, the respondents wanted to know in detail about the integrated apartments for the elderly, the new alternative was evaluated to be helpful in elderly life, and it was expected to be effective for supporting the elderly people from psychological aspect. Secondly, from supply aspect, it was revealed that an alternative for the integrated apartment for the elderly is required to be developed in details reflecting the diverse needs of the elderly people and to be developed with differentiating strategy, but its applicability may confront some difficulties. Thirdly, from private aspect, the respondents showed they would feel economic burden if an integrated apartment for the elderly is introduced actually.

The Effect of Visual Feedback on Postural Control During Sit-to-Stand Movements of Brain-Damaged Patients Under Different Support Conditions (지지조건에 따른 시각되먹임이 뇌손상환자의 일어서기 과정 동안 자세조절에 미치는 영향)

  • Shin, Jun-Beom;Lee, Jae-Sik
    • Physical Therapy Korea
    • /
    • v.19 no.3
    • /
    • pp.40-50
    • /
    • 2012
  • The purpose of this study was to investigate the effect of visual feedback on the postural control of stroke patients, by systematically varying conditions of visual feedback [eye-open condition (EO) vs. eye-closed condition (EC)], and base-support (both-side support, affected-side support, and unaffected-side support). In this study, we allocated 41 stroke patients with no damage in the cerebellum and visual cortex who can walk at least 10 meters independently, and 35 normal adults who have no experience of stroke to the control group. Both groups were asked to perform a "sit-to-stand" task three to five times, and their postural control ability was measured and compared in terms of asymmetric dependence (AD) instead of the traditional symmetric index (SI) in the literature. The results showed that although both subject groups maintained better postural control in the EO condition than in the EC condition, the patient group appeared to be more stable in EC than in EO when they were required to perform the task of the support condition given on the affected side. These results implied that visual feedback can impair stroke patients' postural control when it is combined with a specific support condition.

The Effect of Substrate on Ecophysiological Characteristics of Green Macroalga Ulva pertusa Kjellman (Chlorophyta) (구멍갈파래(Ulva pertusa Kjellman)의 생태생리에 대한 생육기질의 효과)

  • Choi, Tae-Seob;Kim, Kwang-Young
    • ALGAE
    • /
    • v.20 no.4
    • /
    • pp.369-377
    • /
    • 2005
  • Seashore joining with land and sea, which is typical habitat for marine macroalgae, is classified two types of shore as soft- and hard-bottom shore according to topographical (geological) and ecological features. We compared two of Ulva pertusa Kjellman from two contrasting habitats, sandy (soft-bottom, Haenam) and rocky shore (hard-bottom, Hadong) in terms of chlorophyll-a fluorescence and its parameters, and various photosynthetic pigment and nutrient content in the tissue of those. Both of habitats were different in the light environment such as light attenuation coefficient and even in nutrient concentration of ambient seawater. Electron transport rate (ETR) of Ulva from sandy shore was higher than from rocky shore. The range of photosynthetic pigment content in the tissue of U. pertusa was significantly much more in from sandy shore, and also nitrogen and phosphorus content were significantly higher except for carbon content. However, there were no significant differences in the ratio of among photosynthetic pigments, and N:P ratio was similar between each other, even though significantly different. Our result implied on the reason of why most of green tides in the worldwide concentrated and frequently occurred at sites with sandy, muddy and silty bottoms, being classified as soft-bottom shore.

Empirical Analysis for Korean Manufacturing Firm's IT Investment Effect to Economic Performance (한국 제조산업의 IT투자 대비 경제적 효과 실증분석)

  • Ko Joong-Gul;Han Hyun-Soo
    • Journal of the Korean Operations Research and Management Science Society
    • /
    • v.30 no.4
    • /
    • pp.15-25
    • /
    • 2005
  • As implied by the terms of IT productivity Paradox, measuring the Information technology contribution to economic performance has been one of the challenging issues to both policy makers and business professionals. As such, diverse attempts with sophisticate analyses have been reported in the literature to analyze the effect of IT contributions. In this paper, we follow Growth Accounting Method to measure the IT contribution effect to manufacturing firm's economic performance in Korea. Various regression methods and statistical analyses are applied with fourteen years of industry Panel data. Using the Cobb-Douglas function, time lag analysis is made to understand IT effect to economic growth. Instead of capturing data from individual firm, industry level data from the National Statistics Bureau is used for IT capital, non-IT capital, and so on. Statistical analysis following the panel unit test and Panel co-integration test was performed to reveal the exact effect of IT contribution to economic performance. Empirical testing results for non-stationary nature of IT investment effect are reported as well as IT contribution to manufacturing industry's economic performance.

A Review on VOCs Control Technology Using Electron Beam

  • Son, Youn-Suk;Kim, Ki-Joon;Kim, Jo-Chun
    • Asian Journal of Atmospheric Environment
    • /
    • v.4 no.2
    • /
    • pp.63-71
    • /
    • 2010
  • The removal characteristics for aromatic and aliphatic VOCs by electron beam (EB) were discussed in terms of several removal variables such as initial VOC concentration, absorbed dose, background gas, moisture content, reactor material and inlet temperature. It was reviewed that only reactor material was an independent variable among the potential control factors concerned. It was also suggested that main mechanism by EB should be radical reaction for the VOC removal rather than that by primary electrons. It was discussed that the removal efficiency of benzene was lower than that of hexane due to a closed benzene ring. In the case of aromatic VOCs, it was observed that the decomposition of the VOCs with more functional groups attached on the benzene ring was much easier than those with less ones. As for aliphatic VOCs, it was also implied that the longer carbon chain was, the higher the removal efficiency became. An EB-catalyst hybrid system was discussed as an alternative way to remove VOCs more effectively than EB-only system due to much less by-products. This hybrid included supporting materials such as cordierite, Y-zeolite, and $\gamma$-alumina.

The Comparison Analysis of Contents on the Children's Library Websites (어린이 도서관 웹사이트 컨텐츠 비교 분석)

  • Jang, Lo-Sa;Kim, Seong-Hee
    • Journal of Korean Library and Information Science Society
    • /
    • v.37 no.4
    • /
    • pp.463-482
    • /
    • 2006
  • In this study we analyzed contents in terms of contents, menu, and labeling system to support the functions of children's library websites as an access tool to its contents. As a result, the main menu structure consisted of 15 categories that are commonly provided by 31 existing children's websites. Second, first-level categories consisted of total 57 categories under 15 main menu categories. The results showed that the contents in children's website design should consider the goals and function of children's library. Also the study implied that the contents provided by the site should use consistent and standardized menu structure and labels.

  • PDF

Application of Artificial Neural Network for Optimum Controls of Windows and Heating Systems of Double-Skinned Buildings (이중외피 건물의 개구부 및 난방설비 제어를 위한 인공지능망의 적용)

  • Moon, Jin-Woo;Kim, Sang-Min;Kim, Soo-Young
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
    • /
    • v.24 no.8
    • /
    • pp.627-635
    • /
    • 2012
  • This study aims at developing an artificial neural network(ANN)-based predictive and adaptive temperature control method to control the openings at internal and external skins, and heating systems used in a building with double skin envelope. Based on the predicted indoor temperature, the control logic determined opening conditions of air inlets and outlets, and the operation of the heating systems. The optimization process of the initial ANN model was conducted to determine the optimal structure and learning methods followed by the performance tests by the comparison with the actual data measured from the existing double skin envelope. The analysis proved the prediction accuracy and the adaptability of the ANN model in terms of Root Mean Square and Mean Square Errors. The analysis results implied that the proposed ANN-based temperature control logic had potentials to be applied for the temperature control in the double skin envelope buildings.