in various legal systems, with adoption of the validity of exclusion clause as a rule, in the exceptional instances for the reason of social importance of the matter and contrary to the public policy, exclusion clause is void. thus, in the case of death; bodily injuries; deliberated breach of contract or legal duty ;gross negligence and deception imputed to party relying to exclusion clause, it...

When would parties to a contract want performance to be specifically required, and when would they prefer payment of money damages to be the remedy for breach? This fundamental question is studied here, and an answer is provided that is based on a simple distinction between contracts to produce goods and contracts to convey property. Setting aside qualifications, the conclusion for breach of co...

This study examines factors a€ecting employees' perceptions that their psychological contract has been breached by their organization, and factors a€ecting whether this perception will cause employees to experience feelings of contract violation. Data were obtained from 147 managers just prior to their beginning of new job (time 1) and 18 months later (time 2). It was found that perceived contr...

Systemic lupus erythematosus (SLE) is characterized by multiorgan inflammation, neuropsychiatric disorders (NPSLE), and anti-nuclear antibodies. We previously identified a subset of anti-DNA antibodies (DNRAb) cross-reactive with the N-methyl-D-aspartate receptor, present in 30% to 40% of patients, able to enhance excitatory post-synaptic potentials and trigger neuronal apoptosis. DNRAb+ mice e...

BACKGROUND A physician's duty to provide an adequate explanation to the patient is derived from the doctrine of informed consent and the physician's duty of disclosure. However, findings are extremely limited with respect to physicians' specific explanatory behaviours and what might be regarded as a breach of the physicians' duty to explain in an actual medical setting. This study sought to ide...

Data breach notification required by federal and state regulators has reduced information asymmetry on the effectiveness of information security programs. While pervasive media coverage of data breaches likely tarnishes an organization’s reputation, there is little empirical evidence that shows how consumers react to such organizational failures. Focusing on the healthcare sector as one of the ...

Ž . In automated negotiation systems for self-interested agents, contracts have traditionally been binding. They do not accommodate future events. Contingency contracts address this, but are often impractical. As an alternative, we propose le eled commitment contracts. The level of commitment is set by breach penalties. To be freed from the contract, an agent simply pays the penalty to the othe...

This article aims to understand if, and to what extent, business details about an organization can help to assess a company’s risk in experiencing data breach incidents, as well its distribution of risk over multiple incident types, in order to provide guidelines to effectively protect, detect, and recover from different forms of security incidents. Existing work on prediction of data breach ma...

Once a landslide dam bursts, its reservoir discharges quickly in a flood which will cause catastrophic damage to life and property downstream. For a specific landslide dam, the peak flow rate and the evolution of downstream flood are influenced by the shape and size of the dike breach when dam-break occurs. According to the general nature of landslide dams and field observations of dike-breach ...

The main goal of this study is to identify the probability distribution earthfill dam breach parameters using a failures database (3861 observations). This work looks fill lack studies observed, an extensive instead empirical models, plausible values, or small databases. It is, expected that will contribute development probabilistic inundation maps deterministic mapping. Four were selected: (i)...