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Once more unto the breach: a comparative analysis of the meaning of breach in contract law
No full textThe comparative analysis of law has been used to flesh out the commonalities and divergences between different legal systems, legal families, and bodies of law. Legal systems are often grouped or categorized as parts of a given legal tradition. A popular division in legal traditions has been that of the civil versus common law traditions. But such a taxonomy is a bit simplistic since there are numerous and important differences across legal traditions. Most civil law countries can be divided into those of the Germanic and Franco-Romanistic families, whereas Anglo-American law suggests a more holistic view of the common law. In reality, there are significant differences between the English and American common laws of contracts. These differences have become more profound with the modernization of commercial law through the enactment of the American Uniform Commercial Code and its subsequent influence on the development of the American common law of contracts. Comparative contract law has been a longstanding subject of comparative law scholars. This Article continues that line of comparative law research by exploring the mostly unstudied area of the meaning of breach in breach of contract, and its consequences. The Authors come from different parts of the civil-common law divide and the intra-family divide within the civil law tradition, accompanied by a knowledge of the unique civil law system instituted in the People’s Republic of China. Finally, since all five countries subject to this study have adopted the Convention on Contracts for the International Sale of Goods (CISG), a discussion of how these countries have applied the CISG’s fundamental breach rule is undertaken
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Common law perspectives on performance and breach
No full textINTRODUCTION This chapter, which complements Chapter 12‘s coverage on performance and breach, examines three important issues in Chinese contract law relating to performance and breach. It examines the three issues using the corresponding law in England and Wales as a comparative tool. The three issues considered are: (1) contracts in favour of third parties; (2) anticipatory breach and the defence of insecurity; and (3) the doctrine of change of circumstances. We will not consider good faith in the performance of contracts separately, although we will consider how it punctuates these issues. CONTRACTS IN FAVOUR OF THIRD PARTIES Relevant Law Article 64 of the Contract Law of the People’s Republic of China (CCL) makes the debtor liable to the creditor for his failure to perform an obligation under the agreement to a third party or for not performing it in conformity with the agreement. Unlike Article 269(1) of the Taiwan Civil Code, this does not create an exception to the privity rule by giving the third party the right to sue on the contract. The creditor is still the party who needs to bring the action. The discussion that follows on how the common law deals with claims by the creditor to enforce obligations owed to third parties will be of particular relevance. However, the ‘will theory’ of contract law is present to the extent that the parties to an agreement can also choose to bestow rights, but seemingly not obligations, on third parties. Under Article 84 of the Chinese General Principles of Civil Law (GPCL), parties can confer rights on third parties, but the third party must have agreed to be the beneficiary. Such an offer can be revoked or modified before the third party has accepted the offer or made preparations for the contract on the basis of an offer it believes is irrevocable. The creation of third-party rights under the CCL has similarities in situations, discussed later in this chapter, where the common law finds a collateral contract with a third party on the basis of an earlier contract in the context of the overall circumstances. Also the conditions for the offer being non-revocable bear comparison with similar rules in England and Wales under the Contract (Rights of Third Parties) Act 1999, which allows third parties, in certain circumstances, to enforce terms made for their benefit
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