Fitting the “Situation”: The CISG and the Regulated Market

This Article considers what kind of market analysis appears when “objective intent” rules and standards are used to help decide international sales cases adjudicating quality of goods disputes and whether and how these decisions are consistent with the goals of uniformity, good faith, and international character

SPECIFICATIONS AND THE CONTRACTUAL RELATIONSHIP: ARTICLE 65 OF THE CISG IN LIGHT OF PECL ARTICLE 7:105

Article 65 of the Convention on Contracts for the International Sale of Goods (the ”CISG”)1, setting forth an opportunity for the seller to impose certain specifications in light of the buyer’s failure to do so, raises particular questions of interpretation given the Principles of European Contract Law (the ”PECL”)2. CISG Article 65 sets forth a mechanism for the seller to supply specifications for a sale of goods transaction where the buyer has failed to do so. The PECL, on the other hand, states a similar right of parties in a generalized fashion, not merely applying to a narrow context. These provisions are set forth below, in comparison, with emphasis added to heighten the contrast and the key provisions of each section: CISG Article 65 PECL Article 7:105 (1) If under the contract the buyer is to specify the form, measurement or other features of t h e g o o d s a n d h e f a i l s t o mak e such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to him. (2) If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If, after receipt of such a communication, the buyer fails to do so within the time so fixed, the specification made by the seller is binding. (1) Where an obligation may be discharged by one of alternative performances, the choice belongs to the party which is to perform, unless the circumstances indicate otherwise. (2) If the party which is to make the choice fails to do so by the time required in the contract, then: (a) if the delay in choosing is fundamental, the right to choose passes to the other party; (b) if the delay is not fundamental, the other party may give a notice fixing an additional period of reasonable length in which the party to choose must do so. If the latter fails to do so, the right to choose passes to the other party. Thus, the CISG provision is limited to certain basic information about the goods, such as the: ”form, measurement or other features of the goods”, which have not been specified by the buyer where the contract calls for the buyer to do so by a certain date. The portion of the PECL which is more directly applicable is the second paragraph of Article 7:105, which applies ”If the party which is to make the choice fails to do so by the time required in the contract . …” Thus, the PECL does not delimit the remedy to basic choice of specifications pertaining to the goods. This approach of the PECL thus generalizes through the substantive provision of Article 7:105, rather than through offer and acceptance provisions, as will be shown to be done in the CISG, which was drafted a decade and a half earlier.3 There is thus movement over time toward a more relationship based principle, away from the technical features of offer and acceptance. This legal history observation may be eclipsed, however, by recent developments, discussed in Section IV, which may have greater practical effect

The Influence of Alcohol Warning Labels on Consumers’ Choices of Wine and Beer

This study aims to analyse the influence of alternative formats of health warnings on French and Italian Millennial consumers’ choices of beer and wine. Two Discrete Choice Experiments were built for wine and beer and two Latent Class choice models were applied in order to verify the existence of different consumer profiles. Results show that young consumers’ choices for wine and beer are influenced by framing, design and visibility of warnings. In both countries, the acceptance of warnings is higher for beer than for wine and in both cases consumers show higher utility for a logo on the front label: on the neck with a neutral message in the case of beer; on the front, without a message for wine. Latent Class choice models highlight the existence of different consumers’ groups with different levels of warning influencing their choices. In order to apply policies conducting to health benefits, our results suggest the need to focus on young individuals to communicate the risks of alcohol abuse through targeted messages and, more generally, to make them aware of the potential negative effects of excessive consumption of both wine and beer

Form invariance symmetry generates a large set of FRW cosmologies

We show that Einstein's field equations for spatially flat Friedmann-Robertson-Walker (FRW) space times have a form invariance symmetry (FIS) realized by the form invariance transformations (FIT) which are indeed generated by an invertible function of the source energy density. These transformations act on the Hubble expansion rate, the energy density, and pressure of the cosmic fluid; likewise such transformations are endowed with a Lie group structure. Each representation of this group is associated with a particular fluid and consequently a determined cosmology, so that, the FIS defines a set of equivalent cosmological models. We focus our seek in the FIT generated by a linear function because it provides a natural framework to express the duality and also produces a large sets of cosmologies, starting from a seed one, in several contexts as for instance in the cases of a perfect fluid source and a scalar field driven by a potential depending linearly on the scalar field kinetic energy density.Comment: 11 pages, 3 figures. Accepted for publication in Modern Physics Letters A (2012

Comparison of engagement and emotional responses of older and younger adults interacting with 3D cultural heritage artefacts on personal devices

The availability of advanced software and less expensive hardware allows museums to preserve and share artefacts digitally. As a result, museums are frequently making their collections accessible online as interactive, 3D models. This could lead to the unique situation of viewing the digital artefact before the physical artefact. Experiencing artefacts digitally outside of the museum on personal devices may affect the user's ability to emotionally connect to the artefacts. This study examines how two target populations of young adults (18–21 years) and the elderly (65 years and older) responded to seeing cultural heritage artefacts in three different modalities: augmented reality on a tablet, 3D models on a laptop, and then physical artefacts. Specifically, the time spent, enjoyment, and emotional responses were analysed. Results revealed that regardless of age, the digital modalities were enjoyable and encouraged emotional responses. Seeing the physical artefacts after the digital ones did not lessen their enjoyment or emotions felt. These findings aim to provide an insight into the effectiveness of 3D artefacts viewed on personal devices and artefacts shown outside of the museum for encouraging emotional responses from older and younger people

Stability analysis of cosmological models through Liapunov's method

We investigate the general asymptotic behaviour of Friedman-Robertson-Walker (FRW) models with an inflaton field, scalar-tensor FRW cosmological models and diagonal Bianchi-IX models by means of Liapunov's method. This method provides information not only about the asymptotic stability of a given equilibrium point but also about its basin of attraction. This cannot be obtained by the usual methods found in the literature, such as linear stability analysis or first order perturbation techniques. Moreover, Liapunov's method is also applicable to non-autonomous systems. We use this advantadge to investigate the mechanism of reheating for the inflaton field in FRW models.Comment: Latex file, 8 pages, no figures, accepted for publication in Class. & Quant. Gra

Generation Y and sparkling wines: a cross-cultural perspective

The aim of this study was to investigate and compare the engagement of Generation Y consumers with champagne and sparkling wine across five Anglophone countries. A qualitative approach was adopted using focus groups with young consumers, including images and wine tasting as projective stimuli. There were significant trans-cultural similarities between consumption behaviour (sparkling wine is a women’s drink, and a separate category from still wine, and that they will ‘grow into’ drinking it) but also noticeable differences (responses to images and colours varied substantially, as did attitudes to price and the particular status of champagne). Research into the behaviour of Generation Y as a cohort needs to take account of cultural as much as generational context. However, as a qualitative study the findings need further quantitative validation. Marketers cannot view Generation Y as a single group; even within countries marketing strategies may need to be refined depending on where a product is being sold

Coronary artery calcification on routine CT has prognostic and treatment implications for all ages

Aims: Guidelines have recommended reporting coronary artery calcification (CAC) if present on chest CT imaging regardless of indication. This study assessed CAC prevalence, prognosis and the potential clinical impact of its reporting. Methods: We performed a single-centre retrospective analysis (January-December 2015) of 1400 chest CTs (200 consecutive within each age group: &lt;40, 40-49, 50-59, 60-69, 70-79, 80-89, ≥90). CTs were re-reviewed for CAC presence and severity and excluded if prior coronary intervention. Comorbidities, statin prescription and clinical outcomes (myocardial infarction [MI], stroke, all-cause mortality) were recorded. The impact of reporting CAC was assessed against pre-existing statin prescriptions. Results: 1343 patients were included (mean age 63±20 years, 56% female). Inter- and intra-observer variability for CAC presence at re-review was almost perfect (κ 0.89, p &lt; 0.001; κ 0.90, p &lt; 0.001) and for CAC grading was substantial and almost perfect (κ 0.68, p &lt; 0.001; κ 0.91, p &lt; 0.001). CAC was observed in 729/1343 (54%), more frequently in males (p &lt; 0.001) and rising age (p &lt; 0.001). A high proportion of patients with CAC in all age groups had no prior statin prescription (range: 42% [80-89] to 100% [&lt;40]). The ‘number needed to report’ CAC presence to potentially impact management across all ages was 2. 689 (51%) patients died (median follow-up 74-months). CAC presence was associated with risk of MI, stroke and all-cause mortality (p &lt; 0.001). After adjusting for confounders, severe calcification predicted risk of all-cause mortality (HR 1.8 [1.2-2.5], p = 0.002). Conclusion: Grading of CAC was reproducible, and although prevalence rose with age, prognostic and treatment implications were maintained in all ages.</p

Coronary artery calcification on routine CT has prognostic and treatment implications for all ages

Aims: Guidelines have recommended reporting coronary artery calcification (CAC) if present on chest CT imaging regardless of indication. This study assessed CAC prevalence, prognosis and the potential clinical impact of its reporting. Methods: We performed a single-centre retrospective analysis (January-December 2015) of 1400 chest CTs (200 consecutive within each age group: &lt;40, 40-49, 50-59, 60-69, 70-79, 80-89, ≥90). CTs were re-reviewed for CAC presence and severity and excluded if prior coronary intervention. Comorbidities, statin prescription and clinical outcomes (myocardial infarction [MI], stroke, all-cause mortality) were recorded. The impact of reporting CAC was assessed against pre-existing statin prescriptions. Results: 1343 patients were included (mean age 63±20 years, 56% female). Inter- and intra-observer variability for CAC presence at re-review was almost perfect (κ 0.89, p &lt; 0.001; κ 0.90, p &lt; 0.001) and for CAC grading was substantial and almost perfect (κ 0.68, p &lt; 0.001; κ 0.91, p &lt; 0.001). CAC was observed in 729/1343 (54%), more frequently in males (p &lt; 0.001) and rising age (p &lt; 0.001). A high proportion of patients with CAC in all age groups had no prior statin prescription (range: 42% [80-89] to 100% [&lt;40]). The ‘number needed to report’ CAC presence to potentially impact management across all ages was 2. 689 (51%) patients died (median follow-up 74-months). CAC presence was associated with risk of MI, stroke and all-cause mortality (p &lt; 0.001). After adjusting for confounders, severe calcification predicted risk of all-cause mortality (HR 1.8 [1.2-2.5], p = 0.002). Conclusion: Grading of CAC was reproducible, and although prevalence rose with age, prognostic and treatment implications were maintained in all ages.</p

How Can I Drink Safely?; Perception Versus the Reality of Alcohol Consumption

This article investigates differences between perception and actual consumption of alcohol in young adults within the UK, suggesting that inaccurate information in the public domain may hamper those seeking to drink safely plus the development of moderate drinking cultures. Results confirm that inaccurate information may be preventing the development of safe drinking behaviours among certain groups. In addition, they indicate that some groups choose to ignore safe consumption limits in particular circumstances. Results indicate that many government strategies aimed at reducing unsafe drinking behaviour are inaccurately targeted; changing male public consumption behaviour may trigger changes in female behaviour