Spoiled holidays: Damages for disappointment or distress

Generally damages for disappointment or distress following a breach of contract will not be awarded to the innocent party under common law. However where the object of the contract is to provide relaxation or enjoyment, for example, an ocean cruise or a package holiday, damages may be recoverable for disappointment or distress. Damages of this type may also be awarded where there is a breach of the consumer protection provisions of the Trade Practices Act 1974 (Cth). This paper discusses a number of ‘spoiled’ holiday cases where damages were awarded for disappointment or distress. The liability of travel service providers under the Trade Practices Act 1974 (Cth) is also discussed

The Red Supergiant Content of M31

We investigate the red supergiant (RSG) population of M31, obtaining radial velocities of 255 stars. These data substantiate membership of our photometrically-selected sample, demonstrating that Galactic foreground stars and extragalactic RSGs can be distinguished on the basis of B-V, V-R two-color diagrams. In addition, we use these spectra to measure effective temperatures and assign spectral types, deriving physical properties for 192 RSGs. Comparison with the solar-metallicity Geneva evolutionary tracks indicates astonishingly good agreement. The most luminous RSGs in M31 are likely evolved from 25-30 Mo stars, while the vast majority evolved from stars with initial masses of 20 Mo or less. There is an interesting bifurcation in the distribution of RSGs with effective temperatures that increases with higher luminosities, with one sequence consisting of early K-type supergiants, and with the other consisting of M-type supergiants that become later (cooler) with increasing luminosities. This separation is only partially reflected in the evolutionary tracks, although that might be due to the mis-match in metallicities between the solar Geneva models and the higher-than-solar metallicity of M31. As the luminosities increase the median spectral type also increases; i.e., the higher mass RSGs spend more time at cooler temperatures than do those of lower luminosities, a result which is new to this study. Finally we discuss what would be needed observationally to successfully build a luminosity function that could be used to constrain the mass-loss rates of RSGs as our Geneva colleagues have suggested.Comment: Accepted for publication in the Astronomical Journa

Geometry and Dynamics with Time-Dependent Constraints

We describe how geometrical methods can be applied to a system with explicitly time-dependent second-class constraints so as to cast it in Hamiltonian form on its physical phase space. Examples of particular interest are systems which require time-dependent gauge fixing conditions in order to reduce them to their physical degrees of freedom. To illustrate our results we discuss the gauge-fixing of relativistic particles and strings moving in arbitrary background electromagnetic and antisymmetric tensor fields.Comment: 8 pages, Plain TeX, CERN-TH.7392/94 and MPI-PhT/94-4

The arbitration of financial disputes: the commercial arbitration act 1985 (WA)

The Commercial Arbitration Act 1985 (WA) provides a rapid and cost effective method for the resolution of commercial disputes. Although essentially adversarial, the flexibility of the process allows the procedures to be modified to suit the particular dispute. The act states that the arbitrator is not bound by the rules of evidence, and pleadings normally required in litigation need not apply. At the same time there is certainty in the outcome in that there are limited grounds for the appeal of an arbitrator's determination. The ambit of an arbitrator's jurisdiction is relevant to the finance industry as it can extend to resolution of disputes arising from contractual breaches, negligence, trade practices and breaches of the consumer protection provisions of the Australian Securities and Investment Commission Act 2001 (Cth). Hearings are held in private and the specialist expertise of the arbitrator greatly assists in the speedy resolution of the dispute. This article discusses the provisions and application of the Commercial Arbitration Act to commercial disputes

Innovative building materials and sick building syndrome: Liabilities of manufacturers and importers of defective materials

The influence on indoor air quality of volatile organic compounds contained in a wide range of building materials has been known for some time. However in order to reduce materials costs and construction times, builders are increasingly using alternative innovative construction materials which may contain hazardous compounds. This paper firstly considers the use and composition of innovative materials and discusses the legal issues arising from Sick Building Syndrome with particular emphasis on Part VA of the Trade Practices Act 1974 (Cth) which creates a statutory right to damages in the event that goods are defective and injury or damage is suffered as a result, by imposing a strict liability for manufacturers and importers of defective goods without being constrained by the limitations at common law