How does the cookie crumble? legal costs under a uniform interpretation of the United Nations Convention on Contracts for the International Sale of Goods

A family owned Mexican company, Zapata Hermanos Sucesores, S.A. ("Zapata"), sold approximately US950,000 worth of cookie tins over a period of four years to the Maurice Lenell Cooky Company ("Lenell"), an American company that produced baked goods. Lenell failed to pay Zapata for the cookie tins so Zapata sought legal advice and instituted legal proceedings against Lenell for breach of contract in the Federal District Court of Illinios. The cookie tin sale contracts were governed by the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Zapata succeeded in its Federal District Court claim and, as part of the Court\u27s order, was awarded US550,000 as foreseeable loss under Article 74 of the CISG, being the amount of legal fees incurred by Zapata in bringing proceedings against Lenell. On appeal to the Federal Appellate Court, however, the award of legal fees was overturned. The parties now find themselves contesting a leave application to appeal to the Supreme Court of the United States of America in a much anticipated debate over who should pay the lawyers

Harmonisation and the United Nations Convention on Contracts for the International Sale of Goods

After many years of negotiation, the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) came into force in 1988. Today, 62 states have adopted the CISG. Together these countries account for over two-thirds of all world trade.2 On this basis alone, the CISG is an outstanding success in the legal harmonisation of the law governing the international sale of goods. However, the CISG has its critics and much comment has been made on the failure of the CISG to achieve its goal of promoting international trade through a body of uniform rules.The primary motivation driving the push for a harmonised law on the international sale of goods is economic: a harmonised law makes it easier and more efficient for the business person to sell and buy goods across state borders. However, the engine driving the push for harmonisation is political and cultural; and the task of creating the harmonised law belongs to the diplomat.3 A study of the CISG demonstrates that the political and cultural demands on the diplomat also act as shackles that restrain the achievement of a harmonised law.This paper will consider the CISG and discuss the constraints on treaty making as a mechanism for legal harmonisation. Part one discusses the constraints faced when creating a uniform text.Part two discusses the problems with the text of the CISG that result from the negotiation process. Finally, part three discusses the constraints faced in maintaining the uniformity of the CISG

Linking Plant and Animal Cells

1. Be able to demonstrate, via the graphing calculator, knowledge of plant and animal cells. 2. Be able to compare and contrast cells and their functions using their study cards as a guide

'Risky places?': mapping gambling machine density and socio-economic deprivation

The aims of this project were to map the location and density of gambling machines in Britain; to explore whether geographic areas with higher densities of machines exist and to examine the socio-economic characteristics of these areas relative to others. Using geospatial analysis of premises records, we identified 8861 Machine Zones which were areas with a 400 meter radius around gambling machine venue and 384 High Density Machine Zones (HDMZ) with 1 or more gambling machine per hectare. There was a significant correlation between machine density and socio-economic deprivation. HDMZs had greater levels of income deprivation, more economically inactive people and a younger age profile than other areas; 37 % of those living in HDMZs were economically inactive compared with 33 % of those in non-machine areas. HDMZs were in seaside locations but also New Towns or satellite towns to major urban areas. Area affluence explains some of this pattern; of the New Towns with HDMZs, 78 % were in New Towns with a high proportion of low income areas. We therefore concluded that the distribution of gambling machines in Great Britain, in line with other international jurisdictions, displays a significant association with areas of socio-economic deprivation. The profile of the resident population living in HDMZs mirrors the profile of those most at-risk of experiencing harm from gambling. This spatial pattern has important implications for assessing the relationship between gambling availability and gambling-related harm, and for the future development of policy, harm-prevention and treatment strategies

Analysis of the Police Response to Mass Shootings in the United States between 1966 and 2016

This study examines 186 mass shooting events for the protocol police followed upon arrival atthe scene. In 124 of these cases, the police arrived on scene after the shooter had stoppedshooting, either because the shooter committed suicide, fled the scene or was detained by peoplein the area who were not currently police officers. Of the 186, only 62 cases included policearriving on scene and following a response protocol, either engagement or perimeter. Thenumber of casualties varied for each incident and type of police response. These cases wereanalyzed to determine if one type of response protocol was more effective in decreasing thenumber of casualties resulting from a shooting. Analysis of the data showed signs that suggestedthere are more casualties when the perimeter protocol is followed, but these results remain statistically insignificant. However, indirect support for the effectiveness of the engagement protocol reducing the number of casualties included a significant correlation between the shooting duration and the total number of casualties

Unit organization of five topics in economics for the twelfth school year

Thesis (Ed. M.)--Boston University, 194

Groundwater quality assessment of the Piney Point aquifer in the Virginia Coastal Plain

The solid phase of an aquifer has an effect on the aqueous phase; if groundwater quality is degraded by the solid phase of an aquifer this is referred to as geogenic pollution. In this study, the Piney Point aquifer in the Virginia Coastal Plain was assessed for mechanisms that may release anions from the solid to aqueous phases and effect water quality. This was done by conducting leaching experiments modified from Balintova et al. (2013). Piney Point aquifer sediments and groundwaters were also analyzed to give a baseline for these experiments. Sedimentary analysis was found to be consistent with McFarland (2017) and groundwater anion concentrations were found to be less than the U.S. Environmental Protection Agency’s (EPA) established Maximum Contaminant Levels (MCL). Leaching experiments found that low pH environments may lead to the release of fluoride in association with phosphorus in sediments and general release of chloride. Nitrate release mechanisms in confined aquifers require further study, but it appeared as total inorganic carbon was dissolved, sedimentary total nitrogen concentrations increased. Sulfate concentrations in leaching experiments were found to be associated with sulfur concentrations in the solid phases. Furthermore, leaching experiments showed that when sediments are exposed to oxic environments then re-exposed to groundwater, higher concentrations of anions were released to the aqueous phases. This could be a particular issue with sulfate concentrations, which were above the EPA MCL in the majority of sediment samples in all leachate treatments

Kes kirjutab Eesti Arsti?

Eesti Arst 2019; 98(1):62–6