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

Primary boycotts and medical services

The Trade Practices Act 1974 (Cth) (the TPA), prohibits the making of, or the giving effect to, contracts, agreements or understandings between competitors which purport to prevent the supply of goods or services to persons. These arrangements are known as exclusionary provisions or primary boycotts. This article discusses the role of the Australian Competition and Consumer Commission (ACCC) in enforcing the prohibition of the making of exclusionary provisions and the application of the relevant legal principles. An understanding of these principles is important to all those involved in allied health professions. The article further discusses two recent examples where medical practitioners were found to have breached the exclusionary provisions of the TPA by entering into arrangements to boycott bulk billing and restrict the provision of after-hours medical services to patients

Analytical investigation of ram-jet-engine performance in flight Mach number range from 3 to 7

An analytical investigation was made of the performance of isolated ram-jet engines in the flight Mach number range from 3 to 7 for two types of diffuser, a high-efficiency diffuser, and a normal-shock diffuser. The fuel was assumed to be a hydrocarbon similar to gasoline. The conclusions reached are: (1) a design altitude of about 100,000 feet is desirable for a high-efficiency high Mach number ram jet on the basis of engine construction and performance; and (2) although greater thrust could be obtained with other fuels, gasoline provides sufficient energy release for maximum engine efficiency in the flight Mach number range investigated. The maximum engine efficiency calculated was 0.47, which occurred at a Mach number of 5. At a Mach number of 7, the maximum propulsive-thrust coefficient was 0.57

Caring for our caregivers in body, mind and spirit during the COVID-19 pandemic

New York City became the epicenter of the coronavirus pandemic in March 2020. The surge of critically ill patients combined with widespread social distancing measures created extraordinary challenges for healthcare workers. Many frontline workers experienced significant physical, psychological, and emotional distress. They faced demanding patient care responsibilities while managing personal obligations and health concerns. During the COVID-19 pandemic, it was imperative that NewYork-Presbyterian care for its workforce’s physical, psychological and emotional needs, not only because of our commitment to our colleagues as people, but also because of our obligation to continue to deliver high quality care and experience to the patients, families and communities we serve. Research shows there is a vital link between employee experience and patient experience. Employees who feel supported will be more engaged, which leads to higher quality care and a better patient experience. At NewYork-Presbyterian, we supported our workforce holistically in body, mind and spirit so they could remain strong for the journey ahead and continue to serve our patients, families and communities throughout and at the peak of the coronavirus pandemic. We learned that proactively communicating, supporting physical health and mental health needs and acknowledging bereavement was critical to responding to this crisis. Experience Framework This article is associated with the Staff & Provider Engagement lens of The Beryl Institute Experience Framework. (http://bit.ly/ExperienceFramework) Access other PXJ articles related to this lens. Access other resources related to this lens

The Spitzer c2d Survey of Nearby Dense Cores. IX. Discovery of a Very Low Luminosity Object Driving a Molecular Outflow in the Dense Core L673-7

We present new infrared, submillimeter, and millimeter observations of the dense core L673-7 and report the discovery of a low-luminosity, embedded Class 0 protostar driving a molecular outflow. L673-7 is seen in absorption against the mid-infrared background in 5.8, 8, and 24 micron Spitzer images, allowing for a derivation of the column density profile and total enclosed mass of L673-7, independent of dust temperature assumptions. Estimates of the core mass from these absorption profiles range from 0.2-4.5 solar masses. Millimeter continuum emission indicates a mass of about 2 solar masses, both from a direct calculation assuming isothermal dust and from dust radiative transfer models constrained by the millimeter observations. We use dust radiative transfer models to constrain the internal luminosity of L673-7, defined to be the luminosity of the central source and excluding the luminosity from external heating, to be 0.01-0.045 solar luminosities, with 0.04 solar luminosities the most likely value. L673-7 is thus classified as a very low luminosity object (VeLLO), and is among the lowest luminosity VeLLOs yet studied. We calculate the kinematic and dynamic properties of the molecular outflow in the standard manner, and we show that the expected accretion luminosity based on these outflow properties is greater than or equal to 0.36 solar luminosities. The discrepancy between this expected accretion luminosity and the internal luminosity derived from dust radiative transfer models indicates that the current accretion rate is much lower than the average rate over the lifetime of the outflow. Although the protostar embedded within L673-7 is consistent with currently being substellar, it is unlikely to remain as such given the substantial mass reservoir remaining in the core.Comment: 19 pages, 14 figures. Accepted by Ap

The Role of Legal Services in the Antipoverty Program

Large-scale adaptive radiations might explain the runaway success of a minority of extant vertebrate clades. This hypothesis predicts, among other things, rapid rates of morphological evolution during the early history of major groups, as lineages invade disparate ecological niches. However, few studies of adaptive radiation have included deep time data, so the links between extant diversity and major extinct radiations are unclear. The intensively studied Mesozoic dinosaur record provides a model system for such investigation, representing an ecologically diverse group that dominated terrestrial ecosystems for 170 million years. Furthermore, with 10,000 species, extant dinosaurs (birds) are the most speciose living tetrapod clade. We assembled composite trees of 614-622 Mesozoic dinosaurs/birds, and a comprehensive body mass dataset using the scaling relationship of limb bone robustness. Maximum-likelihood modelling and the node height test reveal rapid evolutionary rates and a predominance of rapid shifts among size classes in early (Triassic) dinosaurs. This indicates an early burst niche-filling pattern and contrasts with previous studies that favoured gradualistic rates. Subsequently, rates declined in most lineages, which rarely exploited new ecological niches. However, feathered maniraptoran dinosaurs (including Mesozoic birds) sustained rapid evolution from at least the Middle Jurassic, suggesting that these taxa evaded the effects of niche saturation. This indicates that a long evolutionary history of continuing ecological innovation paved the way for a second great radiation of dinosaurs, in birds. We therefore demonstrate links between the predominantly extinct deep time adaptive radiation of non-avian dinosaurs and the phenomenal diversification of birds, via continuing rapid rates of evolution along the phylogenetic stem lineage. This raises the possibility that the uneven distribution of biodiversity results not just from large-scale extrapolation of the process of adaptive radiation in a few extant clades, but also from the maintenance of evolvability on vast time scales across the history of life, in key lineages

Single-Bottleneck Approximation for Driven Lattice Gases with Disorder and Open Boundary Conditions

We investigate the effects of disorder on driven lattice gases with open boundaries using the totally asymmetric simple exclusion process as a paradigmatic example. Disorder is realized by randomly distributed defect sites with reduced hopping rate. In contrast to equilibrium, even macroscopic quantities in disordered non-equilibrium systems depend sensitively on the defect sample. We study the current as function of the entry and exit rates and the realization of disorder and find that it is, in leading order, determined by the longest stretch of consecutive defect sites (single-bottleneck approximation, SBA). Using results from extreme value statistics the SBA allows to study ensembles with fixed defect density which gives accurate results, e.g. for the expectation value of the current. Corrections to SBA come from effective interactions of bottlenecks close to the longest one. Defects close to the boundaries can be described by effective boundary rates and lead to shifts of the phase transitions. Finally it is shown that the SBA also works for more complex models. As an example we discuss a model with internal states that has been proposed to describe transport of the kinesin KIF1A.Comment: submitted to J. Stat. Mec

Comparing non-invasive surveying techniques for elusive, nocturnal mammals: a case study of the West European hedgehog (Erinaceus europaeus)

Monitoring changes in populations is fundamental for effective management. The West European hedgehog (Erinaceus europeaus) is of conservation concern in the UK because of recent substantial declines. Surveying hedgehogs is, however, problematic because of their nocturnal, cryptic behaviour. We compared the effectiveness of three methods (infra-red thermal camera, specialist search dog, spotlight) for detecting hedgehogs in three different habitats. Significantly more hedgehogs were detected, and at greater distance, using the camera and dog than the spotlight in amenity grassland and pasture; no hedgehogs were detected in woodland. Increasing ground cover reduced detection distances, with most detections (59.6%) associated with bare soil or mown grass; the dog was the only method that detected hedgehogs in vegetation taller than the target species’ height. The additional value of surveying with a detection dog is most likely to be realised in areas where badgers (Meles meles), an intra-guild predator, are and/or where sufficient ground cover is present; both would allow hedgehogs to forage further from refuge habitats such as hedgerows. Further consideration of the effectiveness of detection dogs for finding hedgehogs in nests, as well as developing techniques for monitoring this species in woodland, is warranted