Resolving the Paradox of the Consideration Doctrine: The Implications of Inefficient Signaling and of Anti-Commodification Norms

This paper addresses one of the central problems of contract law, a puzzle that has troubled generations of contracts scholars: Why do we only enforce promises backed by consideration? Or, how can we justify insisting on the bargain context, but not requiring that the bargains be adequate? The lack of a theoretical solution to this puzzle has plagued the application of the consideration doctrine in courts of law. We resolve this paradox through two innovations. First, using a game theory model based on asymmetric information, we dispute the common wisdom that the law should honor parties’ intentions as articulated at the time of contract formation. We show how parties’ expressed intentions may not conform to their underlying desires. Crucially, the mere fact that parties take advantage of a legally binding option does not imply that they desire the existence of that option. When courts create an option for the legal enforcement of promises, parties can essentially be forced into exercising that option. How then can the law determine which promises to enforce? Our second innovation shows how social norms against commodification limit the availability of the consideration form. Where previous scholarship has assumed that anyone so wishing can invoke nominal consideration, we argue that anti-commodification norms make even nominal consideration unavailable within certain social contexts. Moreover, the contexts in which norms block the use of consideration are precisely the circumstances where creating a legally binding option would be most likely to harm both promisors and promisees. Ultimately, what matters is not whether the parties actually do offer consideration, but rather whether they can voice consideration. Only when norms allow the use of consideration should we conclude that parties truly desire the option to have their promises legally enforced

Commodification and Contract Formation: Placing the Consideration Doctrine on Stronger Foundations

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification – a fact that has confounded generations of scholars and created a mess of case law. This paper argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of the consideration form. Some promises are made in social contexts in which invoking consideration—that is, exchanging a promise in return for something of value—violates social taboos. Specifically, we show that anti-commodification taboos operate where the social message sent by a transaction is more important than the desire to transfer goods or services. Whereas previous scholarship has assumed one can always invoke consideration, we argue that anti-commodification norms make even nominal consideration unavailable within these contexts. Second, scholars have assumed that when parties utilize a formalism—such as nominal consideration—to make their promises legally binding, they necessarily desire to be bound. Using a game-theoretic model based on asymmetric information, we dispute the conventional wisdom that the law should honor parties’ intentions as articulated at the time of contract formation. We show how parties’ expressed intentions may not conform to their underlying desires. A promisor may render her promise legally enforceable—even though she does not want to—in order to signal her sincerity to the promisee. As a result, in a cycle of inefficient signaling, other promisors may feel forced to do the same. Thus, the mere fact that parties take advantage of a legally binding form does not imply that they desire the existence of that option. Having the option to legally enforce a promise may harm both promisors and promisees. Having exposed these two flawed assumptions, we provide a new framework for determining which promises the law should enforce. Ultimately, what matters is not whether the parties actually do invoke consideration, but rather whether they can invoke consideration. Norms prevent parties from invoking consideration where the social message sent by a promise is more important than the substance of the transaction—and these are precisely the types of promises in which inefficient signaling is likely to occur. In other words, norms block the use of consideration precisely where the option for legal enforcement of promises is most likely to harm both promisors and promisees. Therefore, only when social norms allow the use of consideration should we conclude that parties truly desire the option to have their promises legally enforced

An Assessment of the Visitor Traffic Dynamics at Minneriya National Park; Implications for Visitor Management

National Parks have become popular destinations for recreational activities in Nature-based tourism. The underlying purpose of establishing National parks is to provide maximum protection to wildlife and their habitats, while allowing public to have educational, recreational and spiritual experiences. Wildlife viewing is one such recreational activities that attracts thousands of nature lovers to National Parks (NP). Such high visitor concentration in National Parks can cause negative impacts on the natural ecosystems. This study was intended to assess the visitor traffic condition in highly visited Minneriya NP in the dry zone of Sri Lanka to support informed decision making in visitor management. Initially, the key habitats, its ecological and recreational attributes, and potential recreational impacts were identified by a resonance survey. Real-time visitor traffic data within the National Park as well as within the key habitats were collected utilising a mobile application developed for safari jeep drivers. To access recreational and ecological importance of each habitat, an expert opinion survey was further conducted with a panel of experts who have sound knowledge on the study site. Real time traffic data analysis revealed that safari vehicles on average occupy the grassland habitat for 31 minutes and the average speed maintain is 15 km/h. Grassland had the highest recreational demand with highest number of vehicles typically occupying this habitat. The least recreational demand was for Bamboo forest habitat with vehicles on average spending 13 minutes and maintaining 26 km/h speed within this habitat. The expert opinion survey revealed that the most sensitive habitat in the park is the undisturbed dry-mixed forest and the grassland is the second one on the ranking. At the same time, the grassland has the highest potential for recreational activities over the other key habitats. Therefore, the visitor traffic in the grassland habitat needs to be managed or optimised subjected to ecological sensitivity in order for sustainable wildlife tourism. The optimum vehicle allocation and optimum time allocation for single trip and for key habitats were further determined based on expert opinion survey. Moreover, minimum safe distance that should be maintained between the wild animals and the safari vehicles are proposed based on expert opinions. The speed limit that can be permitted inside the park and the key habitats is also suggested. The inputs of this research will be used to develop a GPS based real-time visitor traffic management system which comprises with a mobile application and a web interface.Keywords: National parks, Wildlife tourism, Motorised disturbances, Expert opinion survey, Real-time visitor traffic managemen

A waste minimisation framework for the procurement of design and build construction projects

Both construction Waste Minimisation (WM) and construction procurement activities play an effective role in attaining sustainability by giving due consideration to the environment, community and social conditions in delivering built assets. The construction industry has a major impact on the environment, both in terms of resource consumption and increasing waste production. Recent figures published by the UK government reveal that construction and demolition activities produce approximately 32% of total waste generated: three times the waste produced by all households combined. However, the current and on-going research in the field of construction WM and management focuses mainly on onsite waste quantification and management; and stakeholders‟ source identification. Little research has been undertaken to evaluate the relationship between Construction Procurement Systems (CPS) and construction waste generation. However, literature emphasises the need for research in this context. This research aims to develop a Procurement Waste Minimisation Framework (PWMF) to enhance WM practices by evaluating the relationship between CPS and construction waste generation. Objectives of the research include: examine construction WM drivers, WM approaches, waste origins and causes; critically review and evaluate current CPS and sustainable procurement practices in the UK; assess the relationship between CPS and construction waste generation; investigate and synthesis Procurement Waste Origins (PWO); examine the most suitable CPS that could potentially embed and sustain WM; develop and validate the PWMF. This research has adopted a survey research design and mixed methods sequential procedure. Data has been gathered through a cross sectional, self-administered postal questionnaire survey (N=258 distributed, n=65 received) and semi-structured interviews (N=17) with procurement managers and sustainability managers from the top 100 UK contracting organisations and quantity surveyors from the top 100 UK quantity surveying organisations. Data analysis techniques include: descriptive statistics; non-parametric tests; and constant comparative method. The PWMF has developed based on the findings of literature review, questionnaire survey and semi-structured interviews and adopting key concepts of problem solving methodology. The PWMF validation method includes: validation questionnaire (N=8) and follow-up semi-structured interviews (N=6) with procurement managers, sustainability managers and quantity surveyors. Key findings which emerged from the study include: CPS do have an impact on waste generation in construction; integrated CPS have major potential to integrate WM strategies; four PWO identified (i.e. uncoordinated early involvement of project stakeholders; ineffective communication and coordination; unclear allocation of WM responsibilities; and inconsistent procurement documentation) and associated sub-waste causes; and the developed PWMF enables to diagnose potential waste origins and causes, and WM improvement measures for design and build projects. The study has made recommendations which, if adopted, will lead to significant improvements in WM practices and sustainable procurement practices in construction. The content should be of interest to contractors, clients, and organisations dealing with procurement, waste and sustainability

Optimization of polymer/ruthenium complex optical oxygen sensor

This thesis is focused on developing an optical oxygen sensor, to detect oxygen content in sealed packages. The oxygen sensor material was developed using tris(4,7-diphenyl-1,10-phenanthroline)ruthenium(II) dichloride, a well known oxygen sensitive dye. The [Ru(Ph2Phen)3](Cl) 2 dye was incorporated into a polyacrylate polymer in the first step. A plasticizer (dioctylphthalate) was then added to the polymer/ruthenium mixture to improve the oxygen permeability of the sensor material. Optimum composition films were identified by the analysis of fluorescence lifetime decay curves using the OxySense 101 Analyzer. After optimizing each component in the order of polymer, ruthenium and plasticizer, the solution mixture was cured for a minimum of 24 hrs. at 60°C to produce the final cured polymer/ruthenium/plasticizer material. The optimized sensor material was reconstituted and cast onto suitable substrates before testing. The final optimized, cured sensor material contained 0.005 g Ru per 1 g polymer and 1 g dioctylphthalate per 1 g of polymer

Community Wellbeing Survey - Lane Cove

Lane Cove Council contracted UTS:CLG in 2014 to develop a community indicator framework to establish a set of indicators and measures of community wellbeing informed predominantly by the social issues aligned to Council’s Community Strategic Plan (CSP). The framework was built upon the objectives of the CSP and encompasses indicators and data sources that will increase Council’s awareness, knowledge and monitoring of current social issues and trends in Lane Cove

The use of remote sensing data for drought assessment and monitoring in southwest Asia

Drought / Monitoring / Indicators / Assessment / Remote sensing / Asia

Women in Economics: A UK Perspective

The status of women in economics in the US has come increasingly under the spotlight. We exploit high quality administrative data to paint the first comprehensive picture of the status of women in UK academic economics departments in research-intensive universities. Our evidence indicates that, as in the US, women in economics are under-represented and are paid less than men. The issues facing women in economics in the UK are similar to other disciplines particularly STEM but have received less national policy attention to date. We conclude with a discussion of interventions that might improve the status of women in academia and we present new evidence that a UK academic diversity programme (Athena Swan) has narrowed the gender pay gap at a senior level