Robert J. Pothier\u27s Influence on the Common Law of Contract

When I started this paper, I had a four-part thesis, which I since have had to amend significantly. The thesis was: first, that Robert Joseph Pothier\u27s writings had an enormous influence on the development of the Common Law of contract. Second, that his influence in England was mediated by decisions made and treatises written in the United States. Third, that his role was to pass on the wisdom of ancient Rome to the Anglo-American system. And fourth, that his influence was largely unknown. I have discovered that the first part of this thesis was not only correct, but that his influence was greater than I had imagined

Design of the Target Dump Injection Segmented (TDIS) in the framework of the High Luminosity Large Hadron Collider (HL-LHC) project

The High Luminosity Large Hadron Collider (HL-LHC) Project at CERN calls for increasing beam brightness and intensity. In this scenario, most equipment has to be redesigned and rebuilt. In particular, beam intercepting devices (such as dumps, collimators, absorbers and scrapers) have to withstand impact or scraping of the new intense HL-LHC beams without failure. Furthermore, minimizing the electromagnetic beam-device interactions is also a key design driver since they can lead to beam instabilities and excessive thermo-mechanical loading of devices. In this context, the present study assesses the conceptual design quality of the new LHC injection protection absorber, the Target Dump Injection Segmented (TDIS), from an electromagnetic and thermo-mechanical perspective. This contribution analyzes the thermo-mechanical response of the device considering two cases: an accidental beam impact scenario and another accidental scenario with complete failure of the RFcontacts. In addition, this paper presents the preliminary results from the simulation of the energy deposited by the two counter-rotating beams circulating in the device

The Collateral Source Rule in Contract Cases

The issue in a collateral source case is: should contract damages be reduced by the amount of payments that the wronged party has received from a third party such as an insurer? This kind of question arises most frequently in tort cases involving property damage, personal injuries, or death, where a doctrine known as collateral source rule has evolved. Under this rule, except where changed by statute, damages assessed against a tortfeasor generally are not diminished by any payments received by the injured party from medical insurance, pension and disability plans, or any sources other than the tortfeasor or the tortfeasor\u27s insurer. Similar questions arise in contract law. Despite this, many cases state that the collateral source rule does not apply to cases of breach of contract. The case law is replete with dicta to the effect that the collateral source rule had no application in contract cases, although actual holdings to that effect are few. The answers to two questions dominate the results: first, did the contract breaker provide the consideration?; and second, is the collateral source subrogated to the plaintiff\u27s recovery