The good faith principle in contract law and the precontractual duty to disclose: comparative analysis of new differences in legal cultures.

The purpose of this paper is to delineate new similarities and future differences between legal systems, using pre-contractual liability and good faith. Instead of focusing on the differences between common law and civil law, we focus our attention on the gap between Europe, England included, and United States. All over Europe, under the influence of good faith jurisprudence, duty to inform has been extremely broadened. Contemporary debate confirms that European Legal Academia overemphasizes the importance of the quest for central common principles of European private law, like Good Faith and obligation de renseignement, and ignores questions regarding cost-benefit effects of disclosure, parties informational rent seeking and general policy considerations. A stereotyped legal doctrine, concentrating on the influence of EU directives on national legal system and, in some cases, unification as a forthcoming national-positive law can create an undesirable effect in the creation of future case law.

Contamination des eaux souterraines par des pesticides: cartes de risque et d'incertitudes

Une procédure d'évaluation régionale des risques de contamination des eaux souterraines par des pesticides a été développée et appliquée à une partie de la plaine du Rhône valaisanne. La combinaison d'une application stochastique (Monte–Carlo) de modèles déterministes simulant localement le devenir de pesticides et des techniques d'interpolation géostatistique permet d'évaluer également les incertitudes entachant les prédictions effectuées. Les divers types de modèles utilisés (solution analytique et résolution numérique de l'équation de convection-dispersion, modèle capacitif) conduisent en général à des résultats très similaires. Les cartes obtenues montrent que le risque de contamination est très élevé. Les incertitudes sont d'un ordre de grandeur similaire, i.e. ± 0.2-0.3 pour des indices de risque compris dans l'intervalle [0,1]. Ces incertitudes proviennent à raison d'environ 40-50 % des propriétés des pesticides et d'environ 30-40 % de la profondeur de la nappe phréatique, le 20 % restant étant dû aux incertitudes entachant les caractéristiques des sols, essentiellement leurs teneurs en carbone organique.A method to assess groundwater vulnerability to pesticide contamination on a regional scale has been developed and applied to the Rhone river valley in Valais. Uncertainties regarding vulnerability predictions were accounted for by combining local stochastic simulations, i.e. one-dimensional deterministic pesticide fate models used in a Monte–Carlo process, and interpolation by geostatistical tools. Due to the characteristics of the dataset, several preliminary operations were required including:- a statistical analysis of soil sample data to derive a probabilistic relationship between soil classes and hydrodynamic properties, - an estimation of the relevant water table depths at soil profile locations by cokriging the minimal and maximal water table heights measured in neighboring wells, - and an analysis of the climate data provided by two stations located close to the study area. In the Monte–Carlo process, soils were described by the probability density functions of particle size distribution and organic carbon content as derived for each soil class from soil sample data and by an empirical uniform distribution of dispersivity. The parameters of moisture retention curves and hydraulic conductivity versus water content relationships were derived using various pedotransfer functions. Water table depth was described by a uniform distribution within the range defined by its minimum and maximum values while empirical uniform distributions outlined the properties of three generic pesticides. The important spatial variations in climate along the valley were accounted for by linear interpolation between the data from the two stations. The three selected simulation models were an analytical solution of the convection–dispersion equation (attenuation factor), a tipping bucket model (Leach–A) and a numerical solution of the convection–dispersion equation (Leach–M). Model sensitivity analysis using Latin hypercube sampling along with multiple regression showed that pesticide properties (degradation rate, partition coefficient), organic carbon content and water table depth are the most important variables regarding cumulative (10 year) pesticide fluxes to the groundwater. This analysis also stressed the weak effect of soil hydrodynamic characteristics. Besides, the Latin hypercube sampling technique proved to be very effective in reducing the number of simulations required by the Monte–Carlo process to something manageable. The five simulated cases were:1. all uncertainties included, 2. fixed pesticide properties, 3. fixed pesticide properties and water table depth, 4. same as 3 but with empirical distributions for soil characteristics 5. same as 3 but with constant average climate conditions. In all cases, the fractiles of the locally simulated distributions show the same spatial pattern, i.e. all their variograms and cross variograms are proportional to the same model. Due to this intrinsic coregionalization property, interpolation may be achieved by kriging independently the various fractiles rather than by cokriging simultaneously all of them. However, integration of spatial uncertainty by sequential gaussian simulation has not been achieved due to excessive computer lasting. The resulting maps show that groundwater vulnerability is very high. Uncertainties are almost of the same order of magnitude, i.e. ± 0.2 for vulnerability indices ranging within the [0, 1] interval. Uncertainties on pesticide properties and water table depth account each for some 40 % of the resulting uncertainty while the variability in organic carbon content accounts for the remaining 20 %. All model outcomes were quite similar, except in the case of the less persistent pesticide with the attenuation factor. The dominant variables are the degradation rate and the partition coefficient of the pesticide, the organic carbon content of the soil and water table depth. Climate is of course the governing process, but 10 to 20 % variations do not significantly affect the predicted cumulative pesticide fluxes. Availability of soil sample data regarding particle size distribution as well as pedotransfer functions has little effect on the resulting vulnerability assessments

Combination of same-side with opposite-side flavour tagging

A considerable number of CP violation measurements require the most possible accurate knowledge of the flavour at production of the reconstructed $B$ meson. The performance of different flavour tagging methods will be measured from control channels. One of the possible tagging methods that can be used is the one known as $Same Side kaon$. In this note we present how to calibrate the response of the tagging algorithms using the data and combine the result with the so called $Opposite Side tagging$. Also trigger and selection effects are briefly discussed

Flavour Tagging Algorithms and Performances in LHCb

In this note we describe the general characteristics of the LHCb flavour tagging algorithms and summarize the tagging performances on the Monte Carlo samples generated for the Data Challenge 2004 in different decay channels. We also discuss some systematics effects and possible methods to extract the mistag fraction in real data

A conceptual glacio-hydrological model for high mountainous catchments

International audienceIn high mountainous catchments, the spatial precipitation and therefore the overall water balance is generally difficult to estimate. The present paper describes the structure and calibration of a semi-lumped conceptual glacio-hydrological model for the joint simulation of daily discharge and annual glacier mass balance that represents a better integrator of the water balance. The model has been developed for climate change impact studies and has therefore a parsimonious structure; it requires three input times series ? precipitation, temperature and potential evapotranspiration ? and has 7 parameters to calibrate. A multi-signal approach considering daily discharge and ? if available ? annual glacier mass balance has been developed for the calibration of these parameters. The model has been calibrated for three different catchments in the Swiss Alps having glaciation rates between 37% and 52%. It simulates well the observed daily discharge, the hydrological regime and some basic glaciological features, such as the annual mass balance

Refractive index inhomogeneity within an aerogel block

Evaluating local inhomogeneities of the refractive index inside aerogel blocks to be used as Cherenkov radiator is important for a high energy physics experiment where angular resolution is crucial. Two approaches are described and compared. The first one is based on the bending of a laser beam induced by refractive index gradients along directions normal to the unperturbed optical path. The second method exploits the Cherenkov effect itself by shooting an ultra-relativistic collimated electron beam through different points of the aerogel surface. Local refractive index variations result in sizable differences in the Cherenkov photons distribution. © 2005 Elsevier B.V. All rights reserved

Variation in detected adverse events using trigger tools: A systematic review and meta-analysis

Adverse event (AE) detection is a major patient safety priority. However, despite extensive research on AEs, reported incidence rates vary widely.; This study aimed: (1) to synthesize available evidence on AE incidence in acute care inpatient settings using Trigger Tool methodology; and (2) to explore whether study characteristics and study quality explain variations in reported AE incidence.; Systematic review and meta-analysis.; To identify relevant studies, we queried PubMed, EMBASE, CINAHL, Cochrane Library and three journals in the patient safety field (last update search 25.05.2022). Eligible publications fulfilled the following criteria: adult inpatient samples; acute care hospital settings; Trigger Tool methodology; focus on specialty of internal medicine, surgery or oncology; published in English, French, German, Italian or Spanish. Systematic reviews and studies addressing adverse drug events or exclusively deceased patients were excluded. Risk of bias was assessed using an adapted version of the Quality Assessment Tool for Diagnostic Accuracy Studies 2. Our main outcome of interest was AEs per 100 admissions. We assessed nine study characteristics plus study quality as potential sources of variation using random regression models. We received no funding and did not register this review.; Screening 6,685 publications yielded 54 eligible studies covering 194,470 admissions. The cumulative AE incidence was 30.0 per 100 admissions (95% CI 23.9-37.5; I2 = 99.7%) and between study heterogeneity was high with a prediction interval of 5.4-164.7. Overall studies' risk of bias and applicability-related concerns were rated as low. Eight out of nine methodological study characteristics did explain some variation of reported AE rates, such as patient age and type of hospital. Also, study quality did explain variation.; Estimates of AE studies using trigger tool methodology vary while explaining variation is seriously hampered by the low standards of reporting such as the timeframe of AE detection. Specific reporting guidelines for studies using retrospective medical record review methodology are necessary to strengthen the current evidence base and to help explain between study variation

Special Article -Tools for Experiment and Theory Refractive index dispersion law of silica aerogel

Abstract. This paper presents measurements of the refractive index of a hygroscopic silica aerogel block at several wavelengths. The measurements, performed with a monochromator, have been compared with different parameterisations for n(λ), in order to determine the best chromaticity law for the aerogel. This is an important input for design and operation of RICH detectors with silica aerogel radiator

Describing adverse events in medical inpatients using the Global Trigger Tool

AIMS: The purpose of the study was to describe the type, prevalence, severity and preventability of adverse events (AEs) that affected hospitalised medical patients. We used the previously developed and validated Global Trigger Tool from the Institute for Healthcare Improvement.METHODS: Using an adapted version of the Global Trigger Tool, we conducted a retrospective chart review of adult patients hospitalised in five medical wards at a university hospital in Switzerland. We reviewed a random sample of 20 patients' charts for a total study period of 12 months (September 2016 to August 2017). Two trained nurses searched independently for triggers and possible AEs. All AEs were further validated by a senior physician. The number of triggers and AEs detected, as well as the severity and preventability of each, was assessed and analysed using descriptive statistics.RESULTS: From a sample of 240 patient charts, we identified 1371 triggers and 336 AEs in 144 (60%) inpatients. This translates to an AE rate of 95.7 AEs per 1000 patient days. Most AEs (86.1%) caused temporary harm to the patient and required an intervention and/or prolonged hospitalisation. The estimated preventability of the in-hospital AEs was 29%. Healthcare-associated infections (25.8%) and neurological reactions (22.9%) were the most frequent AE types.CONCLUSION: We found that about two thirds of patients suffered from AEs with harm during hospitalisation. It is common knowledge that AEs occur in hospitals and that they have potentially harmful consequences for patients, as well as a strong economic impact. However, to adequately prioritise patient safety interventions, it is essential to explore the nature, prevalence, severity and preventability of AEs. This is not only beneficial for the patients, but also cost effective in terms of shorter hospital stays