An empirical analysis of the status of good faith in contractual performance: the Australian experience

This thesis examines the concept of good faith in contractual performance as an important element in Australian contract law. The research begins with an empirical investigation of the extent of judicial support for an obligation of good faith in contract law since it was first put onto the judicial agenda in Australia by the case of Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234 through the obiter comments of Priestley J in 1992. The research continues with an empirical investigation of the meaning of good faith. There are many possible interpretations of the meaning of good faith, most of which are complex, contradictory, and unclear, which has led to undesirable uncertainty in the concept of good faith. The research then critically evaluates the possibility of legislating an obligation of good faith in contractual performance. 104 Australian cases from 1992 to 2009 that raised the issue of good faith were identified. The study period was divided into three phases; ‘Introduction Phase 1992- 1998’, ‘Development Phase 1999-2003’, and ‘Consolidation Phase 2004-2009’. These phases are examined for trends and development of the concept. A four Likerttype scale was used to access the attitude of the judges regarding the concept of good faith. In order to measure the validity and reliability of the data, the ‘average’ and ‘standard deviation’ is used in this study. The empirical observation concluded that there is still inconsistency of support from judges towards the issue of good faith. A rigorous thematic analysis of the meaning of good faith was conducted to propose a workable meaning of good faith. Despite the traditional reservations arising from uncertainty associated with the many meanings of good faith, an empirical analysis concluded that a workable meaning of good faith could be achieved by way of ‘multi-categories’. The previous Australian government accepted the recommendation to legislate good faith in the context of franchising to regulate the unethical behaviour of franchisors toward franchisees. In the context of franchising, good faith is legislated by way of ‘non-discretionary reference criteria’ as prescribed in S 22 of Australian Consumer Law. The development of good faith in the context of franchising offers a valuable opportunity for legislating good faith in contractual performance. Overall, this thesis argues that in the absence of a High Court decision regarding the application and meaning of good faith in contract law, there is scope for legislating a good faith obligation by defining good faith. This thesis suggests that good faith can be defined by way of ‘multi -categories’

Tobacco extract-based biopesticide from cigarette butt waste for corn plants (Zea mays L.)

Cigarette butt waste can be used for biopesticides for environmentally friendly agricultural activities. Biopesticides cigarette can be produced by conducting a maceration extraction test using polar, non-polar, and semi-polar compounds and conducting a Mass Spectrometer Chromatography (GC-MS) test. This study aims to determine the effectiveness of bio-pesticide based on tobacco extract from cigarette butt waste for maize (Zea mays L.)". The highest yield value was the ethanol sample of 1.208%, compared to the N-hexane sample of 0.25% and the DCM sample of 0.6%. For the comparison of solvents used were 500 ml of ethanol, 250 ml of N-hexane, and 250 ml for DCM as well. After conducting the GC-MS test, the compounds obtained are alkaloid compounds, phenolic compounds, sesquiterpenoid compounds, and terpenoid compounds, each of which has benefits as a pest control or deterrent to plants. For the effectiveness test results on Corn (Zea mays L.), there was no intensity of pest attack on the ethanol sample, N-hexane sample, and DCM sample. In contrast, there was a pest attack intensity of 0.3% for the control sample. Therefore, the Biopesticides studied are similar to synthetic pesticides because they can eradicate pests and make growth effective faster

The Effect of the E-Module-Assisted Guided Inquiry Model through Student Learning Outcomes in Substance Pressure Material

This research aims to analyze the influence and increase in student learning outcomes using the guided inquiry model assisted by e-modules through the Professional Flip PDF application on substance pressure material. The research used a quasi-experimental method with a two-group pretest-posttest design. The sampling technique uses random cluster sampling. The research sample consisted of two classes, namely the VIII-4 experimental class with 31 students and the control class VIII-2 with 29 students. The research instrument uses a learning outcomes test instrument with 20 multiple-choice questions. The results of the pretest mean value of the experimental class were 47.41 with a standard deviation of 9.02, and the average value of the control class was 41.03 with a standard deviation of 8.80. The results of learning through hypothesis testing obtained tcount> ttable (6.59 <1671) so that Ha is accepted and rejects Ho. In conclusion, there is an influence of the assisted guided inquiry model e-module on student learning outcomes on material pressure material

Pengalaman serta persepsi bapa yang menemani pasangan mereka ketika proses pelahiran di HUSM

Kajian ini dijalankan bertujuan untuk meninjau pengalaman serta persepsi kaum bapa semasa menemani pasangan mereka bersalin di Dewan Bersalin Hospital Universiti Sains Malaysia, Kubang Kerian, Kelantan. Objektif kajian ialah untuk mengetahui perasaan yang dialami oleh mereka sepanjang tempoh tersebut dan persepsi mereka terhadap sokongan daripada anggota kesihatan serta mengenal pasti keperluan mereka untuk menghadapi proses pelahiran. Kajian telah dijalankan selama sebulan dan melibatkan 40 bapa yang merupakan pasangan kepada ibu primid (15 orang bapa) dan bukan primid (25 orang bapa). Umur bapa yang terlibat ialah antara 22 hingga 53 tahun dengan puratanya 33. 0. Latarbelakang pendidikan mereka berbeza iaitu lepasan ijazah/diploma, pendidikan menengah dan tamat sekolah rendah. Kajian ini menggunakan borang soal-selidik dengan soalan berstruktur dan tertutup berdasarkan skala Likert 5. Soalan dibentuk berdasarkan semakan kajian terdahulu dan memberi maklumat berkaitan data demografi, perasaan yang dialami, persepsi dan keperluan bapa. Data dianalisis menggunakan kaedah diskriptif untuk melihat frekuensi dan purata dengan parisian komputer SPSS. Keputusan daripada kajian ini menunjukkan hampir keseluruhan bapa tanpa mengira primid atau bukan primid, mengalami perasaan kebimbangan dan juga merasa tertekan sepanjang tempoh tersebut. Walau bagaimanapun, kesemua respondan mengatakan mereka merasa berpuashati kerana dapat memberi sokongan kepada pasangan dan berkongsi pengalaman kelahiran bayi mereka. Dari segi persepsi, daripada kajian ini didapati kebanyakan bapa mengatakan kurang atau tidak mendapat panduan atau tunjuk ajar kaedah membantu pasangan ketika proses pelahiran daripada anggota kesihatan. Mereka juga tidak dilibatkan dalam membuat keputusan berkaitan rawatan pasangan dan hampir keseluruhan mengatakan tidak diberi penerangan tentang kepentingan prosedur yang dijalankan. Tetapi kebanyakan bapa bersetuju yang mereka telah diberi maklumat tentang perkembangan proses pelahiran pasangan oleh anggota kesihatan. Hampir semua bapa mengatakan bahawa mereka memerlukan program atau kelas khas sebagai persediaan awal untuk menghadapi proses pelahiran. lmplikasi daripada kajian ini ialah, kaum bapa ingin melibatkan diri dengan proses pelahiran pasangan mereka tetapi memerlukan kelas prenatal atau program yang seumpamanya sebagai persediaan dan memerlukan panduan dan sokongan daripada anggota kesihatan ketika menghadapi proses pelahiran

Tobacco extract-based biopesticide from cigarette butt waste for corn plants (Zea mays L.)

Cigarette butt waste can be used for biopesticides for environmentally friendly agricultural activities. Biopesticides cigarette can be produced by conducting a maceration extraction test using polar, non-polar, and semi-polar compounds and conducting a Mass Spectrometer Chromatography (GC-MS) test. This study aims to determine the effectiveness of bio-pesticide based on tobacco extract from cigarette butt waste for maize (Zea mays L.)". The highest yield value was the ethanol sample of 1.208%, compared to the N-hexane sample of 0.25% and the DCM sample of 0.6%. For the comparison of solvents used were 500 ml of ethanol, 250 ml of N-hexane, and 250 ml for DCM as well. After conducting the GC-MS test, the compounds obtained are alkaloid compounds, phenolic compounds, sesquiterpenoid compounds, and terpenoid compounds, each of which has benefits as a pest control or deterrent to plants. For the effectiveness test results on Corn (Zea mays L.), there was no intensity of pest attack on the ethanol sample, N-hexane sample, and DCM sample. In contrast, there was a pest attack intensity of 0.3% for the control sample. Therefore, the Biopesticides studied are similar to synthetic pesticides because they can eradicate pests and make growth effective faster

Reasons For the Permission of Replacement of Wakaf Assets (Istibdal Waqf) in Indonesian Regulations: An Interpretative Study

Government regulations regarding the implementation of istibdal waqf (replacement of waqf assets) aim to ensure the benefit of waqf assets, so they can last longer and be utilized according to their designation. Unfortunately, an explanation of the reasons for the permissibility of istibdal waqf in Government Regulation 42 of 2006 concerning the Implementation of Law No. 41 of 2004 concerning waqf is not found in the regulation. This obscurity can confuse understanding the reasons for the regulation's permissibility of istibdal waqf. This study aims to explain the reasons for the permissibility of istibdal waqf in the regulation. Thus, from the results of this study, a complete understanding can be obtained dealing with the permissibility of istibdal waqf and preventing the emergence of differences in understanding that can harm waqf assets. This research is classified as library research using a legal interpretation approach. This study found that the reason for the permissibility of istibdal waqf in point an in article 49 (2), Government Regulation of the Republic of Indonesia. No. 42 of 2006 concerning the Implementation of Law Number 41 of 2004 concerning Waqf refers to Government Regulation No. 19 of 2021 concerning the Implementation of Land Procurement for Public Interests. At the same time, the explanation for the permissibility of istibdal waqf in point b relates to waqf assets that cannot be used or utilized following the waqf pledge. Furthermore, the permissibility of istibdal waqf in point c relates to waqf assets that can still be used or utilized

Analisis Semiotik Strategi Dakwah Humor Akun Instagram Nunuzoo

Besides Nunuzoo's video account, which is fairly young, Nunuzoo uses social media to preach with the characteristics of humor, even though humor itself is often connoted as a form of ridicule. But Nunu proved that innovation in humor could also be combined in da'wah, with the help of the semiotic theory of Ferdinand de Saussure, analyzed signs and markers on the preaching of humor to be understood by the target mad'u, namely teenagers. This study aims to determine the implementation of da'wah strategies with humor tactics in the Nunuzoo Instagram account, the meaning of da'wah contained in the Nunuzoo Instagram account, and to know the markers and signs in the Nunuzoo Instagram video through semiotic analysis of Ferdinand de Saussure This research is a type of qualitative research, with a semiotic analysis approach modeled by Ferdinand De Saussure, the object of research is a video that was reported in the period of January 2018. The technique of collecting data using observation and documentation. Data analysis techniques using dyanic models with steps: 1.) determine interesting topics; 2.) formulating problems; 3.) determine analysis theory; 4.) classification of analysis results; 5.) and conclusions. The results show that 1.) the Nunuzoo Instagram implements da'wah strategies sensory strategies (al-manhaj al-hissi), rational strategies (al-manhaj al-'aqli), and sentimental strategies (al-manhaj al-athifi) by packaging the three strategies with humor; 2.) Instagram @nunuzoo videos in the period of January 2018, can have meaning or interpretation of signs of da'wah such as optimism, prayer, effort, slang still in accordance with the Shari'a, and competing in goodness; 3.) markers are sounds, images, and graffiti that form words on a page. Whereas the signs are the concepts and meanings of each verbal and nonverbal form of video on @nunuzoo's Instagra

Good Faith in Construction Contract: A Common Law Perspective

The good faith principle requires contracting parties to be honest as well as considering their contracting partners in performing their contractual duties. In the event, contract clauses are insufficient to protect the interests of the innocent party in a breached contract, the said innocent party may rely on the good faith principle to ensure the fair. However, applying good faith principles to construction contracts is a difficult task. By nature, construction contracts are unique due to the fact that parties (Client and Contractor) are presumed competent to carry out their parts of the contractual obligations. Controversially, the construction contract is often unfairly prejudicial as the Client would customarily have the upper hand in deciding the terms and conditions of a contract. It is the objective of the research to examine the relevancy of application of good faith principle in construction contracts by employing qualitative content analysis. This study adopts a qualitative research approach, mainly employing library and internet resources with the intention to explore relevant legislation, textbooks, journals, research papers and articles. The comparative approach in this paper used content analysis from primary and secondary legal resources of different jurisdictions in the United Kingdom, Malaysia and Australia to compare the application of the good faith principle in the context of construction contracts.  The findings of the research reveals that the adoption and application of the good faith principle in construction contracts is of limited usage even though it is widely used in general contract law of United Kingdom, Malaysia and Australia. This article contributes to the knowledge of the good faith principle in construction contracts, particularly with standard form contracts, by highlighting the importance of the good faith principle in achieving a fairer functioning of construction contracts in its application.  

The Application of Good Faith in Contracts During a Force Majeure Event and Beyond with Special Reference to The Covid-19 Act 2020

Many parties face difficulties in performing contracts due to the economic dislocation since the outbreak of COVID-19. The extraordinary nature of this pandemic situation calls for good faith in contractual settings. The discussion of this paper focuses on the imposition in a force majeure event which will cause many contracts to be unenforceable. The research method used doctrinal analysis to discuss the force majeure clause in the context of the COVID-19 pandemic and the obligation of good faith in contracts. This paper will discuss the COVID-19 pandemic as a force majeure event, arguing that the rise of "good faith" in contract law and the application of "good faith" in contracts as a mitigation for a force majeure event. The paper will then present its conclusion and recommendations. The findings highlight the significance of applying "good faith" in the event of force majeure and beyond as a mitigating factor in alleviating uncertainty and unfairness

Disabilities and vulnerabilities

Persons with special needs and disabilities are more likely to experience adverse socioeconomic outcomes such as less education, poorer health outcomes, lower levels of employment, and higher poverty rates. Disable or differently-able people are considered to be the most vulnerable or even in majority of countries as one of the neglected and marginalized segment of our society who are mostly at risk when there is any kind of emergency, disaster, pandemic (such as COVID-19) because of their vulnerability and being at risk. The purpose of the study is to refer and highlight the deprivations of people with disabilities (PWDs) have to face on continuous basis. Although conventions like Convention on the Rights of Persons with Disabilities (CRPD) focuses on the change of attitudes and approaches to persons with disabilities but still there are different disabilities who still do not have equal human rights and fundamental freedoms in the 21st century. We still overlook the needs of people with disabilities during such difficult situations to a large extent. As it is evident from our previous experience since the outbreak of this COVID-19, such pandemics have multidisciplinary problems and issues, especially from a disability perspective, because their effects are partly medical and partly socioeconomic and psychological, and when the end beneficiary or victim is disable then the repercussions are harmful and long-lasting, and such victims are traumatized and psychologically more impacted than the normal humans like us. In terms of responsibility state is the first actor who is responsible to act immediate and take an immediate and necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and 2 the occurrence of natural disasters. Furthermore, PWDs could be multiple challenges when on one hand they are physical/mentally challenged or on the other hand they are poor, uneducated, they sick and frail, and having disadvantages in society, and due to these factors they are at much greater risk when a pandemic arrives. Moreover, such pandemics are indiscriminatory in a sense that almost entire population globally was impacted equally, but again when it comes to cater the special needs of disabled people, we have stay one step ahead so they can feel equally valued and respected. Also, from another angel elderly people are also considered because of their age and dependency of others, as not all elderly people are disabled, but disability becomes more likely with the bodily deteriorations that age can cause. People with disabilities who live alone may suffer isolation and feel anxiety continuously. The elderly may have lost friends and partners, and they may suffer long-term deterioration in their health, leading to disability as a result thereof. Additionally, disabled people have many of the same fears and undergo the same stresses that are experienced by nondisabled people, but they may be dealing with the prospect of more serious consequences. In terms of methodology, content analysis as a qualitative tool was used to analyze different content and its features, such as international conventions and frameworks, evidence based info-graphics, Sustainable Development Goals PiCCWED15, 24 September 2022 Page 25 (SDGs) and charters. With regard to its significance, this research also focuses and considers recent observations and studies suggested and endorsed that that many people with disabilities are good at adapting to adversity and are well aware of the sources of help or emotional support. They may use religion, humour or acceptance to help them cope with such hardships. On the negative side, they may in some cases resort to denial, which enables them to escape from the harsh reality of pandemic restrictions. Other maladaptive coping mechanisms involve substance abuse, detachment, behavioral disengagement, selfblame, guilt and venting. Keywords: PWDs, disability, pandemic, emergency, psychology, anxiet