Judicial Attitudes toward Specific Performance of Construction Contracts

Specific performance has long been recognized in contract law as the fundamental alternative to monetary relief, when such relief is deemed inadequate. Historically, however, the general rule has been to deny decrees for specific performance when a contract to construct or repair is involved. Reasons traditionally advanced for these denials include the availability of damages as an adequate remedy at law, the lack of sufficient contractual details necessary to fashion a meaningful decree, and the practical difficulties underlying supervision of the contract by the court. Some modern courts, on the other hand, have suggested that the difficulties envisioned by the traditionalist courts are more imagined than real, and have routinely granted specific performance even when rather complex building contracts are at issue. This article will explore the development of these two conflicting approaches and the rationales advanced to support them. Following an examination of the relevant historical context which shaped the traditionalist approach into its present form, the methods and reasoning of both views will be analyzed with the objective of determining which is more properly suited to serve the needs of a highly industrialized modern society. To the extent that the roots of the traditionalist approach are grounded in the history of the High English Court of Chancery, the concerns advanced during that period as reasons to deny specific performance of construction contracts are largely without foundation today. This article will conclude, therefore, that a more liberalized view toward construction contracts and specific performance is both warranted and desirable in order to serve more adequately and efficiently the needs of an increasingly complex society

Prisoner's Dilemma cellular automata revisited: evolution of cooperation under environmental pressure

We propose an extension of the evolutionary Prisoner's Dilemma cellular automata, introduced by Nowak and May \cite{nm92}, in which the pressure of the environment is taken into account. This is implemented by requiring that individuals need to collect a minimum score $U_{min}$, representing indispensable resources (nutrients, energy, money, etc.) to prosper in this environment. So the agents, instead of evolving just by adopting the behaviour of the most successful neighbour (who got $U^{msn}$), also take into account if $U^{msn}$ is above or below the threshold $U_{min}$. If $U^{msn}<U_{min}$ an individual has a probability of adopting the opposite behaviour from the one used by its most successful neighbour. This modification allows the evolution of cooperation for payoffs for which defection was the rule (as it happens, for example, when the sucker's payoff is much worse than the punishment for mutual defection). We also analyse a more sophisticated version of this model in which the selective rule is supplemented with a "win-stay, lose-shift" criterion. The cluster structure is analyzed and, for this more complex version we found power-law scaling for a restricted region in the parameter space.Comment: 15 pages, 8 figures; added figures and revised tex

Distinguishing the opponents in the prisoner dilemma in well-mixed populations

Here we study the effects of adopting different strategies against different opponent instead of adopting the same strategy against all of them in the prisoner dilemma structured in well-mixed populations. We consider an evolutionary process in which strategies that provide reproductive success are imitated and players replace one of their worst interactions by the new one. We set individuals in a well-mixed population so that network reciprocity effect is excluded and we analyze both synchronous and asynchronous updates. As a consequence of the replacement rule, we show that mutual cooperation is never destroyed and the initial fraction of mutual cooperation is a lower bound for the level of cooperation. We show by simulation and mean-field analysis that for synchronous update cooperation dominates while for asynchronous update only cooperations associated to the initial mutual cooperations are maintained. As a side effect of the replacement rule, an "implicit punishment" mechanism comes up in a way that exploitations are always neutralized providing evolutionary stability for cooperation

Nonequilibrium phase transition in a model for social influence

We present extensive numerical simulations of the Axelrod's model for social influence, aimed at understanding the formation of cultural domains. This is a nonequilibrium model with short range interactions and a remarkably rich dynamical behavior. We study the phase diagram of the model and uncover a nonequilibrium phase transition separating an ordered (culturally polarized) phase from a disordered (culturally fragmented) one. The nature of the phase transition can be continuous or discontinuous depending on the model parameters. At the transition, the size of cultural regions is power-law distributed.Comment: 5 pages, 4 figure

Critical behavior in an evolutionary Ultimatum Game

Experimental studies have shown the ubiquity of altruistic behavior in human societies. The social structure is a fundamental ingredient to understand the degree of altruism displayed by the members of a society, in contrast to individual-based features, like for example age or gender, which have been shown not to be relevant to determine the level of altruistic behavior. We explore an evolutionary model aiming to delve how altruistic behavior is affected by social structure. We investigate the dynamics of interacting individuals playing the Ultimatum Game with their neighbors given by a social network of interaction. We show that a population self-organizes in a critical state where the degree of altruism depends on the topology characterizing the social structure. In general, individuals offering large shares but in turn accepting large shares, are removed from the population. In heterogeneous social networks, individuals offering intermediate shares are strongly selected in contrast to random homogeneous networks where a broad range of offers, below a critical one, is similarly present in the population.Comment: 13 pages, 7 figure

Algebraic Characterization of Vector Supersymmetry in Topological Field Theories

An algebraic cohomological characterization of a class of linearly broken Ward identities is provided. The examples of the topological vector supersymmetry and of the Landau ghost equation are discussed in detail. The existence of such a linearly broken Ward identities turns out to be related to BRST exact antifield dependent cocycles with negative ghost number.Comment: 30 pages, latex2e file, subm. to Journ. of Math. Phy

Residential segregation and cultural dissemination: An Axelrod-Schelling model

In the Axelrod's model of cultural dissemination, we consider mobility of cultural agents through the introduction of a density of empty sites and the possibility that agents in a dissimilar neighborhood can move to them if their mean cultural similarity with the neighborhood is below some threshold. While for low values of the density of empty sites the mobility enhances the convergence to a global culture, for high enough values of it the dynamics can lead to the coexistence of disconnected domains of different cultures. In this regime, the increase of initial cultural diversity paradoxically increases the convergence to a dominant culture. Further increase of diversity leads to fragmentation of the dominant culture into domains, forever changing in shape and number, as an effect of the never ending eroding activity of cultural minorities

Freezing and Slow Evolution in a Constrained Opinion Dynamics Model

We study opinion formation in a population that consists of leftists, centrists, and rightist. In an interaction between neighboring agents, a centrist and a leftist can become both centrists or leftists (and similarly for a centrist and a rightist). In contrast, leftists and rightists do not affect each other. The initial density of centrists rho_0 controls the evolution. With probability rho_0 the system reaches a centrist consensus, while with probability 1-rho_0 a frozen population of leftists and rightists results. In one dimension, we determine this frozen state and the opinion dynamics by mapping the system onto a spin-1 Ising model with zero-temperature Glauber kinetics. In the frozen state, the length distribution of single-opinion domains has an algebraic small-size tail x^{-2(1-psi)} and the average domain size grows as L^{2*psi}, where L is the system length. The approach to this frozen state is governed by a t^{-psi} long-time tail with psi-->2*rho_0/pi as rho_0-->0.Comment: 4 pages, 6 figures, 2-column revtex4 format, for submission to J. Phys. A. Revision contains lots of stylistic changes and 1 new result; the main conclusions are the sam