Intentional Breach Research Articles

Agreements on Release of Contractual Liability of Entrepreneurs in Russia and China

This article is devoted to a comparative analysis of the provisions of the civil codes of the Russian Federation and the People’s Republic of China regulating the conclusion of agreements on the release or limitation of civil liability. In the context of active trade and economic cooperation between Russia and China, the issues of proper fulfillment of contractual obligations by each of these partners are placed at the forefront of the negotiations. However, the parties may, by means of an agreement between them, provide for cases of exemption from liability in order to minimize their risks from entrepreneurial activity. The authors of this article explore the legal nature and conditions for the conclusion of such agreements, as well as examine the essence of agreements on the release or limitation of liability for an intentional breach of obligation or as a result of gross negligence. A comparative analysis of the provisions of Russian and Chinese civil law leads the authors to conclude that there is a significant similarity in the legal regulation of agreements on exemption from liability for breach of contractual obligations due to the influence of European civil law In addition, the limits of establishing contractual conditions regarding limitations and exemption from liability in accordance with the principle of freedom of contract are examined. Furthermore, the article discusses the recent changes and modifications to the civil laws of Russia and China. These improvements can be used by business partners of the Russian Federation and the People’s Republic of China who are engaged in trade and economic cooperation with these countries when concluding and executing agreements. The results of this study can also be used to study the problems surrounding exemptions from civil liability in contractual obligations in order to further improve the legislation.

Compensation of Moral Damage in Property Crimes

For a long time, the practice of criminal proceedings was based on the approach in which the moral damage in property crimes was not recognized by the bodies of preliminary investigation as a reason for civil law claims to compensate such damage as resulting from the crime. The conducted analysis of the opinions of different scholars showed that the overwhelming majority of proceduralists support the possibility of compensating moral damage in property crimes. The author pays special attention to a criminal case of fraud with intentional breach of contract in the sphere of entrepreneurship, where the bodies of preliminary investigation refuse to recognize the founder of the company that suffered property damage as the victim, and where the rights of the injured organization are represented by a bankruptcy trustee supervising the bankruptcy of the company. Using the decisions of the Constitutional Court of the Russian Federation on this problem, and the decrees of the Plenary Session of the Supreme Court of the Russian Federation, the author concludes that the procedural interest of the founder of the organization liquidated during criminal proceedings, and acting as the injured organization in the criminal case, consist in obtaining an independent procedural status of a victim, which gives this person an opportunity to actively participate in criminal prosecution, directly protect the rights and lawful interests or the injured organization alongside the bankruptcy trustee, and bring a civil action for the compensation of moral damage caused by the crime.

Symmetric Key-Based Secure Storage and Retrieval of IoT Data on a Semi-trusted Cloud Server

The storage of data in the cloud is critical for business and private users to protect their assets from any physically accessible and easily breakable hard disk. An important issue for cloud services is the privacy of the stored data at risk of a breach following an attack or the possibility that the cloud service provider may be tempted to sell data under their control to third parties. Therefore, we need to ensure that data we share or store in the cloud are totally protected from any intentional or unintentional security breach, whether it is related to confidentiality, integrity or authentication. In this paper, we consider the scenario of data coming from small and constrained devices to be stored in the cloud server, whereas the device owner is responsible for the authorization and management of the access control of the data requestors. After approval of the request, the owner provides a re-encryption key to the cloud server in order to make the data readable for the requestor. At no stage in the process, the server is able to retrieve the original sensor data. To guarantee optimal efficiency at the sensors’ side, the operations in the scheme are limited to symmetric key based mechanisms like xoring and encryption, as opposed to existing work where re-encryption algorithms rely on public key-based operations.

Compartmentalization: An Open Technique for Frontal Sinus Repair and Preservation-Description of Technique and Early Case Series.

Background Cranialization or obliteration is widely accepted intervention for traumatic or intentional breach of the frontal sinus. These techniques, however, result in the loss of frontal sinus function and have a persistent risk of cerebrospinal fluid (CSF) leak and mucocele. Compartmentalization is an open technique for repair of the frontal sinus using allograft onlay and a vascularized periosteal flap that allows for preservation of frontal sinus function. Objective The main objective of this article is to describe the technique for compartmentalization of the frontal sinus and demonstrate its efficacy and complication rate with an early patient series. Methods Our technique includes the following key components: harvesting of a pedicled periosteal flap, frontal sinus repair through a bifrontal craniotomy with minimal mucosa removal, ensuring the patency of the nasal frontal outflow tract, and separation of the brain from the frontal sinus with a dual layer of periosteum and allograft. All cases of frontal sinus repair using the compartmentalization technique at our institution were reviewed. Charts were reviewed for CSF leak, mucocele, and other complications. Results Twenty-three patients underwent the described frontal sinus repair technique 17 for tumor and 6 for trauma. There were no CSF leaks and no mucoceles. One patient experienced postoperative anemia and a "parameningeal reaction" that were managed with a short course of antibiotics. Conclusions Compartmentalization, due to its sinus preservation and low complication rate, represents a meaningful step forward in neurosurgical technique for open frontal sinus repair. However, long-term outcomes are necessary to fully evaluate risk of mucocele.

Psychological contract, job satisfaction, commitment, and turnover intention: Exploring the moderating role of psychological contract breach in National Collegiate Athletic Association coaches

This study examined the relationship between psychological contract and three work attitudes, job satisfaction, affective commitment, and turnover intention in a sample of National Collegiate Athletic Association coaches. This study also explored the moderating role of the psychological contract by examining coaches' perceptions of the intentional and unintentional breach. A total of 383 coaches responded to the survey that included items in the transactional and relational psychological contract, job satisfaction, affective commitment, and turnover intention. In addition, the sample was split into two groups, intentional breach and unintentional breach based on their responses to a single question regarding the perceived breach status. Results revealed that the transactional contract had a positive influence on job satisfaction and a negative influence on affective commitment. On the other hand, the relational contract had positive influences on both job satisfaction and affective commitment. Job satisfaction had a positive influence on affective commitment, which negatively led to turnover intention, while affective commitment had no significant influence on turnover intention. A multi-group analysis was conducted to test whether the psychological contract breach moderated the paths in the hypothesized model. The paths from transactional contract to satisfaction and commitment as well as from satisfaction to turnover intention were moderated by the psychological contract breach. The transactional contract–job satisfaction relationship was meaningful for the unintentional breach group, while the transactional contract–affective commitment relationship was stronger with the intentional breach group. The job satisfaction–turnover intention relationship was stronger with the intentional breach group than with the unintentional breach group.

Qualification of negligent homicide in the practice of the Supreme Court of Lithuania

Straipsnyje analizuojami tam tikri neatsargaus gyvybės atėmimo kvalifikavimo klausimai, susiję su neatsargaus gyvybės atėmimo atribojimu nuo nužudymo ir nelaimingo atsitikimo. Tiek baudžiamosios teisės moksle, tiek teismų praktikoje nėra vieningos nuomonės dėl neatsargaus gyvybės atėmimo, kaip nusikaltimo, atribojimo nuo nelaimingo atsitikimo (kazuso). Nemažai problemų teismų praktikoje kyla, kai neatsargų gyvybės atėmimą reikia atskirti nuo tyčinio gyvybės atėmimo, t. y. nužudymo. Šiuo klausimu keičiasi ir teismų praktika. Ilgą laiką kelių eismo taisyklų pažeidimas, sukėlęs nukentėjusiojo mirtį, neatsižvelgiant į taisyklių pažeidimo pobūdį, buvo vertinamas kaip neatsargus gyvybės atėmimas ir buvo taikomas specialus baudžiamojo įstatymo straipsnis, numatantis baudžiamąją atsakomybę už kelių eismo taisyklų pažeidimą. Pastaruoju metu toks požiūris kinta, ir tie atvejai, kai nukentėjusysis miršta dėl itin šiurkščių, tyčinių kelių eismo taisyklų pažeidimų, teismų praktikoje jau pripažįstamas nužudymu. Autoriai šiame tyrime nagrinėja aktualiausią Lietuvos Aukščiausiojo Teismo praktiką, kurioje sprendžiami neatsargaus gyvybės atėmimo atskyrimo nuo nužudymo ir nelaimingo atsitikimo klausimai. Tai daroma siekiant nustatyti pagrindines normų, numatančių atsakomybę už neatsargų gyvybės atėmimą, aiškinimo ir taikymo problemas, pasiūlyti jų sprendimo būdus.

A LANGUAGE GAME WITH PRECEDENT PHENOMENA

This paper is devoted to a language game with precedent phenomena. By precedent phenomena the authors mean well-known texts, easily recognized and reproduced in the minds of native speakers. This paper describes precedent phenomena of a phraseological level such as set expressions, idioms, proverbs. These elements are often transformed to draw the addressee’s attention and serve as the basis for creating a language game. A language game refers to the intentional breach of habitual use of words and set expressions which demonstrates the author’s creative ability to deviate from the normative and stereotypical use. The purpose of this deviation is to express the additional denotative and connotative meanings. The materials of the research include texts of modern fictional prose, mass media and advertisements. The methods of contextual, semantic and structural analysis were used to discover the types of precedent phenomena transformation. The main types of precedent phenomena transformations include the following: 1) change of size of a precedent phenomenon; 2) change of structure of a precedent phenomenon; 3) formation based on an analogy, according to a commonly known model; 4) transformation of elements of set expressions without replacing them; 5) transformation of meaning based on polysemy and homonymy of elements. The given types of transformation specify and specialize semantically the original set expressions, proverbs, phraseological units to fit them into a certain situation. It is the author’s individual interpretation that the transformed set expressions, phraseological units and proverbs acquire emotional-evaluative connotations, produce additional influence effects on the reader and convey a wide range of emotions.

The Consequences of Overstating Fuel Economy

Economic analysis of law is applied to various models derived from a recent breach of contract by Hyundai Motor Company (Co.), which overstated the fuel economy of its Elantra model. The paper explores appropriate damages for breach of contract by Hyundai in hypothetical cases involving either intentional or unintentional breach. Depending on the specific scenario, losses may or may not be recoverable. A variety of ways are explored in which to calculate damages that serve to make customers whole.

Nod2 deficiency is associated with an increased mucosal immunoregulatory response to commensal microorganisms.

On the basis of previous studies demonstrating that a breach of the colonic epithelial barrier is associated with a microbiota-dependent increase in lamina propria (LP) regulatory cells, we investigated if the lack of spontaneous intestinal inflammation observed in nucleotide-binding oligomerization domain 2 (Nod2)-/- mice was due to enhanced intestinal regulatory function. We found that the LP CD4+ T-cell population of Nod2-/- mice contains an increased percentage of CD4+ regulatory T cells bearing transforming growth factor -β/latency peptide (LP CD4+LAP (latency-associated peptide) + T cells) both under baseline conditions and following an intentional breach of the colonic barrier induced by ethanol administration. In addition, we found that Nod2-/- mice manifest decreased severity of 2,4,6-trinitrobenzene sulfonic acid (TNBS)-colitis and that TNBS-colitis in Nod2-/- or Nod2+/+ mice is ameliorated by adoptive transfer of LP cells from ethanol-treated mice before, but not after, depletion of LAP+ T cells. This increased regulatory T-cell response in Nod2-/- mice could explain why NOD2 polymorphisms in humans are not in themselves sufficient to establish inflammatory lesions.

Privatised Torture: Reflections on the Implications for Human Rights Law of the Emergent Phenomenon of Out-Sourced Torture

This paper, delivered as part of the Scrymgeour Lecture series of Dundee Law School, addresses the phenomenon of the use of private entities (airline companies and air traffic logistics companies) in the transportation of suspected terrorists for interrogation and torture (‘extraordinary rendition’). In addressing this phenomenon from the perspective of international human rights law, the paper makes both normative and practical arguments. Normatively it is claimed that the use of private entities for the purposes of concealment of activity and in the attempt to minimise liability in the event of suit reveal a position termed ‘ontological acceptance: intentional breach’ by the United States towards the absolute prohibition of torture in international law. It is argued that the normative core of the prohibition is sound, but that the gap between norm and enforcement is exacerbated by the use of private entities. The final part of the paper argues for an approach to enforcement that addresses both the public and the private through law and regulatory mechanisms.

Moral Judgment and Moral Heuristics in Breach of Contract

Most people think that breaking a promise is immoral, and that a breach of contract is a kind of broken promise. However, the law does not explicitly recognize the moral context of breach of contract. Using a series of web‐based questionnaires, we asked subjects to read breach of contract cases and answer questions about the legal, financial, and moral implications of each case. Our results suggest that people are quite sensitive to the moral dimensions of a breach of contract, especially the perceived intentions of the breacher. In the first study, we framed the motivation for a contractor's breach as either the chance to make more money or the chance to avoid losing money. Subjects were more punitive when the motivation appeared to be greed (breach to gain) than when the motivation appeared to be fear (breach to avoid loss). In the second study, we manipulated the timing of the negotiation over damages, comparing cases in which the promisor asks to negotiate damages before definitively breaching (as in a liquidated damages clause) with cases in which the breach has already occurred. We predicted that once the contract is breached, the moral violation becomes very salient, and we found that subjects were more punitive when setting damages ex post than ex ante. Finally, results from the third study suggest that subjects believe that intentionally breaking a contractual promise is a punishable moral harm in itself. When presented with identical losses, one from an intentional breach of contract and the other from a negligent tort, subjects were more punitive toward the breacher than the negligent tortfeasor. They treated willful breach as an intentional harm.

Characterization of the Atmosphere within Vapor-Resistant Encapsulating Personal Protective Equipment during Treadmill Exercise

AbstrastBackground. Hazardous materials technicians may be required to wear fully encapsulated vapor-resistant (Level A) personal protective equipment (PPE) to contain and mitigate a hazardous materials emergency. It is commonly taught and practiced in hazardous material technician courses that if the wearer's self-contained breathing apparatus (SCBA) fails, the technician can remove the SCBA face piece and breathe the in-suit expired air while exiting the incident or awaiting rescue. Objective. To determine the composition of expired air present within an encapsulating suit during exercise. Methods. Subjects (n = 4) walked on a motor-driven treadmill (3.2 km·h–1) for 30 minutes while wearing encapsulating PPE and SCBA. Oxygen (O2) and carbon dioxide (CO2) levels within the PPE were monitored. Subject vital signs and end-tidal CO2 (EtCO2) were continuously monitored. After treadmill exercise, rescue air from an external source was introduced into the suit. Results. Mean oxygen levels inside the PPE fell below the Occupational Safety and Health Administration (OSHA) definition of oxygen-deficient environment (< 19.5% O2) after 2 minutes of treadmill walking and were below 17% at the end of 30 minutes. Carbon dioxide levels inside the PPE exceeded 3% in all subjects by the end of the exercise protocol. Rapid return to a room-air composition of oxygen and CO2 within the suit was accomplished with introduction of positive-pressure air from an alternate external air source. Conclusion. A toxic atmosphere is rapidly created within fully encapsulating PPE during treadmill exercise of moderate intensity. Breathing the expired air within the PPE cannot be recommended during technician training. Application of an external air source to flush the suit can return the PPE atmosphere to safe limits, but requires an intentional suit breach to accomplish.

Indirect integrity testing on a pilot-scale UF membrane

As the use of membranes as the main unit operation within potable water treatment plants increases, methodologies to monitor membrane integrity has become a vital issue for the drinking water industry. This study evaluated the two most commonly used indirect integrity test procedures, namely particle counting and turbidity measurements, on permeate. A pilot-scale UF membrane module was intentionally operated under challenge conditions, defined as operation of the pilot-scale module for extended periods past the manufacturer's recommended run time. Indirect integrity test methodologies were evaluated on the intentionally compromised system to determine the capabilities of these monitoring procedures in detecting individual fibre pinholes. Both indirect test procedures failed to detect the intentional breach within the membrane operating system that occurred as a result of the challenge operating conditions. Dissolved organic carbon (DOC) and colour measurements were evaluated to determine their capability as potential alternative indirect integrity test procedures, and showed promising results in their ability to identify a significant increase in the concentration of dissolved contaminants within the permeate stream. In particular, there was a 150% increase, from 3.2 ± 0.4 mgl -1 to 7.9 ± 1.8mgl -1 in DOC during the challenge trial when 1% of the membrane fibres were compromised, while turbidity measurements were constant at 0.20 ± 0.04 NTU. This study demonstrates the need for robust on-line or rapid indirect test methodologies for monitoring membrane integrity in the drinking water industry.