To What Extent Does the Principle of Good Faith Play in English Contra Research Paper

To What Extent Does the Principle of Good Faith Play in English Contract Law, and French Contract Law - Research Paper Example In this context, Collins (1994, 230) stated that â€Å"the traditional solution for international transactions invokes the choice of law rules of private international law; under these rules, now codified by the Rome Convention, the parties to a contract are free to select the governing law, and in the absence of an express choice, the default rule applies the law which is most closely connected to the transaction†. In other words, the law applicable in a specific contract is decided primarily by the parties of this contract and only in cases that no special provision exists, then this issue is resolved directly by the relevant legal provisions referring to jurisdiction in cases of international transactions. The examination of the validity and the content of a contract has been traditionally an issue of primary importance for countries of civil law. For common law countries, the above issues are also extensively examined by the courts. In this context, the study of Beatson et al., (1997, 14) showed that â€Å"once the contract passes the test of initial validity, the control of its terms on the ground of unfairness becomes problematical since it is in direct conflict with the notion of freedom of contract; nevertheless, the law has for centuries possessed tools that could be utilized in order to exercise such control, notably the doctrine of public policy and the equitable rules against penalty and forfeiture; the doctrine of good faith provides another important tool for the control of contractual terms and their application; the doctrine has long been recognized by continental law; recently it has been gradually absorbed by a number of common law jurisdictions†. In accordance with the above researcher, the doctrine of ‘good faith’ is not broadly used in common law countries but only in cases where its application is inevitable taking into account the circumstances of a specific country and the behaviour of the parties involved. As pointed out by Summers (1968, 198) ‘Without a principle of good faith, a judge might, in particular cases, be unable to do justice at all, or he might be able to do it only at the cost of fictionalizing existing legal concepts and rules, thereby snarling up the law for future cases; in begetting snarl, fiction may introduce inequity, unclarity or unpredictability; in addition, fiction can divert analytical focus or even cast aspersions on an innocent party’.     

Terrorism Response Strategy Essay Example | Topics and Well Written Essays - 1250 words

Terrorism Response Strategy - Essay Example When the preparatory actions are completed, the squad is ready for action. Since the toxins are unknown, the squad must wear the proper protection, i.e. PPE (personal protective equipment) lv.1 or A. This is the maximum level of protection. PPE can be used for site surveys, for emergency rescue, hazardous mitigation, and decontamination and for monitoring or supervising situations. There various levels of PPE depending on the situation. Level A PPE consists of vapor protective suit with pressure demand, full-face mask, inner chemical-resistant gloves and chemical resistant safety boots. This provides the best protection for eyes, skin and lungs from solid, liquid and gaseous material. Since there are bio-toxins involved, one has to add oxygen tanks to the suit, to avoid inhale outer air.Here now begins the scouting in the bomb site. The first objective of the scouting is not to find injured persons or forensic evidence, but to find a secondary exit point. This is very important if th ere is secondary explosion, or another disaster like a building falling, etc. Sampling is a very important step to determine what type of toxins if present. The step is to determine is the air is free from chemicals, by taking preliminary tests. The protocol is fast and easy to perform. A sample is first collected on two chemically treated swabs provided with the kit then each swab is immersed in a solution that produces a color change within five minutes only if the agent being tested for is present.... Here now begins the scouting in the bomb site. The first objective of the scouting is not to find injured persons or forensic evidence, but to find a secondary exit point. This is very important if there is secondary explosion, or another disaster like a building falling, etc. Sampling is a very important step to determine what type of toxins if present. The step is to determine is the air is free from chemicals, by taking preliminary tests. The protocol is fast and easy to perform. A sample is first collected on two chemically treated swabs provided with the kit then each swab is immersed in a solution that produces a color change within five minutes only if the agent being tested for is present. Then one has a sheet to compare the results and see what type of toxins is present in the air. Simple triage identifies which persons need advanced medical care. In the field, triage also sets priorities for evacuation to hospitals. Deceased are left where they fell, covered if necessary; note that in S.T.A.R.T. a person is not triaged "deceased" unless they are not breathing and an effort to reposition their airway has been unsuccessful. Immediate or Priority 1 (red) evacuation by MEDEVAC if available or ambulance as they need advanced medical care at once or within 1 hour. These people are in critical condition and would die without immediate assistance. Delayed or Priority 2 (yellow) can have their medical evacuation delayed until all immediate persons have been transported. These people are in stable condition but require medical assistance. Minor or Priority 3 (green) are not evacuated until all immediate and delayed persons have been evacuated. Continue to re-triage in