Contract Interpretation and Gap Filling PDF Download

Author: Nicole Kornet
Publisher: Intersentia Uitgevers N V
ISBN: 9789050955911
Category : Law
Languages : en
Pages : 485

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Book Description
What happens when contracting parties do not expressly provide for a particular situation in their agreement? Is intervention by the courts or legislature to fill gaps in contracts justified? How should those gaps be filled? This book is unique in the way it combines comparative and theoretical perspectives to provide answers to these questions. From a comparative law perspective, relatively little attention has been given to the different interpretative and gap filling techniques available in different legal systems. A comparison of the approach to contract interpretation and gap filling in England, Germany and the Netherlands is therefore provided in this book. Comparative observations are also made in light of the CISG, PECL and the Unidroit Principles for International Commercial Contracts. This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled. The final part of this book builds on the comparative and theoretical perspectives to develop an interpretative and gap filling strategy that combines responses from contracting parties, the contracting community, the legislature and the courts.

Author: Joseph E. Gaugler
Publisher: Academic Press
ISBN: 012813898X
Category : Psychology
Languages : en
Pages : 496

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Book Description
Bridging the Family Care Gap explores expected future shortages of family caregivers of older persons and identifies potential solutions. The book examines the sustainability and availability of care management models and whether they can be effectively scaled up to meet community needs. It identifies newly emerging policy initiatives at local, state, and federal levels. The book addresses the state of family caregiving science, dissemination and implementation of promising programs and supports, technological innovations, and other strategies to offset the family care gap. This edited volume also explores lay healthcare workers as guides, interpreters, and advocates in healthcare systems that provide continuity of contact for family caregivers. Details threats to family caregiving-sociodemographic, chronic disease, and socioeconomic challenges Presents solutions to the caregiving gap in a systematic, synthesized manner Addresses the intersection of family caregiving and technology Discusses chronic disease management to offset and reduce the need for family caregiving Describes models of caregiver support in work settings Reimagines the delivery of long-term services and supports with novel initiatives

Author: Ayşe Nihan Karadayı Yalım
Publisher:
ISBN: 9781780688084
Category : Commercial law
Languages : en
Pages : 0

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Book Description
This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.

Author: Elbert Willis
Publisher:
ISBN: 9780898580372
Category : Religion
Languages : en
Pages : 148

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Author: Sue Falsone
Publisher:
ISBN: 9781931046664
Category : Performance
Languages : en
Pages : 296

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Book Description
In Bridging the Gap from Rehab to Performance, physical therapist Sue Falsone walks the reader through the thought process and physical practice of guiding an injured athlete from injury through rehab and back to the field of play. To both health care professionals and strength and conditioning experts alike, she describes the path as her athletes move through pain and healing toward optimal function and advanced performance.

Author: Sara E. Langworthy
Publisher: Redleaf Press
ISBN: 1605543896
Category : Education
Languages : en
Pages : 199

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Book Description
Relationships play an important role in human development, especially in the first years of life. Bridging the Relationship Gap provides caregivers tools and encouragement to be the strong, positive, and nurturing adult these children need in order to thrive. Learn more about the factors that contribute to the achievement and relationship gap, including ecological, biological, and cultural differences. Most importantly, find many tools and resources to help you more effectively deal with the tough situations and become each child's strongest ally. Sara Langworthy, PhD, currently serves as policy coordinator for Extension Children, Youth, and Family Consortium at the University of Minnesota.

Author: ADA Survey Center
Publisher:
ISBN: 9781601220271
Category :
Languages : en
Pages :

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Author: U. S. Department of Health and Human Services
Publisher: Createspace Independent Pub
ISBN: 9781483944296
Category : Medical
Languages : en
Pages : 70

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Book Description
The identification of gaps from systematic reviews is essential to the practice of ''evidence-based research.'' Health care research should begin and end with a systematic review. A comprehensive and explicit consideration of the existing evidence is necessary for the identification and development of an unanswered and answerable question, for the design of a study most likely to answer that question, and for the interpretation of the results of the study. In a systematic review, the consideration of existing evidence often highlights important areas where deficiencies in information limit our ability to make decisions. We define a research gap as a topic or area for which missing or inadequate information limits the ability of reviewers to reach a conclusion for a given question. A research gap may be further developed, such as through stakeholder engagement in prioritization, into research needs. Research needs are those areas where the gaps in the evidence limit decision making by patients, clinicians, and policy makers. A research gap may not be a research need if filling the gap would not be of use to stakeholders that make decisions in health care. The clear and explicit identification of research gaps is a necessary step in developing a research agenda. Evidence reports produced by Evidence-based Practice Centers (EPCs) have always included a future research section. However, in contrast to the explicit and transparent steps taken in the completion of a systematic review, there has not been a systematic process for the identification of research gaps. We developed a framework to systematically identify research gaps from systematic reviews. This framework facilitates the classification of where the current evidence falls short and why the evidence falls short. The framework included two elements: (1) the characterization the gaps and (2) the identification and classification of the reason(s) for the research gap. The PICOS structure (Population, Intervention, Comparison, Outcome and Setting) was used in this framework to describe questions or parts of questions inadequately addressed by the evidence synthesized in the systematic review. The issue of timing, sometimes included as PICOTS, was considered separately for Intervention, Comparison, and Outcome. The PICOS elements were the only sort of framework we had identified in an audit of existing methods for the identification of gaps used by EPCs and other related organizations (i.e., health technology assessment organizations). We chose to use this structure as it is one familiar to EPCs, and others, in developing questions. It is not only important to identify research gaps but also to determine how the evidence falls short, in order to maximally inform researchers, policy makers, and funders on the types of questions that need to be addressed and the types of studies needed to address these questions. Thus, the second element of the framework was the classification of the reasons for the existence of a research gap. For each research gap, the reason(s) that most preclude conclusions from being made in the systematic review is chosen by the review team completing the framework. To leverage work already being completed by review teams, we mapped the reasons for research gaps to concepts from commonly used evidence grading systems. Our objective in this project was to complete two types of further evaluation: (1) application of the framework across a larger sample of existing systematic reviews in different topic areas, and (2) implementation of the framework by EPCs. These two objectives were used to evaluate the framework and instructions for usability and to evaluate the application of the framework by others, outside of our EPC, including as part of the process of completing an EPC report. Our overall goal was to produce a revised framework with guidance that could be used by EPCs to explicitly identify research gaps from systematic reviews.

Author: Kevin DeYoung
Publisher: Crossway
ISBN: 1433533375
Category : Religion
Languages : en
Pages : 162

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Book Description
The hole in our holiness is that we don't care much about holiness. Or, at the very least, we don't understand it. And we all have our reasons too: Maybe the pursuit of holiness seems legalistic. Maybe it feels like one more thing to worry about in your already overwhelming life. Maybe the emphasis on effort in the Christian life appears unspiritual. Or maybe you've been trying really hard to be holy and it's just not working! Whatever the case, the problem is clear: too few Christians look like Christ and too many don't seem all that concerned about it. This is a book for those of us who are ready to take holiness seriously, ready to be more like Jesus, ready to live in light of the grace that produces godliness. This is a book about God's power to help us grow in personal holiness and to enjoy the process of transformation.

Author: Stephen Marrin
Publisher: Routledge
ISBN: 1136680470
Category : Political Science
Languages : en
Pages : 193

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Book Description
This book on intelligence analysis written by intelligence expert Dr. Stephen Marrin argues that scholarship can play a valuable role in improving intelligence analysis. Improving intelligence analysis requires bridging the gap between scholarship and practice. Compared to the more established academic disciplines of political science and international relations, intelligence studies scholarship is generally quite relevant to practice. Yet a substantial gap exists nonetheless. Even though there are many intelligence analysts, very few of them are aware of the various writings on intelligence analysis which could help them improve their own processes and products. If the gap between scholarship and practice were to be bridged, practitioners would be able to access and exploit the literature in order to acquire new ways to think about, frame, conceptualize, and improve the analytic process and the resulting product. This volume contributes to the broader discussion regarding mechanisms and methods for improving intelligence analysis processes and products. It synthesizes these articles into a coherent whole, linking them together through common themes, and emphasizes the broader vision of intelligence analysis in the introduction and conclusion chapters. The book will be of great interest to students of intelligence studies, strategic studies, US national security, US foreign policy, security studies and political science in general,as well as professional intelligence analysts and managers.