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Home » Construction Law » Chapter 5 The Superintendent » Liability of a superintendent
Chapter 5 Liability of a superintendent
Liability as agent to the principal
The scope of the superintendent's liability as agent of the principal will depend on the terms of the particular employment, consultancy or services agreement in place between the principal and the superintendent. The superintendent also owes a tortious duty to take reasonable care and, if this is breached, will be liable to the principal in negligence. A superintendent can limit liability for negligence by including an exclusion clause which modifies or excludes liability in defined circumstances.
Liability to the contractor
Generally the contractor and superintendent are not in a contractual relationship and therefore the superintendent has no contractual liability to the contractor. As a general rule, a superintendent will not owe a duty of care to the contractor in administering the contractor's work under the contract. That is because the contractor can ordinarily sue the principal for any loss suffered consequent upon the acts of the superintendent.
The courts are reluctant to find that a superintendent owes a duty of care to the contractor. The courts will consider the terms of the contract to decide whether the superintendent does owe a duty of care to the contractor, as seen in Pacific Associates Ltd v Baxter Co [1989] 2 All ER 159. If the parties have agreed to a chain of contract obligations, it is difficult to find that the parties have, in addition to the contract, relied on the superintendent owing a duty of care (see Hedley Byrne & Co Ltd v Heller & Partners Ltd [1963] 2 All ER 575). The courts also, as a matter of policy, are hesitant to disturb a careful allocation of risk set out in contractual arrangements between commercial parties.
Liability as a certifier
A superintendent can owe a duty of care to the principal for negligent certification, as seen in Sutcliffe v Thackrah [1974] 1 All ER 859 or [1974] AC 727. A similar duty of care has been found between a superintendent and a contractor in circumstances of a close relationship between the parties, where the contractor is clearly relying on the advice or actions of the superintendent.
When determining whether a duty of care exists, the courts will look at factors such as reliance, assumption of responsibility and public policy considerations as shown in the following case study.
John Holland Construction & Engineering v Majorca Projects Pty Ltd and Bruce Henderson Pty Ltd [1996] VicSC 334
The principal went into liquidation.
The contractor sued the superintendent for negligence in assessing liquidated damages.
Did the superintendent owe a tortious duty of care to the contractor?
A duty of care can exist between a superintendent and a contractor, if the contractor relies and depends upon the careful and impartial performance of the superintendent.
The court looked closely at whether there was any reliance by the contractor or a relationship of proximity between the parties.
In this case there was no reliance and in the context of the contract which gave the contractor a right to dispute decisions of the superintendent, there was no intention to impose a tortious obligation upon the superintendent.
This case was considered in Northbuild Construction Pty Ltd v Napier Blakely Pty Ltd [2006] QSC 133 where a duty of care was found to be at least arguable.
Updated February 2020


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What if: We found a cure for cancer?
Open-access content 8th February 2017
Nay Wynn investigates the streams of research that could one day lead to a remedy for cancer – and the likely ramifications for the insurance industry
Given that 63% of claims on a critical illness (CI) policy are related to cancer (according to Hannover Re's Life Branch estimate, 2016), it is worth looking at streams of research that could one day lead to a cure and the potential impact on the insurance industry.
Only 30% of the £498 million spent in the UK on cancer research was focused on treatment, such as chemotherapy, radiotherapy and surgery. The remainder was spent on improving our understanding of cancer; its causes, progression, methods of detection and prevention. It is only through this type of research that an eventual cure may be found. The picture is similar on a global scale; 27% of the £3.4 billion spent globally in 2008 was targeted on treatment; the rest was spent on activities relating to the search for a cure.
But cancer isn't just one disease. There are over 200 types of recorded cancers, and certain types attract more investment. In the UK, 54% of research was site-specific, for example, looking at only breast cancer. On a global scale, 81% is site-specific, owing largely to condition-specific charities in the US. Given the above picture, it seems reasonable to suggest that site-specific cures will be discovered before the medical community arrives at a one-size-fits-all cure.
That said, at its very root, cancer is caused by abnormal cells multiplying out of control. Can we find a cure that tackles this issue directly? What if there was a catch-all cure? We take a look now at the current fields of research that could hold the key to a cancer cure.
The three areas of research that we identify here are immunotherapy, finding a way to deactivate telomerase and gene editing.
1. Immunotherapy
Since the mid-1990s, the field of immunotherapy has received an increasing amount of attention from the US-based Cancer Research Institute and is currently at the heart of its work. Immunotherapy recruits our own immune system in the battle against cancer. The Cancer Research Institute highlights five ways in which this could work:
? Monoclonal antibodies are antibodies manufactured in the lab that bind to cancer antigens and destroy cancer cells.
? Checkpoint inhibitors disengage the immune system's brakes so that it can attack the cancer cells directly.
? Cancer vaccine similar to those used to prevent diseases like measles or chicken pox.
? Adoptive cell therapy, in which certain cancer-fighting cells, called T-cells, are extracted from the body, multiplied in great numbers and then reintroduced. This effectively gives a kick-start to fighting cancer.
? Oncolytic virus therapy, where a virus is used to infect cancer cells in order to destroy them.
Immunotherapy has appeared in the press recently too, including for example the use of Pembrolizumab for patients with advanced melanoma.
2. Deactivating telomerase
The cells in our body (more specifically, the chromosomes in our DNA) divide constantly so that we remain healthy while the old and dead cells get replaced. These chromosomes have protective caps at the end of them, called telomeres, which are often likened to plastic caps at the end of shoelaces.
Over time, after multiple replications, these caps get worn down and our DNA is no longer protected. At this point, a signal is sent to stop our cells dividing further so as to avoid the damaged cell being replicated (this is called programmed cell death or apoptosis). This is a brilliant safeguard against cancer, since cancer itself is caused by abnormal cells multiplying out of control.
However, with eight out of 10 cancers, this mechanism fails. Cancer cells reactivate telomerase, an enzyme that produces telomeres, thereby cheating the system and multiplying without limit.
If there was a way of selectively switching off the telomerase in these cancer cells, we could have an effective weapon in curing the majority of cancers. However, the real challenge is in ensuring that telomerase is deactivated in abnormal cells only, otherwise we could end up with the unwelcome side-effect of an early death.
3. Gene editing
Gene editing involves inserting, deleting or replacing DNA in an organism's genome. This is an extremely complicated area, and progress has been slow. The technique has natural synergies with adoptive cell therapy (mentioned in the immunotherapy section above). There are a few trials using this type of gene therapy in the UK.
Gene therapies can be used to enhance the effectiveness of existing treatments, such as chemotherapy, radiotherapy or existing drugs. It may even prove to be the method that is used to deactivate telomerase for targeting cancer cells.
One such example of gene editing research is the Talimogene laherparepvec (T-VEC) virus, which was created by genetically modifying a herpes simplex virus (HSV-1).
It has been modified so that the virus no longer causes herpes, selects only cancer cells for destruction and secretes a protein that is naturally found in our bodies to initiate an immune response. It has been approved in the US for advanced melanoma, and could be useful for other cancers.
Impact on the life insurance industry
The discovery of a cancer cure would have a significant impact on the life insurance industry, in particular the CI product offering.
The most important question to ask is: What is the nature of the cure? Understanding this in detail will help to answer other questions, for example: How effective is the cure at treating all types of cancers? Does it delay the onset of symptoms or stop the symptoms progressing further? Are there any side-effects? We now take a look at some of these concepts in detail.
Efficacy: If the cure applies to certain types of cancers only, then they can be removed from the list of conditions covered. For example, if the cure treats all low-severity cancers, then a new CI product would just need to include high-severity conditions such as brain, lung or pancreatic cancers. Insurers would need to know which cancers were affected, evaluate the resulting reduction in incidence rates and estimate how the rates would change in the future. As such, the overall pricing impact of a post-cure product could vary significantly, depending on the cure itself.
Delaying the worsening of symptoms: What would happen if the cure simply meant cancer was stopped from progressing - that is, the patient won't get worse but won't get better either? This could be quite complex to model. For a subset of cancer diagnoses that are severe enough for a claim payment, insurers would settle the claim, whether this cure existed or not. However, if the diagnosis was not severe enough for a claim payment, doctors could apply the cure, stop cancer progressing and the policy would not pay out. This would mean room to reduce incidence rates, the extent of which would depend on how early cancer was diagnosed. More importantly, these claims incidence rates may change in the future if there were new ways of detecting cancer earlier than before and this pace might vary between cancers.
Prevention: So far, I have referred to immunotherapy, deactivating telomerase and gene editing in the context of cures for cancer but not as a preventative tool. Theoretically, all these methods could lead to vaccines or early detection tools that could be rolled out by the NHS to all healthy lives as a preventative measure. The cost-benefit analysis for this, the political will, and priorities of the government of the day would heavily influence the likelihood of a nationwide prevention programme. If the cure is only privately available, then those who can afford it will benefit the most - in which case, insurers and reinsurers would need to understand how this will affect the insured lives (rather than the population as a whole).
Side-effects: While new treatments undergo rigorous testing before they are made available for mass use, we would need to fully understand any side-effects of the cure and reflect this in the incidence rates. For example, immunotherapies, which stimulate the immune system, could increase the rates of other autoimmune diseases such as multiple sclerosis, rheumatoid arthritis and systemic lupus erythematosus. However, other treatments such as monoclonal antibodies tend to have fewer side-effects.
New types of cancers: In the same way that cancer became a more prominent disease as a result of people living longer, curing these types of cancers could give rise to new versions that were previously undiscovered - that is, those that affect centennials. Other known diseases could also become more prominent, such as Alzheimer's. For the post-cure CI product, pricing would need to be mindful of the changes in the trends of non-cancer conditions.
Lapses on the existing business: Curing cancer would naturally give rise to new cancer-free policies and could encourage condition-specific cover, such as heart attack cover, stroke cover or Alzheimer's products.
It is unavoidable that the launch of a cancer-free product would lead to lapses in the existing CI book. At worst, these could be anti-selective lapses, with healthier lives buying the new cancer-free cover while less healthy lives remain on risk.
What is hard to determine is the extent of these lapses. Perhaps older lives are less likely to lapse since they may be unwilling to go through underwriting again, but they may also stand to gain the most from lapse and re-entry as cancer rates increase with age. The first company that launches a cancer-free cover could stand to benefit greatly. They can make full use of the media coverage associated with cancer-cure announcements and offer a distinct cancer-free product to the market that is significantly cheaper than the competitors.
The argument above holds true if only certain types of cancers are cured, for example, breast cancer or prostate cancer, even if it is a subcategory of such cancer. There would still be a push to remove that condition from the new CI product in return for lower premiums for the customer.
New markets: Gene editing could enable risks that were previously declined or deferred at underwriting to safely join the 'standard' population with little or no loading. While an exciting prospect, this is a relatively small proportion of lives; genetic specialists estimate that only 2% to 3% of diagnosed cancers are linked to an inherited genetic fault. There is currently a moratorium on the use of genetic information in pricing insurance policies in the UK, but if someone has had gene therapy in the past, is there scope for insurers to use this to offer cheaper rates? Similarly, immunotherapy or deactivating the telomerase could give us access to previously declined or deferred risks.
Nature of progression
It is likely that a cure for cancer will happen in stages, with different cancers being cured at different times. A cure here could be something that prevents incidences of cancer in the future or something that means that the cancer is no longer a critical illness. The most crucial element that we need to consider is the nature of the cure itself, as it has direct implications for our pricing assumptions - for example, incidence rates, trends and lapses on existing business.
With current CI products being sold with long policy terms of 30+ years, it is essential that both insurers and reinsurers keep a close eye on medical advances and assess how these affect future pricing and the conditions covered under the CI product.
Nay Wynn is senior actuarial analyst in the research team at Hannover Re UK life branch
This article appeared in our February 2017 issue of The Actuary.

redpajama_set_name: RedPajamaCommonCrawl


Superb views, high quality and extreme comfort describe this lovely apartment situated on the second floor. 11 The Moorings is most attractively and comfortably furnished, enjoys stunning views from all rooms, including the bedrooms and has its own balcony with drinks table and chairs. The apartment provides its own mooring for up to 4.5m visitors' boats by arrangement with the owner and the Harbour Master.
The Moorings is an impressive development situated on the water's edge of the beautiful Kingsbridge/Salcombe estuary and occupies probably the best situation in Kingsbridge. Set in attractive, shared, landscaped and enclosed gardens alongside the estuary, with occasional seating, although not suitable for children's games, they provide an idyllic spot to appreciate the views. All the apartments enjoy these superb views from most of their rooms, balconies and/or terraces with vistas down towards Salcombe, across to the wooded banks and meadows on the opposite side and upstream to the town itself. The town, a short walk, approximately one third of a mile on the level along the embankment, has a wide range of interesting shops, restaurants, pubs, two major supermarkets and a fine leisure centre. Electric gates secure the entrance to The Moorings and there is designated parking for two cars for 11 the Moorings and further visitor parking. Good sandy beaches within 5 miles.
Communal entrance lobby to the lift and stairs to the second floor carpeted entrance hall. Most attractive sitting room with triple aspect windows and superb views both up and down the estuary. 3-Piece suite comprising 2 deep comfortable sofas and an armchair. BT TV/radio, DVD Blu Ray player, Unlimited BT broadband, iPod player. Dining table and chairs. Low window/door with excellent views to Kingsbridge leading to the balcony with drinks table and chairs. The kitchen has well fitted range of units, electric hob, built-under oven, combi-microwave, dishwasher, fridge with small freezer compartment, washing machine, TV and table with 4 chairs. Twin bedroom (3ft beds that can be pushed together), fitted wardrobe and attractive white furniture. Both the door to the balcony and window offer delightful views of the gardens and estuary. En-suite bathroom with bath, shower over, basin, heated towel rail & WC. Double bedroom with 5ft bed, fitted wardrobe and lovely views. En-suite shower room with good size shower cubicle, basin, heated towel rail and WC.
Designated spaces for 2 cars and visitor parking. Video phone entry.
Included: Bed linen, towels, (guests must provide their own beach towels), broadband internet connection, electricity and central Heating (gas).
Nearest Golf – Thurlestone Golf Club (5 miles).
Everything about the property was excellent and we very much enjoyed our stay.
Good location and help from Pauline, for which, many thanks.
We enjoyed our stay very much. Perfect accommodation, brilliant location.
We have used this property over several years now and we are never disappointed, even when the weather has been poor. Not this time! The sun shone all the time and as ever everything was spotlessly clean and welcoming.
Yes, we did enjoy our stay......We have visited The Moorings many times...... mainly Apt 11. Further, we have booked again for end of April/May 2019.
Although some years since our last visit, this was our 3rd time at No 11. We were impressed by the fact that the high standards we had enjoyed some 11 years ago have been maintained. Despite being snowed in on the Sunday (more time to study the birds on the waterside) and family not being able to join us, we had an excellent week. We will return in the not too distant future.
Other than the changeable weather. The apartment was one of the best we have stayed at.
Absolutely first class apartment .. really homely feel with quality furnishings .. a lot of thought has gone into every detail and would thoroughly recommend to friends. The owners have definitely gone the extra mile to make it welcoming.
Once again we enjoyed our stay at the Moorings. We look forward to our next visit Early May 2018. Many thanks.
Yes a very relaxing week!
Enjoyed our stay very much. It was my first holiday for nine years! Having friends with me to help with my husband who has vascular dementia was a great . Kingsbridge is where I was born so I was able to catch up with my relatives . Again it was very enjoyable thank you.
The apartment was superb and well stocked with everything needed to make our stay very comfortable. The owners left a welcome card and bottle of wine which was a lovely touch.
This was by far the best self catering accommodation we have ever stayed in - and we have been to a lot, not often you can say "excellent" for everything! Pristine, well furnished & equipped. Wonderful location. Booking via Toad Hall Cottages was easy, with friendly & professional staff. The booking was by recommendation, understandably so. All in all fantastic - Thanks to all concerned. Please pass on our thanks to the owners.
Toad Hall are the most courteous and helpful cottage holiday booking company I have ever come across nothing is too much trouble. Would recommend this company to anyone looking for a holiday in the South West.
The quality of furnishings in this apartment are way in excess of any other holiday apartment I have rented. It is just like a persons home.
Have never had any reason to complain about Toad Hall, all very efficient. 11 The Moorings is such a super place to stay and so well equipped for self catering that all you need to take is your clothes.
This was our fifth visit to 11 The Moorings and once again we weren`t disappointed. We had a lovely relaxing week in this superb pristine apartment which contains everything you could need for a very enjoyable holiday. The fact the apartment overlooks the estuary makes it very special with beautiful views.
This was our fourth visit to 11 The Moorings and once again we had a lovely relaxing holiday in a beautiful apartment. The apartment is spacious and contains everything you could possibly want. The decor together with the furnishings and fittings are beautiful and together with the view what more could you want.
Excellent stay in a lovely apartment with wonderful views.
This booking through Toadhall Cottages would give us certain confidence to be more than happy to book any cottage listed with them again.
Had a great weeks holiday in a fantastic property.
11 The Moorings exceeded our expectations. It is the most comprehensively equipped apartment we have ever had. With river views from all rooms the location is perfect. It is a great choice for 4 sharing as the apartment is spacious. We found the caretaker most helpful when we rang her before our visit.


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An unseen evil haunts the homestead in this chilling, folkloric tale of madness, paranoia, and otherworldly terror. Lizzy (Caitlin Gerard) is a tough, resourceful frontierswoman settling a remote stretch of land on the 19th-century American frontier. Isolated from civilization in a desolate wilderness where the wind never stops howling, she begins to sense a sinister presence that seems to be borne of the land itself, an overwhelming dread that her husband (Ashley Zukerman) dismisses as superstition. When a newlywed couple arrives on a nearby homestead, their presence amplifies Lizzy's fears, setting into motion a shocking chain of events. Masterfully blending haunting visuals with pulse-pounding sound design, director Emma Tammi evokes a godforsaken world in which the forces of nature come alive with quivering menace. Released domestically by IFC, now on VOD.
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XX is the first ever all-female horror anthology, featuring four short films all directed and written by women. "The Box" is written and directed by Jovanka Vuckovic ("The Captured Bird"), "The Birthday Party" is co-written by Roxanne Benjamin and Annie Clark and directed by Clark (in her directorial debut), "Don't Fall" is written and directed by Roxanne Benjamin (Southbound, V/H/S, and V/H/S/2), and "Her Only Living Son" is written and directed by Karyn Kusama (Jennifer's Body and The Invitation). XX premiered at the 2017 Sundance Film Festival and was distributed by Magnet Releasing.
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All roads lead to terror in the acclaimed horror anthology Southbound. From the creators of the popular V/H/S trilogy, the movie follows the fates of a group of weary travelers who confront their worst nightmares over one long night on a desolate stretch of desert highway. Southbound had its world premiere in the Midnight Madness section of the 2015 Toronto International Film Festival.
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Q: Confused by behavior of property setter (this question probably needs a more descriptive title, feel free to improve it)
I have a UIView subclass with a property:
@property (weak, nonatomic) UILabel *label;

In an initialize method I have:
[self addSubview: (self.label = [UILabel new])];

I like the terseness of this, but I have questions how it works.
For one, I get a warning:
Assigning retained object to weak property; object will be released after assignment

Warning aside, it actually seems to work. Is that because before the release machinery can run, the addSubview: re-retains it?
If I understand correctly, the self.label = ... code is just sugar for a [self setLabel: ...]. But if I override the property access with my own setLabel: implementation, its signature will be
- (void) setLabel: (UILabel*) label;

So the return value is void. But it's being fed into the the addSubview: send and working? So how does that work?
Update
One of the things that frustrates doing a one liner here, is that Objective-C tend to eschew returning useful information from methods like addSubview: which is divergent from the Smalltalk influence which spawned Objective-C in the first place. In Smalltalk, it would be expected/common for the addSubview: method to return the added object. If this was the case, one could write these expressions as:
self.label = [self addSubview: [UILabel new]];

This would allow the strong/weak semantics to be happy. The addSubview: would do the strong retain before the it got to the weak label setter.
I fight this problem with both subviews and recognizers, so I thought I'd be clever, and write a category to do something like that (I inverted the receiver/argument so it would be easily distinguishable from an alternate addSubview: signature).
@interface UIView (UIView_Adding)
    - (UIView*) addedToView: (UIView*) superview;
@end

@interface UIGestureRecognizer (UIView_Adding)
    - (UIGestureRecognizer*) addedToView: (UIView*) view;
@end

@implementation UIView (UIView_Adding)
- (UIView*) addedToView: (UIView*) superview {
    [superview addSubview: self];
    return self;
}
@end

@implementation UIGestureRecognizer (UIView_Adding)
- (UIGestureRecognizer*) addedToView: (UIView*) view {
    [view addGestureRecognizer: self];
    return self;
}
@end

Unfortunately, this just invokes the Law of Conservation of Ugly. I get rid of one kind of warning and get another. With that category included, I can now write:
self.label = [[UILabel new] addedToView: self];

But this generates a warning that self.label is meant to hold a specific subclass of UIView, namely a UILabel and the return type of addedToView: is `UIView'. I'm not aware of an Objective-C pseudo type which means be the right darn subtype of this known super type to make property types happy. :(
Final Update
I discovered the instancetype type. By changing my category method signatures to return these types, everything just works. I'm new enough to instancetype to not know if I'm abusing something here, but I'm thrilled it worked.

A: The warning comes from:
self.label = [UILabel new]

since your label property is weak.
You are correct that it ends up working because the label is retained by the call to addSubview:.
But if the label is ever removed from its superview, the label property will become nil and the label will be lost. So if there is any chance that the label will be removed but you want to keep a reference to the label (maybe to add it back later), then change your property to be strong.
You are also correct that self.label = is really just [self setLabel:]. The reason that this can be passed to addSubview: is due to the fact that an expression such as x = y has a value equal to the assignment.
So:
[self addSubview: (self.label = [UILabel new])];

if equivalent to:
UIView *view = (self.label = [UILabel new]);
[self addSubview:view];

redpajama_set_name: RedPajamaStackExchange


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text:
Archdiocese of Utrecht or Diocese of Utrecht may refer to:

 Diocese of Utrecht (695–1580), the historic diocese and after 1559 archdiocese before and during the Protestant Reformation
 Prince-Bishopric of Utrecht (1024–1528), the temporal jurisdiction of the bishops
 Roman Catholic Archdiocese of Utrecht (1853 – present), the current archdiocese in the Netherlands within the Catholic Church
 Old Catholic Archdiocese of Utrecht (1723 – present), the current archdiocese within the Old Catholic Church of the Netherlands

redpajama_set_name: RedPajamaWikipedia


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Legal Research Programme 2023
This page was updated on 19 December 2022
The European Central Bank (ECB) launched the Legal Research Programme (LRP) in 2008 to foster analysis of areas of law relevant to the ECB's statutory tasks and to establish closer contacts with academia.
The ECB is seeking applications from established scholars or promising early career researchers for the award of one or more scholarships to conduct legal research and publish an article on one of the topics set out below. Each scholarship is endowed with a grant of EUR 5 000, which is not compatible with any other fellowships or grants received from third parties in relation to the same research project, unless the ECB expressly consents to this. Scholars applying for a research scholarship cannot be in an employment relationship with the ECB. The scholarship will be paid provided the research paper is accepted for publication in an internationally renowned and peer-reviewed academic journal at the latest by 1 November 2024.
A scholarship under the LRP will be awarded to applicants who propose a research project on one of the following research areas.
1. The role of ECB opinions
Article 127(4) TFEU outlines the advisory role of the ECB: national and European legislators are under an obligation to consult the ECB on any draft legislation within the ECB's fields of competence. Additionally, the last subparagraph stipulates that the ECB 'may submit opinions to the appropriate Union institutions, bodies, offices or agencies or to national authorities on matters in its fields of competence'. This opens the possibility for the ECB to adopt own-initiative opinions, if the responsible national or European authorities fail to consult the ECB a draft legislative act. However, it could also be interpreted more widely as meaning that the ECB, at any time, could proactively issue an opinion on legislation – or even more broadly, on any 'matters' – in its fields of competence. At the same time, the ECB has a monitoring role under Article 271(d) TFEU, enabling the ECB's Governing Council institute proceedings before the CJEU the CJEU against national central banks (NCBs) for failure to fulfil their obligations under the Treaties and the Statute of the ESCB and the ECB.
What is the relationship between the various roles of ECB opinions, and how do these roles shape the institutional position of the ECB within the Union's constitutional structure? How do they, particularly the possibility to adopt own-initiative opinions, compare to the monitoring role of the European Commission under Article 258 TFEU, and how could they be delineated? How does the obligation to consult the ECB, under Articles 127(4) and 282(5) TFEU, compare to other consultation processes set out in the Treaties?
In addition to assessing these legal questions, scholars are invited to investigate the impact and significance of ECB opinions for legislative processes at both national and Union level through empirical analysis. This could focus on select subject areas of ECB opinions, e.g. central bank independence.
2. CBDC as a liability of its issuing central bank – What are the implications for the design and distribution of CBDC?
Central banks across the world have been reflecting on and, in some cases, are already experimenting with, the issuance of wholesale and retail central bank digital currencies (CBDCs). Wholesale CBDC variants would, in most cases, be issued and held in accounts maintained with the CBDC-issuing central bank, or operated under its control, representing liabilities of their issuer vis-à-vis the CBDC account holder(s). Retail CBDC variants could be held directly with the issuing central bank in an account-based CBDC scenario, or through third-party wallet providers in a two-tier CBDC scenario.
The purpose of the proposed research should be to explore the design, distribution and other material implications of the issuance of retail CBDCs. The analysis should focus on the possibility (or lack thereof) for the holder of CBDCs to enforce claims against the issuing central bank and the relevant third-party intermediary in case of insolvency of the third-party intermediary or a third-party wallet provider, respectively. Building on this, the research could explore how the coexistence of differently enforceable types of central bank money may affect the distribution and settlement of transactions in CBDCs. Lastly, the research could consider more broadly how a central bank could simultaneously issue central bank money embodying a claim on its balance sheet and other monies that do not qualify as legally enforceable claims.
3. The Markets in Crypto-assets and pilot regime for market infrastructures based on distributed ledger technology regulations – Potential for innovation in the retail payments landscape and overlaps with existing Union legislation
In September 2020, the European Commission published proposals for a Markets in Crypto-assets (MiCA) regulation and a pilot regime for market infrastructures based on distributed ledger technology (DLT) regulation. The purpose of the proposed research is to explore the impact of the MiCA and DLT pilot regime regulations on the Union's retail payments landscape, and to examine the scope of overlaps and the legal uncertainty arising from their interaction with existing pieces of Union law in the field of payments.
The legal research could, amongst others, analyse and assess whether:
some of the services associated with the transfer of crypto assets could amount to payment services, within the meaning of the Second Payment Service Directive;
an asset-referenced or e-money token arrangement could qualify as payment systems or schemes under the Settlement Finality Directive; and
what adjustments may need to be made to the abovementioned directives and/or to other pieces of Union legislation to support innovation in the retail payments field while at the same time averting the risk of regulatory duplication and overlaps.
4. Banking supervision meets public international law – Cross-border on-site inspections
The ECB may carry out on-site inspections (OSIs) at, among others, subsidiaries in the form of credit institutions of 'SSM-banks' and outsourcing providers that are located in third countries. When carrying out OSIs the ECB is making use of investigatory powers and performing a 'sovereign task' in another jurisdiction. While specific rules apply within the EU, the question is which rules apply when carrying out OSIs in third countries. Similarly, a question which merits investigation concerns the rules that would apply if third country authorities wanted to carry out on-site inspections within the EU, and in particular at significant credit institutions or outsourcing providers located within the EU or in participating Member States.
5. ESCB liability in the field of monetary policy
Recent case-law in the supervisory (and resolution) field has shed some light on composite procedures, where the adoption of a decision requires the involvement of authorities at both the national and European level. A guiding principle seems to be that liability resides with the authority that exercises discretion and, hence, is excluded in cases where there is no such discretion in the adoption of a legal act. Mutatis mutandis, is it possible to derive any lesson for the ECB's monetary policy, considering that, in the context of the decentralised application of monetary policy decisions, a high degree of centralisation coexists with a role for the NCB? Against this background, would it be possible to build a taxonomy of cases depending on the level of centralisation and/or the modality of implementation by the NCBs?
6. Qualifying holdings (QH) assessments under the CRD: point-in-time check or on-going authorisation? A case for further harmonisation
Where an existing (qualified) shareholder is deemed unsuitable and the competent authority intends to take action against this shareholder (e.g., a suspension of voting rights), the question arises as to whether a revocation of the QH decision is needed. Ultimately, this concerns the legal nature to be attributed to QH assessments. Should they be seen as point-in-time checks (connected to ongoing supervision) or on-going authorisations? Is there any margin to have different replies depending on the applicable national legislation, or is this a case of maximum harmonisation? And how does this affect with the allocation of responsibilities in the SSM, where common procedures are included under the exclusive competence of the ECB, while national competent authorities retain responsibilities in relation to the on-going supervision of less significant institutions.
7. Banking supervision and fundamental rights
Banking supervision interferes with the fundamental rights of legal entities and natural persons. In a legal order built on the rule of law and at the heart of which fundamental rights lie, it is worth to look at banking supervision through the prism of fundamental rights. An analysis may focus on the type of rights that are affected, the way the ECB as banking supervisor may interfere with them, and how the relevant fundamental rights may impact the supervisory standards to be met by supervisors (e.g., with regard to the proportionality test).
8. Diversity as an essential element of good corporate governance arrangements: available legal tools and their effectiveness
Over the past years, the diversity in the composition of management bodies has gained increasing attention in corporate governance studies, not only as a tool to foster positive actions towards equality and non-discrimination, but also as an effective safeguard for the sound functioning of corporate bodies. Corporate governance in the banking sector is no exception, with legislators and regulators in many legal systems enacting rules aimed at fostering the many dimensions of diversity. At present, diversity is envisaged in different types of general and sectoral legislation in an increasing number of jurisdictions. Those provisions often have a partially overlapping scope of application, different types of obligations and different reporting and enforcement mechanisms with different authorities responsible for their application. A research proposal could analyse how, and to what extent, different legal techniques have proved effective to achieve the objective of having more diverse corporate bodies, also based on a comparison of the legislative framework on diversity enacted in selected national and supranational (EU) legal systems. The research should focus particular on banks and financial institutions, and how the coordination of multiple legal sources has worked in practice.
Applications should be sent by email to LegalResearchProgramme@ecb.europa.eu no later than 10 PM (CET) on 31 January 2023. The ECB aims to assign at least one third of the assigned scholarships to Junior Scholars (i.e. scholars who are doctoral candidates or obtained their doctoral degree no earlier than 1 January 2021). To further enhance diversity, the ECB particularly encourages applications from female candidates. The selection committee aims to award the scholarships by March 2023.
Applications must include:
the applicant's curriculum vitae;
in the case of Junior Scholars: an official statement confirming the doctoral candidate status of the applicant or the date on which the doctoral degree was obtained;
a proposal falling under one of the research topics mentioned above. Such proposal should be no longer than 1 500 words (not including charts, graphs, or bibliography) and consist of the following:
a statement of the issues to be addressed;
the proposed methodology;
an analysis of the originality and significance of the proposed research paper in view of the existing academic literature;
a discussion of the feasibility for completion of the research project by 1 November 2023.
Each selected Scholar will be required to prepare a high-quality, original research paper of a minimum of 12 000 words in length, excluding footnotes, which must meet, in the ECB's assessment, the overall standard expected of papers published in internationally renowned and peer-reviewed academic journals.
Scholars may be invited to the ECB to present their research, before or after the completion of the research programme and payment of the grant. Scholars will be responsible for their own transportation and accommodation arrangements and costs but will be reimbursed for such costs under the ECB Terms of Reference for reimbursement of travel expenses.
The ECB may decide not to award a scholarship for any of the above research topics, or for any category of applicants if, in its opinion, no application of a sufficient quality has been submitted for that research topic or by that category of applicants. The applications will be assessed by a committee composed of legal counsels within the ECB's Legal Services.
Presentation of the research proposal
The selected Scholars will be invited to a seminar to be held at the ECB in spring 2023, to present their proposal against the background of their previous research in the relevant field. This seminar is intended to establish a productive relationship between the ECB's Legal Services and the Scholars, and to provide Scholars with constructive feedback on their research subject from practitioners in the field.
Submission of the first draft
The Scholar must submit a first draft of his or her research paper to the ECB by 16 June 2023 and must immediately inform the ECB if there is a risk of not meeting that deadline. The ECB will review and referee the research paper by 31 August 2023.
Finalisation of the draft
The Scholar is expected to take the remarks and suggestions of the ECB's review into consideration and complete the research paper by 1 November 2023.
Submission for publication
Scholars are expected to seek publication of the research paper in a well-recognised, internationally renowned and peer-reviewed academic journal. The paper should be accepted for publication by the journal by 1 November 2024 at the latest, in the absence of which the right to the honorarium will elapse, unless the ECB has granted a derogation for exceptional reasons.
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Kristen provides great care and is so sweet - she explains everything in a way you can understand. She offered options and allowed me to participate in treatment options.
Dr Kristen Richardson is awesome! Very friendly and knowledgeable. Fixed me up on first visit with a creame that stopped my itching and healed my rashes. Thanks Doc!!
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The nurse and doctor were super nice and friendly.
She is always great !! Love that she expalins and speaks to my son and myself! My son loves her!!
She was an awesome Dr. Her bedside manner was excellent!
Always a pleasure! Experience and friendly staff keep me coming back!
Dr. Richardson was amazing. She was on time and super sweet. She answered all of my questions and did a great job on my Botox.
I love the staff, they are very sweet and knowledgeable!!
Always have great visit with Kristen ! Office staff are very nice.
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⟨ back
marabou vs mars on the use of "m&m's"
On 2 June 2016 the Svea Court of Appeal prohibited the company Mars from using the trademark "m" and "m&m's" for import, marketing and sale of candy or chocolate products in Sweden. If Mars breaches the prohibition, Mars risks SEK 2,000,000 as a fine.
WHAT HAS HAPPENED?
The companies Marabou and Mars have again concluded a dispute in court. This time in favour of Marabou. The dispute which has been ongoing for several years covered, among other things, Mars selling its chocolate covered peanuts labelled with "m&m's" in Sweden.
Somewhat surprisingly, the background of the parties' dispute is a previous collaboration. Already after the Second World War, Marabou and Mars started to exchange information and knowledge with each other. The collaboration resulted in an agreement in 1989 pursuant to which the parties agreed on Mars undertaking not to sell "m&m's" in Sweden, Norway and Finland, while Marabou undertook not to sell equivalent products in other markets. The agreement elapsed in 1998 and Mars started to sell its products labelled "m&m's" on the Swedish market in January 2009. This has entailed several legal disputes between the parties. For example, Marabou has attempted to prohibit "m&m's" referring to that the product of Mars is an unlawful copy of Marabou's product, something which neither Mars nor the Swedish court agreed with. Another dispute between the parties concerned whether the parties' registered trademarks were valid, which ended with the trademarks of both parties being declared invalid to a certain extent. The latest dispute, which has now been settled by the Svea Court of Appeal, concerned the issue of whether Marabou can prevent Mars from using "m", "m&m's" and "M&M's" on confectionary, candy and chocolate products in Sweden.
Svea Court of Appeal declared that Marabou has an established trademark right for "m" for candy and chocolate products in Sweden. This also means that Marabou has a sole right to the trademark "m" in Sweden. Marabou's right for "m" already existed when Mars started selling its products in Sweden. Accordingly, Mars is prohibited from using "m" as well as "m&m's" for the same type of products, as Svea Court of Appeal is of the opinion that there is a risk of confusion between the parties' trademarks. In terms of the issue of whether there is also a risk of confusion between "m" and "M&M's", Svea Court of Appeal declares that "M&M's" does not contain the trademarks "m" at all, which is why Mars' use of "M&M's" for the products was not considered as constituting any infringement of Marabou's sole right.
To conclude, Mars is prohibited from using "m" and "m&m's" with a fine of SEK 2,000,000, but the prohibition does not apply to "M&M's" for import, marketing and sale of candy or chocolate products in Sweden. The prohibition does not apply outside Sweden. Therefore, Mars will be able to use "m&m's" for its products outside Sweden.
Whether the current legal dispute is the last between Marabou and Mars is an open question, and we have probably not seen the end of Mars' sale of candy and chocolate products in Sweden. However, the future will tell how Mars will market and label its products.
Svea Court of Appeal: T 5406-15.
PLEASE FEEL FREE TO CONTACT US AT MORRIS LAW
CAROLINE YGGE
Partner, Advokat
E-mail: caroline.ygge@morrislaw.se
KARIN ODKRANS
E-mail: karin.odkrans@morrislaw.se
commercial, ip & tech
2016-12-20 ( Last updated: 2022-11-03, 16:15 )
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The shaft is of rectangular section and tapers slightly towards the upper end. It is broken roughly horizontally above, and roughly broken below and to the rear, so that face C and approximately half the width of faces B and D are lost.
B (narrow): There is a pair of broad, plain, low-relief mouldings to the left; the face is decorated with an encircled pattern C interlace, apparently incorporating free rings.
D (narrow): Decorated with interlace which probably resembled that on face B, with the border along its right-hand edge.
This is part of a square cross-shaft, but too little survives for it to be clear whether it was originally monolithic, or built in sections, as were other southern English square shafts, such as that from Elstow, Bedfordshire (Ill. 268). It is impossible to tell whether the piece was originally only decorated with interlace, or whether there was a mixture of motifs as at Bishops Waltham, Hampshire (Ill. 421).
The probable use of free rings in the interlace suggests a date in the late tenth or eleventh century, when this feature appears to have originated (Collingwood 1927, 65, 68). The flaccid and disorganised manner of laying-out the decoration supports such a late date.


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Q: The least value of the function $f(x)=|x-a|+|x-b|+|x-c|+|x-d|$ If $a<b<c<d$ and $x\in\mathbb R$ then what is the least value of the function $$f(x)=|x-a|+|x-b|+|x-c|+|x-d|\ ?$$
$f(x)= \begin{cases}
      a-x+b-x+c-x+d-x & x\leq a \\
      x-a+b-x+c-x+d-x & a< x\leq b \\
      x-a+x-b+c-x+d-x & b< x\leq c \\
      x-a+x-b+x-c+d-x & c< x\leq d \\
      x-a+x-b+x-c+x-d & x> d
   \end{cases}$
then $f'(x)=\begin{cases}
      -4 & x\leq a \\
      -2 & a< x\leq b \\
      0 & b< x\leq c \\
      2 & c< x\leq d \\
      4 & x> d
   \end{cases}$
From here on,i am stuck.Help me out

A: HINT: Forget derivatives. The number $f(x)$ is just the sum of the distances from $x$ to $a,b,c$, and $d$. Imagine starting $x$ somewhere to the left of $a$ and moving it to the right. Initially all four of the terms are decreasing. When $x$ passes $a$ and starts moving on to $b$, the distance from $x$ to $a$ increases, but the distance from $x$ to $b$ decreases at the same rate, so $|x-a|+|x-b|$ is constant. The distances from $x$ to $c$ and $d$ are decreasing, so $f(x)$ is still decreasing. Now continue this analysis as $x$ continues to move to the right.
Try to finish it on your own. If you get completely stuck, there's more information in the spoiler-protected block below.

 The function is decreasing to the left of $b$, constant on the interval $[b,c]$, and increasing to the right of $c$, so its minimum value, in terms of $a,b,c$, and $d$, is ... ?


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Local Legend Mikey Wechsler
Back to Stories
by Catherine Lutz
What makes a ski town unique? Its skiers, of course. Aspen's ski community, naturally, is full of interesting characters, of all generations and backgrounds — and no one better defines the local ethos than Mikey Wechsler.
Wechsler appears to have a typical Aspen story. A longtime local ski bum originally from Somewhere Else, he skis by day and works nights, waiting tables at the venerable Red Onion. He has an equal passion for both, he says (although clearly the career choice was driven by the recreational one).
Local Legend: Mikey Wechsler
But Wechsler is also one of just a handful of locals who use their season pass to the fullest — he skis all 140-plus days of the Aspen Snowmass season, and before and after at places like Loveland and Arapahoe Basin. He's a member of the Dogs of Bell, one of Aspen's oldest ski gangs, and can be seen every morning, first in line at the gondola, greeting almost everyone who arrives by name.
With his big toothy smile and relaxed deep voice, Wechsler has become somewhat of a jovial frontman for the old-time ski bum community, which can easily lean churlish at times. And given all of Aspen's changes over the years, there's something reassuring about seeing someone like Mikey, day after day and year after year, shredding Aspen Mountain with his friends, talking to acquaintances about that day's conditions, and clearly enjoying every minute.

Local Legend Aspen Snowmass: Mikey Wecshler
But there's more to Mikey Wechsler than a happy-go-lucky ski bum. In this video, he explains how skiing changed his life after a steep downward spiral, why for him it's like "mental floss," and above all, how the Aspen community sustains him.
"One of the amazing things about Aspen is people always have your back," he says. "That's what makes this place so special. That's why I'm still here."
And Aspen wouldn't be Aspen without people like Mikey.
Meet Other Local Legends
Local Legend: Katie Ertl
Local Legend: Coach Willie


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package com.intel.icecp.node.messages;

import com.intel.icecp.core.Message;
import java.util.ArrayList;
import java.util.List;

/**
 * Represent a list of feature permissions
 *
 */
public class PermissionsMessage implements Message {

    public String name;
    public List<Grant> grants = new ArrayList<>();

    // @Moreno: this represents a hash of the JAR (to connect the permissions to the module).
    public ModuleHash hash;

    public static class Grant {

        public String permission;
        public String target;
        public String action;
    }

    public static class ModuleHash {
        // Hash value of module's JAR file

        public byte[] moduleJarHash;
        // Algorithm used to produce the hash
        public String hashAlgorithm;
    }

}

redpajama_set_name: RedPajamaGithub


Infusion is a web and IT solutions company that has been operating since 2006. The company was founded by Kristoff Zammit Ciantar, shortly accompanied by Ivan Bonello – both of whom own and manage the company in its entirety. Infusion has grown steadily over the past years and now employs various resources including senior analysts, developers, technical architects and web designers.
Both Kristoff and Ivan are highly experienced within the document management sector in UK analysing and deploying document management systems for the likes of NHS, BT and Leicester City Council. Throughout this period both resources had worked with various systems such as Sharepoint, Hummingbird, Documentum and Kofax EB.
Having all this knowledge at hand both from a consumer aspect as well as from the technical aspect of document management systems led to the creation of Cabinet - a product that is nowadays competing with any other similar system on the market both from a cost as well as a functionality perspective.
Cabinet was launched on the market in 2013 and is now being used by clients in UK, Italy and Malta.


Disclaimer: The University of Central Oklahoma does not own rights to the linked social networking sites and therefore cannot enforce legal policies and procedures. While members of the UCO community post to public third party sites, the university is not responsible for the views, opinions and postings by others found on such sites. By following the links to any of the social networking sites listed below, you will exit the official UCO website and be directed to the respective social network.
Social networking has connected people across the globe. Social media not only connects students, faculty and staff, it also keeps your target audiences up-to-date on current events on campus they may be interested in. Use of social media can be a great tool for marketing promotions, contests and keeping your target audience engaged and informed. For more information about social media use and tips, ask the experts.
The Social Media Central directory compiles all official representations of UCO into one list. Individual student organizations are not represented. Interested in your college, department or area's social media being added to the directory?


From July the 20th to the 22nd 2018, the 45th National Conference of the Italian Acoustics Association, organized in collaboration with Arpa and the Order of Engineers, is based in the classrooms of the headquarters of the University of Valle d'Aosta. The Conference addresses the most current issues in the fields of analysis and control of environmental noise, sound quality in buildings and work environments, considering also the most recent developments in the regulatory field. Also this year, Vie en.ro.se. Engineering actively participates with 1 poster and 2 papers.


In the previous year, 2017 the solar industry of the United States lost more than about ten thousand jobs. The loss in solar jobs was led by great losses in mature markets like Massachusetts and California where the growth in the rate of installation has slowed down to a great extent. This was per the latest reports which were published on Wednesday. This was for the first time that employment has contracted in this industry which is a rapidly growing one since the non-profit research firm named The Solar Foundation started filling jobs in this particular field in the year 2010.
Employment in the solar field fell by 3.8 percent nationwide to about 250,271 jobs in the year 2017 from a high of about 260,077 jobs in the year 2016. The drop was noticed in both residential solar installations and utility scale along with industry irregularities regarding the tariffs on the solar panel that are imported. As per reports, these things were blamed for the loss of jobs in the solar sector.
The reports also mentioned that giving the example of the data of federal jobs that the employment on the solar industry simply outpaces the employment in coal, nuclear energy and wind industries. The number of solar installations in the United States drastically fell in the year 2017 as compared to the record-breaking year of 2016 as developers raced to take advantage of a federal tax credit which was set to expire in the year 2016. The credit was extended by Congress but still it takes some time for the companies to rebuild their projects pipelines.
In addition to this, the demand for the installation of residential systems drastically slowed down in the high performing markets of Massachusetts, California and Nevada because of the incentives which has become much less lucrative. Home solar also received a large setback after Tesla Inc. bought Solar City that resulted in putting the brakes on an aggressive expansion of the installer in part by the elimination of its large door to door sales operation. On the other hand, the solar industry reported a strong growth of jobs in the states of New Jersey, New York, Utah, Minnesota, Tennessee and Arizona. To sum up, there is an expectation that overall solar employment will resume its growth in the next year.


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Fire Drill Turns Fatal: Coimbatore College Student 'Forced' To Jump To Death
A 19-year-old college student died in Coimbatore district on Thursday, 12 July after she was forced to jump off the second floor of her private educational institute during a disaster preparedness drill.
Logeswari, a second year BBA student at the Kalaimagal College of Arts and Science, was made to sit on the ledge of the second floor, while other students from the college waited below with a safety net.
Video Shows Girl Not Ready to Jump
In a shocking video of the incident, an unidentified person can be seen pushing the student off a ledge even as she resists. The girl is clearly not ready to jump but is still given a push from the back. Her head then hits the sun shade on the first floor before falling on to safety net that her college mates were holding for her.
Terrified classmates who caught her, realised that she had become motionless and rushed her to a government hospital where she was pronounced dead. She suffered severe injuries to her head and neck. The Kalaimagal College of Arts and Science, according to the police, was preparing students for the steps they must take in case there was a fire.
Trainer Taken Into Remand
The police have filed a case under section 304(a) for causing death by negligence. The trainer Tr Arumugam has been remanded in for the death of the student, the investigating officer said. When asked if action will be taken against the college, the police claim that further investigation is required in the matter.
20 Students Part of Training Drill
Several students had already jumped successfully on to the safety net when the drill started at 3 pm. The college block where the training was being conducted had three floors and students were jumping off the second floor. A total of 20 students were part of the training drill which was announced 45 days back.
Investigating official to The News Minute A group from Chennai was conducting the training. They have done the same drill in several other colleges for the past five years. Several of them did it before her and nothing happened to them. This was an accident.
Logeswari is originally from Alandurai and her parents rushed to the hospital after being informed about the incident.
← Magic Leap's Disappointing Demo Could Be A Death Knell For AR
लाइव अपडेट , 12 घंटे से अधिक चले हाईवोल्टेज ड्रामे का अंत,मॉडल को बाहर निकाला →
A Suit of 5000 crore has filed against National Herald by Anil Ambani
कई राज्‍यों में बारिश का कहर जारी, सड़कों पर भरा पानी, जनजीवन प्रभावित
व्यापम घोटाले के व्हिसिलब्लोअर आशीष चतुर्वेदी को 15 दिन की जेल


text:
CGTN America is the Washington News Bureau for China Central Television ("CCTV") CGTN America is the Washington News Bureau for China Central Television ("CCTV"), which, through a division named the China Global Television Network ("CGTN"), offers multi-language news channels internationally, including a 24-hour English-language news channel that is broadcast to over 100 English-speaking countries, including the United States. This material is distributed by MediaLinks TV, LLC on behalf of CCTV. Additional information is available at the Department of Justice, Washington, D.C.
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What's at the bottom of the ocean? More than you might think: #RAZOR
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From setting up remote interviews to talking to scientists at the cutting edge of epidemiology and virology, Razor's science reporters have covered every aspect of the pandemic in detail. They've also managed to get out in the field again to meet with leading scientists and entrepreneurs in the fields of climate, sustainability, engineering and health. 🌍
Discover #Razor on Youtube: the science & technology show you need in your life 🚀 https://bit.ly/37yGZyQ
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