• 제목/요약/키워드: Contact Law

검색결과 208건 처리시간 0.025초

FIDIC의 EPC/Turnkey 프로젝트용 표준약관(標準約款)에 관한 연구(硏究) (A Study on the FIDIC's Conditions of Contract for EPC/Turnkey Projects)

  • 최명국
    • 무역상무연구
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    • 제18권
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    • pp.189-218
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    • 2002
  • The EPC/Turnkey Contract goes to the extreme in allocating risks to the contractor and depending on the types of project, this may be regarded as unacceptable. It has also gone to the extreme in the extent to which the contractor is responsible for the specification and design of the Works. The employer is not responsible for correctness of any information provided by him nor for correctness of any specification or other matter included in the Employer's Requirements, except the definition of the intended purpose and criteria for testing and performance. With such conditions it is surprising that the employer is entitled to interfere in the contractors performance to an extent that is close to what is norm for a construction contract with employer design and with normal risk allocation. The combination of risk allocation and inappropriate administrative provisions makes the EPC/Turnkey Contract a document that will meet severe resistance from contractors. It is also likely that employers will see the risks and difficulties from their own perspective. It is a fiction that the EPC/Turnkey Contract will give the employer a contact with a certainty of final price and completion date. It is not a fiction that the EPC/Turnkey Contract carries many seeds for disputes between the parties. The Orange Book has become an accepted document even if it clearly contains some weaknesses. Some of these have been corrected in the Plant Contract. In my opinion FIDIC should let users become more familiar with the Plant Contract as a follow up to the Orange Book.

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CISG상 계약의 성립에 관한 연구 - 서울고법 2013.7.19. 선고 2012나59871 판결을 중심으로 - (A Study on the Formation of Contract under CISG - Focus on Emerging Display Technologies v. Fine Digital Inc.-)

  • 강호경
    • 무역상무연구
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    • 제63권
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    • pp.3-24
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    • 2014
  • This paper focuses on the formation of contract under CISG through the case by the Korean court. Under the CISG, an offer means that a proposal for concluding a contact constitutes the offer, if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. An acceptance is statement made by or other conduct of the offeree indicating assent to an offer, and this statement purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance. In practice, parties negotiate for lots of contract terms to conclude the contract, and the last reply indicating of assent which is made by statement or other conduct to a proposal for concluding a contract would be an acceptance. At this time the most important factor is the intention of parties whether they intend the offer or the acceptance, Purchase order by buyer or Offer Sheet by seller would be understand as condition precedent for the formation of contract. Nevertheless, keep in mind that the Korean court is consistent in the way Purchase order by buyer or Offer Sheet by seller is an acceptance to conclude contract.

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팽창성 암석절리의 개별요소 모델링에 관한 연구 (A Study on Distinct Element Modelling of Dilatant Rock Joints)

  • 장석부;문현구
    • 터널과지하공간
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    • 제5권1호
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    • pp.1-10
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    • 1995
  • The behavior of a jointed rock mass depends mainly on the geometrical and mechanical properties of joints. The failure mode of a rock mass and kinematics of rock blocks are governed by the orientation, spacing, and persistence of joints. The mechanical properties such as dilation angle, shear strength, maximum closure, strength of asperities and friction coeffiient play important roles on the stability and deformation of the rock mass. The normal and shear behaviour of a joint are coupled due to dilation, and the joint deformation depends also on the boundary conditions such as stiffness conditons. In this paper, the joint constitutive law including the dilatant behaviour of a joint is numerically modelled using the edge-to-edge contact logic in distinct element method. Also, presented is the method to quantify the input parameters used in the joint law. The results from uniaxial compression and direct shear tests using the numeical model of the single joint were compared to the analytic results from them. The boundary effect on the behaviour of a joint is verified by comparing the results of direct shear test under constant stress boundary condition with those under constant stiffness boundary condition. The numerical model developed is applied to a complex jointed rock mass to examine its performance and to evaluate the effect of joint dilation on tunnel stability.

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자율주행차의 대중화와 제조물하자에 관한 중재가능성 (Popularization of Autonomous Vehicles and Arbitrability of Defects in Manufacturing Products)

  • 김은빈;하충룡;김응규
    • 한국중재학회지:중재연구
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    • 제31권4호
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    • pp.119-136
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    • 2021
  • Due to the restriction of movement caused by the Corona epidemic and the expansion of the "big face" through human distance, the "unmanned system" based on artificial intelligence and the Internet of Things has been widely used in modern life. "Self-driving," one of the transportation systems based on artificial technology, has taken the initiative in the transportation system as the spread of Corona has begun. Self-driving technology eliminates unnecessary contact and saves time and manpower, which can significantly impact current and future transportation. Accidents may occur, however, due to the performance of self-driving technology during transportation albeit the U.S. allows ordinary people to drive automatically through experimental operations, and the product liability law will resolve the dispute. Self-driving has become popular in the U.S. after the experimental stage, and in the event of a self-driving accident, product liability should be applied to protect drivers from complicated self-driving disputes. The purpose of this paper is to investigate whether disputes caused by defects in ordinary cars can be resolved through arbitration through U.S. precedents and to investigate whether disputes caused by defects in autonomous cars can be arbitrated.

Numerical study of mono-strand anchorage mechanism under service load

  • Marceau, D.;Fafard, M.;Bastien, J.
    • Structural Engineering and Mechanics
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    • 제18권4호
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    • pp.475-491
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    • 2004
  • Anchorage devices play an important role in post-tensioned bridge structures since they must sustain heavy loads in order to permit the transfer of the prestressing force to the structure. In external prestressing, the situation is even more critical since the anchorage mechanisms, with the deviators, are the only links between the structure and the tendons throughout the service life of the structure. The behaviour of anchorage devise may be studied by using the finite element method. To do so, each component of the anchorage must be adequately represented in order to approximate the anchor mechanism as accurately as possible. In particular, the modelling of the jaw/tendon device may be carried out using the real geometry of these two components with an appropriate constitutive contact law or by replacing these components by a single equivalent. This paper presents the numerical study of a mono-strand anchorage device. The results of a comparison between two different representations of the jaw/tendon device, either as two distinct components or as a single equivalent, will be examined. In the double-component setup, the influence of the wedge configuration composing the jaw, and the influence of lubrication of the anchor, will be assessed.

MPI를 이용한 판재성형해석 프로그램의 병렬화 (Parallelization of sheet forming analysis program using MPI)

  • 김의중;서영성
    • 대한기계학회논문집A
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    • 제22권1호
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    • pp.132-141
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    • 1998
  • A parallel version of sheet forming analysis program was developed. This version is compatible with any parallel computers which support MPI that is one of the most recent and popular message passing libraries. For this purpose, SERI-SFA, a vector version which runs on Cray Y-MP C90, a sequential vector computer, was used as a source code. For the sake of the effectiveness of the work, the parallelization was focused on the selected part after checking the rank of CPU consumed from the exemplary calculation on Cray Y-MP C90. The subroutines associated with contact algorithm was selected as targe parts. For this work, MPI was used as a message passing library. For the performance verification, an oil pan and an S-rail forming simulation were carried out. The performance check was carried out by the kernel and total CPU time along with theoretical performance using Amdahl's Law. The results showed some performance improvement within the limit of the selective paralellization.

광조형법을 이용한 고분자 리소그래피에 관한 연구 (A Study on the Polymer Lithography using Stereolithography)

  • 정영대;이현섭;손재혁;조인호;정해도
    • 한국정밀공학회지
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    • 제22권1호
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    • pp.199-206
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    • 2005
  • Mask manufacturing is a high COC and COO process in developing of semiconductor devices because of mask production tool with high resolution. Direct writing has been thought to be the one of the patterning method to cope with development or small-lot production of the device. This study consists two categories. One is the additional process of the direct and maskless patterning generation using SLA for easy and convenient application and the other is a removal process using wet-etching process. In this study, cured status of epoxy pattern is most important parameter because of the beer-lambert law according to the diffusion of UV light. In order to improve the contact force between patterns and substrate, prime process was performed and to remove the semi-cured resin which makes a bad effects to the pattern, spin cleaning process using TPM was also performed. At a removal process, contact force between photo-curable resin as an etching mask and Si wafer is important parameter.

Geometrically nonlinear analysis of sandwich beams under low velocity impact: analytical and experimental investigation

  • Salami, Sattar Jedari;Dariushi, Soheil
    • Steel and Composite Structures
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    • 제27권3호
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    • pp.273-283
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    • 2018
  • Nonlinear low velocity impact response of sandwich beam with laminated composite face sheets and soft core is studied based on Extended High Order Sandwich Panel Theory (EHSAPT). The face sheets follow the Third order shear deformation beam theory (TSDT) that has hitherto not reported in conventional EHSAPT. Besides, the two dimensional elasticity is used for the core. The nonlinear Von Karman type relations for strains of face sheets and the core are adopted. Contact force between the impactor and the beam is obtained using the modified Hertz law. The field equations are derived via the Ritz based applied to the total energy of the system. The solution is obtained in the time domain by implementing the well-known Runge-Kutta method. The effects of boundary conditions, core-to-face sheet thickness ratio, initial velocity of the impactor, the impactor mass and position of the impactor are studied in detail. It is found that each of these parameters have significant effect on the impact characteristics which should be considered. Finally, some low velocity impact tests have been carried out by Drop Hammer Testing Machine. The contact force histories predicted by EHSAPT are in good agreement with that obtained by experimental results.

Roe의 Flux-difference Splitting 기법을 이용한 자유표면 유동 모사 (Numerical Simulation of Free Surface Flows Using the Roe's Flux-difference Splitting Scheme)

  • 신상묵;김인철;김용직
    • 대한조선학회논문집
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    • 제47권1호
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    • pp.11-19
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    • 2010
  • A code is developed to simulate incompressible free surface flows using the Roe's flux-difference splitting scheme. An interface of two fluids is considered as a moving contact discontinuity. The continuities of pressure and normal velocity across the interface are enforced by the conservation law in the integral sense. The fluxes are computed using the Roe's flux-difference splitting scheme for two incompressible fluids. The interface can be identified based on the computed density distribution. However, no additional treatment is required along the interface during the whole computations. Complicated time evolution of the interface including topological change can be captured without any difficulties. The developed code is applied to simulate the Rayleigh-Taylor instability of two incompressible fluids in the density ratio of 7.2:1 and the broken dam problem of water-air. The present results are compared with other available results and good agreements are achieved for the both cases.

A Campus Community-based Mobility Model for Routing in Opportunistic Networks

  • Pan, Daru;Fu, Min;Sun, Jiajia;Zou, Xin
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • 제10권3호
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    • pp.1034-1051
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    • 2016
  • Mobility models are invaluable for determining the performance of routing protocols in opportunistic networks. The movement of nodes has a significant influence on the topological structure and data transmission in networks. In this paper, we propose a new mobility model called the campus-based community mobility model (CBCNM) that closely reflects the daily life pattern of students on a real campus. Consequent on a discovery that the pause time of nodes in their community follows a power law distribution, instead of a classical exponential distribution, we abstract the semi-Markov model from the movement of the campus nodes and analyze its rationality. Then, using the semi-Markov algorithm to switch the movement of the nodes between communities, we infer the steady-state probability of node distribution at random time points. We verified the proposed CBCNM via numerical simulations and compared all the parameters with real data in several aspects, including the nodes' contact and inter-contact times. The results obtained indicate that the CBCNM is highly adaptive to an actual campus scenario. Further, the model is shown to have better data transmission network performance than conventional models under various routing strategies.