• Title/Summary/Keyword: Honesty in Fact

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The Principle of Good Faith under Uniform Commercial Code (미국 통일상법전상 신의성실의 원칙)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.135-178
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    • 2014
  • The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

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A study on the Interpretation of Modernity & Contemporary in University Educational Projects of Fumihiko Maki - Focus on Steinberg Hall and Kemper Art Museum in Washington University in St. Louis - (후미히코 마키(Fumihiko Maki)의 대학교육시설에서 근대성과 현대성의 해석에 관한 연구 - 세인트 루이스 워싱턴 대학의 스타인버그 홀과 켐퍼 아트 뮤지움을 중심으로 -)

  • Lim, Jong-Yup
    • Journal of the Korean Institute of Educational Facilities
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    • v.21 no.4
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    • pp.31-40
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    • 2014
  • The modern day architectural giant, Maki Fumihiko, has lived through both the early and the more recent modernism, Contemporary. In the 1950's he was faithful to the spirit that was founded on the early modernity, Metabolism. In his later years in the 2000's, his style can be distinguished into Neo-Modernism which was based on local influence. The educational system at Washington University and the modern city of Saint Louis carries the continuation of Fumihiko Maki's early and later architectural career. Steinberg Hall and Kemper Art Museum have been built adjacent to each other in an extended period of time. These two projects encompass the changes in the era that has gone through modernism, transformation of an architect's career, and the maturation of the university. Steinberg Hall carries the ideal and the spirit of young Fumihiko Maki, therefore, the basic platform of experimentation of the early Metabolist has been applied. Spatial theory that concentrates on the integration of relations is also evident in this project. In contrast, Kemper Art Museum expresses the work of a 78 year-old veteran from the perspective of Neo-Modernism. This piece focuses on the internal space through the coexistence of a variety of space, and with that it notably interprets the integration of the pieces to the whole as a set theory. The partial change that we see is the evidence of the change in the early and the later modernism, while maintaining the innocence and the spirit of it. This is to highlight the fact that, ultimately, the goal of architecture is to secure the human race's honesty and their freedom expressed through space.

Study on the Placeness of Geoffrey Bawa's Architecture - Focus on the Analysis of Lunuganga - (제프리 바와 건축의 장소적 특성에 관한 연구 - 루누강가 작품분석을 중심으로 -)

  • Lee, In-Su;Lee, Jung-Wook;An, Eun-Hee
    • Korean Institute of Interior Design Journal
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    • v.23 no.3
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    • pp.39-47
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    • 2014
  • This study was initiated by the fact that modern architecture caused the loss of placeness by seeing place with wrong interpretation and method and provided people with a phenonenon of separation between the depth of experience and honesty. As a solution for such problems, this study intended to suggest a direction through an analysis on the works of Geoffrey Bawa who was recognized as 'a genius of place' and the investigation on the place characteristics of his representative work 'Lunuganga'. Its process was as follows; First, this study explored the characteristics of the place, Sri Lanka, which was the background of his architectures, to see its impact on his life and architecture. Second, based on his representative works of each period and the contents that he mentioned in literature, the general characteristics appearing in his architectures were identified. Third, through an analysis on the work, Lunuganga, the place characteristics appearing in his architectures were investigated. Through such process, it could be recognized that Geoffrey Bawa's architectures reveal the place characteristics as nature, place characteristic as journey and stay, and place characteristic as sense. In this study, it could be verified that place was integrated and applied to Geoffrey Bawa's architectures through the above characteristics and the spaceness was manifested. Through this, this study intended to suggest an orientation for the above problems.