Showing 3 results for Circumstance
Volume 17, Issue 4 (12-2013)
Abstract
Unforeseeable changed circumstances are one of the major problems of parties – especially those who are party to a long contract. None of the legal systems have accepted the performance of contract in new situation. There are various theories to answer these situations. In this article, we choose two important theories, namely Hardship and Force Majeure.
Hardship would be defined as a situation in which the contract would be too difficult to perform because of the change of circumstances and occurrence of unforeseeable events. The concept of Force Majeure providing for the discharge of one or both parties occurs when the performance of contract is impossible due to unforeseeable events beyond the control of the parties.
The concepts of Hardship and Force Majeure seem to be related to each other, specially that they both cater to the situations of changed circumstances and both of them have some same features. However, there are some differences between them. Hardship occurs where the performance of the disadvantaged party has become much more burdensome, but not impossible, wheras Force majeure means that the performance of contract becomes impossible at least temporarily. Furthermore, there are some other differences such as difference in the effect of these theory. In the theories of Hardship, the contractual relationship will continue with the adaptation mechanisms; but the Theory of Force majuer grants exemption with termination and suspension.
Volume 29, Issue 4 (6-2023)
Abstract
In the general context, the damages are divided into pecuniary and non-pecuniary (moral) damage. In principle, the pecuniary damage does not constitute a special difficulty, whether for evaluation or judgment by the court. But the difficulty arises when talking about moral (non-pecuniary) damage. This damage is imperceptible from a material point of view, and there are no adequate criteria for assessing it. Pain, defamation, and other examples related to non-pecuniary damage vary in magnitude and impact from one person to another.
To discuss this problem, we decided to study contiguous Legal systems with the aim of reaching a logical solution. Among the findings of this study is that the legal systems in Iran, Iraq, and Qatar granted the judge discretionary power in assessing compensation. However, at the same time, this authority determined that it presented the criterion of the circumstances as a guideline that the judge should refer to in order to assess the non-pecuniary damage. These legal systems differed among themselves regarding the obligation of the judge to take into account the seriousness of the defendant’s fault when evaluating.
Fariba Noori, Hayat Ameri, Sajad Noorian, Ferdows Aghagolzadeh, Mohammad Dabirmoghaddam,
Volume 31, Issue 2 (5-2024)
Abstract
Abstract
Objective: This study aims to find the most suitable type of oral narrative for assessing the transitivity system used by hearing-impaired students studying in ordinary schools with their hearing counterparts.
Methods: Three types of oral narratives, including personal narration, storytelling, and story improvisation were collected. The participants were eighteen hearing-impaired students (selected as an available sample) along with eighteen hearing students. Oral narratives were transcribed and analyzed using Halliday's transitivity system framework. And data analysis was carried out using SPSS 26 and based on the normality of the data in each of the transitivity indicators, two-independent samples t-tests and U Mann-Whitney tests were conducted.
Results: Findings revealed that all three types of oral narratives of hearing-impaired students contained transitivity indicators lower than average, this difference was significant for processes (p=0.047) and participants (p=0.029) in improvisation, and for circumstances only in Personal narrative (p=041). However, in the total three types of narratives, the median difference between the two groups is significant in all transitivity indices (p= 0.24, p=0.022, and p=0.001 for processes, participants, and circumstances respectively).
Conclusion: In light of the results of this research, the storytelling task, which is the most widely used form of assessment in communication disorders, cannot capture the narrative weaknesses of hearing-impaired students enrolled in regular schools, and it is necessary to use more spontaneous narrative tasks such as personal narration and improvisation of narrative in evaluating and rehabilitating these children.