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2119 Uppsatser om Contract terms - Sida 2 av 142
Ramavtalets civilrättsliga verkan. Frågor om avtalstrohet och osund strategisk anbudsgivning
The purpose of this thesis is to examine the nature of framework agreements in public procurement in Sweden. The main question is whether a contracting authority is obligated to place orders under a framework agreement when purchasing a product or service that is covered in that agreement and to what extent a contractor is obligated to accept such orders. If the answer to that first question is that an obligation does exist the next question to arise is what kind of consequences to expect when either party fails to meet that obligation. Of great importance is whether a contracting authority that hasn?t used an existing framework agreement is liable to pay damages to the contractor who according to the agreement had a right to deliver.
Friskrivningsklausuler i kommersiella standardavtal : En detaljstudie angående harmoniseringen av avtalsrätten inom EU
During the later half of the 20th century standard form contracts began to be used more frequently in contract situations. This trend has been consistent and in today?s world numerous commercial parties employ such contracts in their business transactions. The reasons for the extended use of standard form contracts are the benefits that can be obtained for the parties such as time efficiency, effectiveness and price advantages. Standardised contracts often regulate certain issues of the contract for example the way of delivery, remedies and complaints.
Funktionsentreprenad för beläggning och vägmarkering
This report is written in cooperation with the Swedish National Road Administration South-Eastern Region in Jönköping. The report is a result of the evaluation to give an answer to the question about how well the function contract has been carried out on the E4 in Östergötlands and Jönköpings län. The evaluation is divided in two hard parameters and one soft.The Swedish National Road Administration is interested in knowing how the standard on the road have been changed during the functions period, which is the reason why the first hard parameter is considering road standard. To evaluate the standard there have been a comparison of values from measures taken every year on the current road stretch. The second hard parameter considers economy.
Elektronisk signatur : Hur säkra är elektroniska signaturer ur avtalsrättslig synpunkt?
Communication between parties in an important process in their relationship can be based on a contract. This communication can for exemple be composed by a handwritten contract or an electronic contract. Contract law makes no difference between these two forms. to create more favourable requirements for commencing a contract or an ongoing contract there are possibilities to use standard agreements. Therefore a contract can be based on the will of the parties or on a standard agreement.An electronic signature shall secure that electronic transferred information has not been altered and also to identify the sender of the information.
Informationsplikten i försäkringsavtalslagen : Uppfylls syftet med informationen?
This thesis treats the information the insurance company is going to give the policyholders just before the insurance is to be concluded and soon thereafter. The purpose for the essay is to investigate whether the mentioned information can be considered to meet the purpose referred to its establishment. The investigation will also show if the penalty for not upholding this obligation is reasonable in relation to the aim the duty to inform the policyholders is meant to uphold.Information to be provided before the contract is concluded should facilitate the choice of insurance. The information to be given to the policyholders as soon as possible after the contract is concluded should be given as a form of confirmation and information on conditions that has not been stated before. The purposes that have been mentioned is for both the information to consumers and companies.The conclusion that can be made after the analysis is that the information is of great importance for the policyholder, both for consumers and companies.
"... människan kan förändras om man ger den verktyg" - En kvalitativ studie av elva frivårdsinspektörers synsätt på kontraktsvårdsutredningar för drogmissbrukare
The object of this essay was to illustrate and analyse what determines that a contract treatment investigation for a drug addict is initiated and what factors influence the investigation itself, from the probation service officer's perspective.We selected the following two questions:- What does the probation service officer see as being the deciding factor for a contract treatment investigation to be initiated?- What questions appear in a contract treatment investigation and how do they influence the investigation, according to the probation service officer?To find answers to these questions we conducted interviews with 11 probation service officers, during November and December 2005, at three different locations across Skåne. We decided to use the qualitative method for collecting the data we needed.In our essay we came to the conclusion that the will and motivation of the client is a deciding factor whether or not a contract treatment investigation is to be initiated. An important collaborator in this process is the social services. According to the probation service officers, many of the problems that may appear in the co-operation are due to the tough economic constraints experienced by the social services.
Avtalsgodkännande på Facebook : En kvalitativ studie kring varför den enskilda individen ignorerar det elektroniska avtalet
Around the year 2007, several news segments appeared in the Swedish media with focus on the social website Facebook. At the time, an increasing number of people in Sweden started to join the social platform and accepted the terms of contract to get access of the website, without further consideration of what they were agreeing to. This resulted in some private individuals felt violated when it turned out that major points of the contract entail that user?s private information, photos, videos and other publications that was shared on the website, were considered property of Facebook cooperation. Even though this incident made users more aware of what they should, and should not publish on the website, the episode did not result in users closing there accounts on Facebook.
Gärningskvinnan : en textanalys av mediers framställning av den kvinnliga brottslingen.
My work is based on a text analysis of media production of the female offender. I found it interesting how women were presented as victims rather than perpetrators. The media have in recent years grown tremendously and this also impacts on people and what is important. The notion of how a woman should be and how a female offender should be is extreme. The material for my work is articles found on the Internet in daily newspapers websites.
Två frivårdskontors syn på den procentuella skillnaden, vad gäller kontraktvårdsdomar
The aim of this paper is to spread some light over contract treatment from the perspective of the District Courts, Social Services and Probation Services, and understand the reason for local variation of the number of people sentenced to contractual treatment.Essential questions asked in this paper are; What advantages and disadvantages are known by the cooperating parties regarding contract treatment in comparison to prison? What parameters are considered when the cooperating parties decide upon contract treatment? What impact does the shared responsibility of cost have? What do the respondents think is the reason for the local variation?In order to answer the essential questions a qualitative and descriptive method has been used to highlight the main question of our study; What is the reason for the local variation in number of contract treatment sentences in Halmstad and Ystads district courts?The paper shows that the local variation between the Probation Services districts is dependent on the conditions to propose a contract treatment. In Halmstad it is not conditioned for the Probation Services to have a responsibility agreement with the Social Services to the same extent as for the Probation Services in Ystad..
Upplevelsen av anställningsrelationen under en outsourcingprocess
This study explores employees subjective experience of their employment relation before and during an outsourcing process and has its starting point in the concept of the psychological contract. Eight employees, in the process of being outsourced, were interviewed. The focus was on ?the employees? individual experiences and stories about the subjective and perceived employment relationship. Data were analyzed using basic qualitative analysis.
Kapitaltäckningsgarantier : Krav på avrop eller automatiskt utlösande?
If an enterprise lacks capital it might be in desperate need of capital contribution to avoid liquidation. One solution to restore the economic balance, is to construct a contract in which the enterprise ensures that capital contribution will be made on given conditions. The purpose with this thesis is to analyze different ways to establish such agreements.A capital contribution can be triggered by a call-off from the board of directors to the contributor, or automatically, when the shareholders? equity falls below 50 percent of the registered capital stock. In the literature, the latter is represented as the most adaptable.
Kontraheringsplikt inom förmögenhetsrätten ? Avtalsfrihetens gränser
Swedish contract law is based on the main principle of freedom of contract, which means that a contract is built on a voluntary agreement of both parties. There are exceptions from the principle of freedom of contract. In some instances a party is obliged to contract (kontraheringsplikt), which also is the subject for this paper. Kontraheringsplikt can be described as an obligation for one of the parts in a relation to come to an agreement under normal circumstances with everyone who ask for it. The cases of kontraheringsplikt are rather different.
Lissabon Fördraget : Värnet mot Globaliseringen?
Dissertation in political science, C-level by Niklas Andersson, Spring Semester 2009. Tutor: Arne Larsson?The Treaty of Lisbon ? The Defence against Globalization??In the modern world globalization have undermined the nation-state and left it without the right measurements to adequately deal with the social and economic unrest that follows in its way. The states, built on contract theories, have an obligation to protect its citizens from the state of nature which seems to have failed as globalization has changed the rules.The purpose of this dissertation is to examine the contract theories of Thomas Hobbes, John Locke, Jean-Jacques Rousseau and John Rawls to identify the elements of a state and create a modern and ideal contract theory. The treaty shall then be used on the Treaty of Lisbon as it can be seen as a contract between the European states to create an entity in the shape of the European Union with the power to defend Europe from the unrest created by globalization.My question for this was as follows:Is the new treaty for the European Union acceptable as a new social contract according to the social contract theories?During my research the following criteria?s for a social contract was found:1.
Indexeringskonsistens: En litteraturgenomgång och en undersökning i LIBRIS
The aim of this thesis is to investigate indexing consistency in LIBRIS, a Swedish national union catalogue, where searches can be carried out among almost five million titles. To calculate consistency, indexing terms of translations and indexing terms of documents in their original language have been compared. I have used a total of 100 such pairs in the study. There is a lot of different methods that can be used when consistency is calculated, in this study Hoopers and Rollings methods have been used since they are two of the most commonly methods used and also have the advantage of being fairly simple to use and understand. In the thesis, differences in consistency between indexing terms consisting of names and general indexing terms and differences in consistency between controlled indexing terms and uncontrolled indexing terms are also compared.
Något om misstag inom avtalsrätten : särskilt om gränsdragningen mellan förklaringsmisstag och motivvillfarelse
According to Swedish contract law, a mistake in contract can be categorized as either an error concerning the content of the agreement or an error in motive. An error concerning the content of the agreement could be described as a divergence between a party?s intent and his declaration, while an error in motive is a mistake about the reasons why a party would like to agree to the contract. The borderline between these two types of mistakes is based on Savigny?s theories on echt (error in motive) and unecht (error in content) mistakes.