Warranty claims from a consumer perspective in the context of sales of goods. This thesis addresses the issue of claims under warranty by consumers, which I suppose every one of us has done at least once in our lifetime. This work is divided into four chapters and it aims to describe, in depth, the contemporary legal regulation of the provision § 19 of the Consumer Protection Act in connection with the provisions of the Civil Code, mainly its special provisions on the sale of consumer goods. The first chapter is concerned with the general definition of the regulation impacting this domain. Specifically, it introduces the consumer sales contract, its incorporation within the general regulation of sales contracts and it goes even further in referencing the EU legal regulations affecting consumer rights concerning faulty goods and certain aspects of warranty claims. In the second chapter I define the terms 'consumer', 'trader', 'goods' and 'faulty goods' in connection with the consumer purchase contract and its interpretation within the context of the Consumer Protection Act and the Civil Code. In the third chapter I define the most fundamental term of the thesis - that of a 'claim under warranty'. With respect to this term, I analyze the essentials of claiming under warranty. Specifically, they...

Thesis (M.B.A.)--Boston University / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-01

The main purpose of the research is to investigate and analyze the concept of fundamental breach of contract in international commercial contracts, and how its inclusion in Iraqi civil law can promote a more effective approach to contractual disputes between Iraqi companies and international partners. Additionally, it aims to raise awareness of the practical value of the application of the concept of fundamental breach in managing contractual disputes involving common and civil law, and ultimately provide a valid contribution to academic knowledge that promotes enhanced understanding of this concept within the different legal systems at a global level. The research method adopted is theoretically comparative in nature and compares the concept of fundamental breach of contract from the perspectives of the United Nations Convention's guidelines on Contracts for the International Sale of Goods 1980 (referred to hereafter as the CISG), English (Common) law and Egyptian (Civil) law. The study is based on the following research questions: i) reasons for the numerous cases of avoidance of international commercial contracts in Iraq due to a fundamental breach of terms; ii) The elements that constitute a 'fundamental breach' of contract; iii) Which legal systems could provide a comprehensive framework of reference to compare the different processes applied in breach of contract in selected case studies, to determine which, if any, is more effective in keeping contracts 'active'. iv) If the outcome of the comparisons could be applied more universally, in cases of arbitration in international commercial contracts, to bridge the differences in individual laws of the countries involved. The concept of fundamental breach is examined in-depth, including its origins, development, application and effectiveness in maintaining the active life of international commercial contracts. A comparison of its application is made within three different legal systems and the study concludes with a commentary on the outcomes of the comparative research, including any limitations and implications for international sales contracts involving different legal systems. Finally, recommendations are made, both for the Iraqi legislature and for future research. The key outcomes are that the CISG rules regarding fundamental breach appear to be more successful in upholding the validity of international commercial contracts than Common or Civil law. This can be attributed to the way in which the CISG tailored the concept of fundamental breach. To date, it has been ratified by 83 countries. Not only are its principles rooted in the two primary law systems (Common and Civil), but they are also significantly influenced by the doctrinal concepts that vary considerably across different national law systems. This suggests the CISG offers a greater degree of flexibility and harmony across the legal systems, and does not require any court order or ruling in instances of contract avoidance. Indeed, its greatest success lies in the flexibility of its principles due to the additional terms it provides in promoting the life of the contract; namely: additional period of time, partial avoidance, anticipatory breach and instalments contracts. There are limitations, however, despite the CISG rules providing a degree of flexibility. The definition of fundamental breach given in Art.25 is vague due to the generality of the terminology used by the CISG drafters. Unlike the trend of the 1998 Principles of European Contract Law and the 1994 UNIDROlT Principles of International Commercial Contracts, no examples are given to provide guidance on the exact meaning of the term. It is also noticeable that the CISG's notion of fundamental breach is more common law oriented. As a result, this may be a source of possible conflict in countries where civil law is adopted such as: Egypt, Iraq, Kuwait, Jordan, Libya, amongst others. The implications of adopting the CISG approach to determining fundamental breach in international commercial contracts are that contractual parties could incur delays and subsequent financial losses while disputes involving interpretation of its rules are resolved. Nevertheless, CISG principles governing fundamental breach are increasingly popular as the applicable law for international contracts, since they fulfill a primary goal of contract law to act in accordance with developmental requirements and changes. Contract law has to correspond to a growing economic need and be flexible in addressing emerging difficulties and shifting conditions. For this reason the CISG's principles are likely to continue to be adopted by contractual parties within the arena of International Trade. A necessary recommendation, however, concerns the terminology of the CISG rules on fundamental breach, which could benefit from being more specific in order to satisfy the demands of international commercial contracts that involve countries governed by common and civi11aw. In short, greater specificity is required in ascertaining the degree of seriousness, detriment, foreseeability and time of foreseeability in cases of contractual breach.Establishing an international body for resolving disputes stemming from the CISG is highly recommended. The given body could contribute greatly to reducing both the time and the cost resulting from such disputes. Reviewing the provisions of the CISG periodically is, therefore, highly advisable for making changes or establishing new rules applicable to the new developments in trade. The avoidance of contract in electronic trade contracts could represent an example where this would be necessary. However, more discussion is needed to elaborate on the development of the wording of the CISG principles in this respect. Finally, with regard to Iraq, its legislation would do well to make provision to include the concept of fundamental breach in accordance with the principles of the CISG. This reform is necessary since Iraq's existing law is no longer capable of properly addressing the special demands of international trade to ensure disputes are dealt with in a manner that is reliable, consistent, valid and fair to the contractual parties concerned.

Fung, Mang Yan. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2010. / Includes bibliographical references (p. 48-55). / Abstracts in English and Chinese. / Abstract --- p.4 / Chinese Abstract --- p.5 / Introduction --- p.6 / Study 1 --- p.16 / Method --- p.16 / Results --- p.21 / Discussion --- p.26 / Study 2 --- p.26 / Method --- p.28 / Results --- p.33 / Discussion --- p.41 / General Discussion --- p.42 / References --- p.48 / Appendix A --- p.56 / Appendix B --- p.58 / Appendix C --- p.63 / Appendix D --- p.65

Yu, Yikun. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2008. / Includes bibliographical references (p. 117-120). / Abstracts in English and Chinese. / Chapter 1 --- Introduction --- p.1 / Chapter 2 --- Literature Review --- p.6 / Chapter 3 --- System with Controllable Returns --- p.13 / Chapter 3.1 --- Problem Description --- p.13 / Chapter 3.2 --- The Model with Controllable Returns --- p.17 / Chapter 3.3 --- Numerical Experiments --- p.25 / Chapter 3.4 --- Summary --- p.34 / Chapter 4 --- System with Controllable Returns and Price Dependent Demand --- p.36 / Chapter 4.1 --- System without Disposals --- p.37 / Chapter 4.2 --- The System with Disposals --- p.40 / Chapter 4.3 --- Numerical Experiments --- p.47 / Chapter 4.4 --- Summary --- p.54 / Chapter 5 --- Conclusion --- p.56 / Chapter 6 --- Appendix --- p.58

This thesis identifies the price inconstancies between male and female consumer personal care products, such as razors and deodorants. Economic research suggests consumers purchase products based on their willingness to pay, which depends upon satisfaction granted from the product. If this is true, the question must be asked: what grants these consumers high satisfaction from product purchasing? To answer this question, this thesis investigates the rhetorical effect that stems from product design. Using a rhetorical criticism technique, I analyze how product design allows consumers to project their gender identity. I assert that consumers are interpellated to choose products based on their gender. Once this interpellation takes place, a constitutive rhetoric formed by the product’s design already assumes the consumer’s wants by embedding masculine or feminine ideologies. The analysis shows product design perpetuates clear gender dichotomy and fortifies the belief of gender binaries. / Includes bibliography. / Thesis (M.A.)--Florida Atlantic University, 2019. / FAU Electronic Theses and Dissertations Collection

Thesis (M.S.)--University of Missouri--Rolla, 2007. / Vita. The entire thesis text is included in file. Title from title screen of thesis/dissertation PDF file (viewed December 3, 2007) Includes bibliographical references (p. 29-31).

Physical distribution is one of the key functions in logistics systems, involving the flow of products from manufacturing plants or distribution centers through the network of transportation to consumers. The function is very costly, especially for the distribution industries. During the past decades, the significance of physical distribution has increased enormously in both economic and managerial aspects. Several firms have realized that an efficiency improvement and a cost control of physical distribution would provide a potential for cost reduction and hence profit improvement. However, the customer satisfaction cannot be disregarded, since the focus on reducing cost often decreases the customer service level in many cases. A compromised strategy which lowers the cost of physical distribution and accounts for customer satisfaction must be sought. In this research, an effort to improve distribution strategies and reduce the distribution cost for the multi-product, multi-depot periodic distribution problem is made, while maintaining the desired customer service levels. In industry practice, distribution centers typically operate independently within their own territories only. However, it may be beneficial to allow those distribution centers to operate interdependently, particularly when the product supplies are limited at some distribution centers. In such cases, the distributors may satisfy customers' requests by delivering products from other distribution centers that hold more supplies. The interaction of interdependent operations among distribution centers, which have not been used in the industrial applications so far, is investigated. A mixed-integer linear programming model is formulated to represent this multi-product, multi-depot periodic distribution problem. Three tabu-search heuristics with different applications of long-term memory are developed for solving the problem. The performance of the heuristics is evaluated by comparing the solutions obtained with the optimal solutions or lower bounds from the regular branch-and-bound method and fast lower-bound finding techniques developed in this research. The heuristics provide good-quality solutions in a much shorter time than those methods. The performance of the three tabu-search heuristics is compared using statistical experiments based on the randomized complete block design and Tukey's Honestly Significant Differences. The experimental results show that the tabu-search heuristic with the use of long-term memory for diversification process outperforms the others. The heuristic is further applied to investigate the impact of interdependent operations among distribution centers. The results reveal that the interdependent operations among distribution centers provide a significant cost saving over the independent operations among distribution centers, especially for large-size problems. / Graduation date: 2004

Graduation date: 1998

Ecological goods and services (EG&S) represent the benefits that humans derive from ecosystem functions. The private wealth implications of on-farm EG&S practices that promote wildlife habitat are determined for the Lower Souris River Watershed in South-eastern Saskatchewan. Monte Carlo simulation is used, coupled with NPV analysis, to examine the impacts of practices at a representative farm level. Linear programming is utilized to determine the farm wealth implications of imposing landscape targets across selected parts of the study area. In both models, implementing an EG&S policy or practice comes with costs to farm wealth. Potential exceptions include converting cropland to tame pasture, and EG&S enhancing herd management practices. However, without policy intervention there is continued conversion of native prairie, perennial forage, and lotic riparian landscapes to cropland. Imposing landscape targets preserves these landscape uses, but with a loss in private economic value ranging from $3,196 to $7,179 per quarter section. / Agricultural and Resource Economics