Thesis (doctoral)--Universität Breslau.

Thesis (doctoral)--Universität Greifswald.

Thesis (doctoral)--Universität Breslau.

Thesis (doctoral)--Universiẗat Hamburg, 2006. / Includes bibliographical references (p. xi-xxiii).

Os institutos clássicos do direito das obrigações, notadamente os conceitos de obrigação, adimplemento e inadimplemento precisam ser relidos à luz dos valores da Constituição Federal de 1988 e dos princípios e das cláusulas gerais trazidos pelo Código Civil de 2002, em especial a boa-fé objetiva. A noção tradicional de obrigação, consubstanciada na ideia de uma submissão do devedor ao credor, vem sendo paulatinamente abandonada em favor de um novo conceito de relação obrigacional, composto por direitos e deveres recíprocos que convergem para a consecução de um objetivo comum: o adimplemento. Assim examinado, o adimplemento consiste em um processo dinâmico dentro do qual o devedor deve executar uma série de atos e observar inúmeros deveres (principais, secundários e laterais) necessários ao adimplemento. Foi diante dessa premissa que a doutrina moderna começou a sustentar que a infringência de deveres de conduta e de deveres anexos ao longo da relação obrigacional pode configurar um inadimplemento antecipado do contrato, que se refere às hipóteses em que o inadimplemento resta configurado a despeito de ainda não se ter atingido o termo contratual. Esse estudo visará analisar o conceito e demonstrar a necessidade da consolidação do inadimplemento antecipado como um mecanismo de proteção do credor, examinando a sua possibilidade de aplicação no direito brasileiro, os seus requisitos, a sua natureza jurídica, os seus limites e os seus efeitos. / The classic institutes of contract law, notably the concepts of obligation, performance and breach of contract need to be reread pursuant to the values of the Federal Constitution of 1988 and the principles and general clauses brought by the Civil Code of 2002, in special the good faith. The traditional notion of obligation, based on the idea of the debtors submission to the creditor, has been gradually abandoned in favor of a new concept of obligatory relationship, composed of reciprocal rights and duties converging to achieve a common goal: performance. Thus, performance consists of a dynamic process in which the debtor must perform a series of acts and observe numerous duties (primary, secondary and lateral duties arising of good faith) necessary for performance. It was under this premise that modern legal scholars began to argue that any breach of duties along with the obligatory relationship can configure an anticipated breach of contract, which refers to cases in which the breach is affirmed before the contractual term. This essay aims to analyze the concept and demonstrate the need for consolidation of the anticipated breach as a creditor protection mechanism, examining its application possibility under Brazilian law, along with its requirements, legal status, limits and effects.

Drawing on expectation confirmation research, we develop hypotheses regarding the effect of compensation on key customer outcomes following a major data breach and consequent service recovery effort. Data were collected in a longitudinal field study of Sony customers during their data breach in 2011. A total of 144 customers participated in the two-phase data collection that began when the breach was announced and concluded after reparations were made. Using polynomial modeling and response surface analysis, we demonstrate that a modified assimilation-contrast model explained perceptions of service quality and continuance intention and a generalized negativity model explained repurchase intention. The results of our work contribute to research on data breaches and service failure by demonstrating the impacts of compensation on customer outcomes. We discuss theoretical and practical implications.

This thesis will examine the negotiation of kayfabe within the context of professional wrestling using a 2014 WWE storyline that arose from fan backlash as a primary text. The perceived marginalization of wrestler Daniel Bryan by the fans led to a disconnect between the narratives that were performed in-ring and the counter-narratives produced by the fans, which in turn led to an overtly co-authored narrative between in-ring performers and fans. In addition to studying the television narratives that characterize the “Yes Movement,” in WWE, I will analyze archived social media responses within fan communities on Twitter and Reddit to make sense of how professional wrestling fans constitute their collective identity and act upon their agency to alter live performances and narratives. This thesis will contribute to literature on professional wrestling specifically as well as performance studies and media studies about fandom in Communication. By analyzing the negotiation of kayfabe between professional wrestling audiences and performers, I will demonstrate how the Yes Movement backlash and eventual storyline illustrates the malleability of shared realities within subcultures.

An estimated 10% of the world's population lives in low-lying coastal regions, which are vulnerable to storm surge and waves capable of causing loss of lives and billions of dollars in damage to coastal infrastructure. Among the most vulnerable coastlines are barrier islands, which often act as the first line of defense against storms for the mainland coast. In this dissertation, the physical damage to a developed barrier island (Bay Head, NJ, USA) caused by erosion during Hurricane Sandy (2012) is evaluated using the numerical model, XBeach. Three main objectives of this work are to evaluate the wave-force reducing capabilities of a buried seawall, the effects of bay surge on morphological change and the effectiveness of adaptation strategies to rising sea levels. According to simulation results, a buried seawall located beneath the nourished dunes in Bay Head reduced wave attack by a factor of 1.7 compared to locations without a seawall. The structure also prevented major erosion by blocking bay surge from inundating dunes from the backside, as observed in locations not fronted with a seawall. Altering the timing and magnitude of bay storm surge, the buried seawall continued to protect the island from catastrophic erosion under all conditions except for a substantial increase in bay surge. However, in the absence of a seawall, the morpho- logical response was highly dependent on bay surge levels with respect to ocean side surge. Compared to the damage sustained by the island during Hurricane Sandy, greater erosion was observed on the island for an increase in bay surge magnitude or when peak bay surge occurred after peak ocean surge. Considering sea level rise, which affects bay and ocean surge levels, adaptation strategies were evaluated on the protection afforded to the dune system and backbarrier. Of the sea level rise scenarios and adaptation strategies considered, raising the dune and beach protected the island under moderate rises in sea level, but exacerbated backbarrier erosion for the most extreme scenario. Although an extreme strategy, raising the island is the only option considered that protected the island from catastrophic erosion under low, moderate and extreme sea level rise. / Ph. D.

Barrier islands can protect the mainland from flooding during storms through reduction of storm surge and dissipation of storm generated wave energy. However, the protective capability is reduced when barrier islands breach and a direct hydrodynamic connection between the water bodies on both sides of the barrier island is established. Breaching of barrier islands during large storm events is complicated, involving nonlinear processes that connect water, sediment transport, dune height, and island width among other factors. In order to assess the impacts barrier island breaching has on flooding on the mainland, we modified a storm surge model, GeoClaw, to impose a Gaussian bell-curve on the barrier island that opens during a hurricane simulation and deepened over time. We added a new method of generating storm surge with storm forcing inputs in the form of wind and pressure fields to expand GeoClaw's current utilization of best track information so that storm forcing from planetary boundary layer models can also be utilized in simulations. We created a statistical method to assess the sensitivity of mainland storm-surge to barrier island breaching by randomizing the location, time, and extent of a breach event across the barrier island at Moriches, NY. My results show that total mainland inundation is affected by the changes in location, size, timing and numbers of breaches. Total inundation has a logarithmic relationship with total breach area and breach location is an important predictor of inundation and bay surge. The insights from this study can help prepare shoreline communities for the differing ways that breaching affects the mainland coastline. The model updates created can also allow others to use this framework to study differing regions. Understanding which mainland locations are vulnerable to breaching, planners and coastal engineers can design interventions to reduce the likelihood of a breach occurring in areas adjacent to high flood risk. / Doctor of Philosophy / Storm surge is one of the most deadly and expensive parts of a hurricane. Storm surge can be reduced if a barrier island exists near the mainland coastline. The sand dunes, beach vegetation, and size of the island aid in reducing the waves and storm-surge generated by large storms. When a barrier island breaches it causes a channel of water that connects the ocean and the bay that separates the island from the mainland. This channel of water allows waves and storm surge to be directly pushed into the bay, increasing the storm surge along the mainland coast. Breaching is complex with many factors such as dune size and total island width determining when or where a breach will form. In order to study how breaching affects the mainland during a hurricane, we chose a program that simulates storm surge from a hurricane, made a simple breaching calculation that opens a hole in a sand dune on a barrier island so that the ocean and bay are directly connected and the storm surge can pass through this hole, and enabled the program to use storm data that is pre-computed rather than generated during the simulation. In order to understand how breaching impacts the mainland coast at Moriches, NY, we simulated a hurricane and varied the number, size, and time of different breaches. We learned that total of all breach dimensions has a linear relationship to the amount of coastal flooding up to a threshold, where the breaches cover most of the island. Coastal communities can use the results of this study to determine where to put interventions in place that will reduce the impacts of barrier island breaching, update flood risk maps, and warn community members of changes in their location's risk assessment. Additionally, other regions with barrier islands nearby can use the software updates we created to study their own regions and assess different risk patterns than this study.

This thesis focuses on remedies for a breach of the Contract of Sale of Goods under English and Saudi law, wherever the Contract is in the course of business. The primary aim of the thesis is to describe and analyse those remedies and how each of the above legal regimes has dealt with breaches. For this purpose, the remedies must be analysed to identify differences and similarities between the two regimes, while at the same time highlighting the weaknesses and strengths of each. In addition, the reasons why the two legal systems have adopted their respective approaches in favouring specific remedies will be considered, in order to determine whether there are any differences in the underlying legal principles affecting the de facto results for the Buyer and Seller. In so doing, the aim is to provide a detailed and ingenious analysis, which may be of assistance in understanding each regime.