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Article
Publication date: 1 August 2005

David Greenwood, Keith Hogg and Stanley Kan

The normal way of dealing with damages for delay in a construction contract is to use a Liquidated and Ascertained Damages clause. Such clauses specify a preset sum to be…

Abstract

The normal way of dealing with damages for delay in a construction contract is to use a Liquidated and Ascertained Damages clause. Such clauses specify a preset sum to be due to the client for every day, week or month by which the contractor fails to meet the works completion date. However, the greater part of the value of construction work is actually carried out by subcontractors, and there is little or no published evidence as to how their contractual responsibilities for delays are determined and pursued. Theoretically, there are a number of possibilities (none of which is entirely satisfactory to both parties) and the logic and implications of each is discussed. A survey was conducted to discover the methods that are actually used, their incidence, and whether it was possible to relate the different approaches to the attributes of particular subcontractors or to specific situations. The most commonly encountered approach was for subcontract damages to be based upon a proportion of those set under the main contract. Interestingly, this is neither the approach incorporated within industry‐standard subcontract conditions, nor is it the one preferred by subcontractors. Furthermore, this method places considerable risks on the main contractor due to the possibilities of under‐recovery and the creation of secondary risks. This method, indeed all the methods that were encountered, seems to be the result of a rather uneasy compromise between the parties, the outcome of which may be related to their relative bargaining power.

Details

Journal of Financial Management of Property and Construction, vol. 10 no. 2
Type: Research Article
ISSN: 1366-4387

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Article
Publication date: 10 April 2017

Babak Taheri, Thomas Farrington, Keith Gori, Gill Hogg and Kevin D. O’Gorman

The purpose of this paper is to investigate the relationships between consumer motivations, their interactions with hospitality spaces and experiential outcomes. Enhancing…

Abstract

Purpose

The purpose of this paper is to investigate the relationships between consumer motivations, their interactions with hospitality spaces and experiential outcomes. Enhancing consumer experience is of clear interest to industry professionals. This quantitative study explores the impact of escapism and entitlement to leisure upon involvement in liminoid consumptions spaces, thereby contributing a theory of liminoid motivators within commercial hospitality.

Design/methodology/approach

This study adopts a quantitative methodology, using a survey of a sample of student nightclubbers in the UK. Data are analysed through Partial Least Squares.

Findings

Hospitality consumers are positively affected by the feelings of increased involvement experienced in consumption spaces that exhibit liminoid characteristics.

Research limitations/implications

Surveys involve potential for error regarding respondents’ ability to agree with questionnaire statements. Data collection was conducted in Scotland, and so, results may not be generalised to other commercial hospitality spaces outside of Scotland.

Practical implications

Hospitality consumers become more involved, and thereby more satisfied, in liminoid consumption spaces when motivated by escapism and entitlement to leisure. Attending to the liminoid motivators that drive consumers away from work and domesticity, and towards commercial hospitality spaces, will go some way towards creating the desired consumer experience.

Originality/value

This is the first quantitative study to investigate consumer motivations to escape and entitlement to leisure as antecedents of involvement in a commercial hospitality context. It develops a theory of hospitality consumption using the liminoid anthropological concept.

Details

International Journal of Contemporary Hospitality Management, vol. 29 no. 4
Type: Research Article
ISSN: 0959-6119

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Article
Publication date: 20 July 2010

Richard Lee, Jane Klobas, Tito Tezinde and Jamie Murphy

The purpose of this paper is to draw on self‐categorisation theory and nation branding to investigate the social identities and influences which underpin consumer…

Abstract

Purpose

The purpose of this paper is to draw on self‐categorisation theory and nation branding to investigate the social identities and influences which underpin consumer preferences for national brands.

Design/methodology/approach

A survey in Mozambique, an underdeveloped African country, compared a domestic mobile phone company whose brand contains the country name against a European brand. Consumer ethnocentrism might arise identifying with the national brand or with Mozambican personalities endorsing the brand. Value‐expressiveness might arise from consumers associating with celebrity endorsers. A dichotomy of youth versus older consumers moderated the relationships between social identities and brand preference. Bayesian structural equation modelling using Monte Carlo simulations estimated the path coefficients from a sample of 611.

Findings

Across age groups, ethnocentrism is stronger than value‐expressiveness in determining preference for national brands. Moreover, ethnocentrism is stronger with the older rather than younger consumers. Consumer ethnocentrism stemmed mainly from injunctive influence (IN) with both age groups. With older consumers, value‐expressiveness related significantly to descriptive influence, but not to IN. With youth, neither social influence significantly related to value‐expressiveness.

Research limitations/implications

Single‐item measures might be less effective than multi‐item measures for psychological concepts of social identities and influences.

Practical implications

Understanding the role of social identity in consumer preferences for national brands may help managers heighten consumers' social identities and increase their loyalty for national brands. Shedding light on under‐researched African consumers may help firms doing business in these emerging markets as well as African governments that are attempting to strengthen the perceptions of their nation brand.

Originality/value

This paper bridges research in social psychology and international marketing by investigating the social identities and influences that underpin consumer preferences for national brands.

Details

International Marketing Review, vol. 27 no. 4
Type: Research Article
ISSN: 0265-1335

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Article
Publication date: 12 November 2018

Donal Rogan, Maria Piacentini and Gill Hopkinson

Recent global migration trends have led to an increased prevalence, and new patterning, of intercultural family configurations. This paper is about intercultural couples…

Abstract

Purpose

Recent global migration trends have led to an increased prevalence, and new patterning, of intercultural family configurations. This paper is about intercultural couples and how they manage tensions associated with change as they settle in their new cultural context. The focus is specifically on the role food plays in navigating these tensions and the effects on the couples’ relational cultures.

Design/methodology/approach

A qualitative relational–dialectic approach is taken for studying Polish–Irish intercultural couples. Engagement with relevant communities provided multiple points of access to informants.

Findings

Intercultural tensions arise as the couples jointly transition, and food consumption represents implicit tensions in the household’s relational culture. Such tensions are sometimes resolved, but sometimes not, leading to enduring tensions. Dialectical movement causes change, which has developmental consequences for the couples’ relational cultures.

Research limitations/implications

This study shows how the ways that tensions are addressed are fundamental to the formation of a relational family identity.

Practical implications

Recommendations emphasise the importance of understanding how the family relational culture develops in the creation of family food practices. Marketers can look at the ways of supporting the intercultural couple retain tradition, while smoothly navigating their new cultural context. Social policy analysts may reflect on the ways that the couples develop an intercultural identity rooted in each other’s culture, and the range of strategies to demonstrate they can synthesise and successfully negotiate the challenges they face.

Originality/value

Dealing simultaneously and separately with a variety of dialectical oppositions around food, intercultural couples weave together elements from each other’s cultures and simultaneously facilitate both relational and social change. Within the relationship, stability–change dialectic is experienced and negotiated, while at the relationship’s nexus with the couple’s social ecology, negotiating conventionality–uniqueness dialectic enables them reproduce or depart from societal conventions, and thus facilitate social change.

Details

European Journal of Marketing, vol. 52 no. 12
Type: Research Article
ISSN: 0309-0566

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Article
Publication date: 1 June 2015

John Pardy and Lesley F. Preston

The purpose of this paper is to trace the restructure of the Victorian Education Department in Australia during the years 1980-1992. It examines how the restructuring of…

Abstract

Purpose

The purpose of this paper is to trace the restructure of the Victorian Education Department in Australia during the years 1980-1992. It examines how the restructuring of the department resulted in a generational reorganization of secondary schooling. This reorganization culminated in the closure of secondary technical schools that today continues to have enduring effects on access and equity to different types of secondary schooling.

Design/methodology/approach

The history is based on documentary and archival research and draws on publications from the State government of Victoria, Education Department/Ministry of Education Annual Reports and Ministerial Statements and Reviews, Teacher Union Archives, Parliamentary Debates and unpublished theses and published works.

Findings

As an outcome the restructuring of the Victorian Education Department, schools and the reorganization of secondary schooling, a dual system of secondary schools was abolished. The introduction of a secondary colleges occurred through a process of rationalization of schools and what secondary schooling would entail.

Originality/value

This study traces how, over a decade, eight ministers of education set about to reform education by dismantling and undoing the historical development of Victoria’s distinctive secondary schools system.

Details

History of Education Review, vol. 44 no. 1
Type: Research Article
ISSN: 0819-8691

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Book part
Publication date: 13 August 2018

Robert L. Dipboye

Abstract

Details

The Emerald Review of Industrial and Organizational Psychology
Type: Book
ISBN: 978-1-78743-786-9

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Book part
Publication date: 17 July 2007

Russell Cropanzano, Andrew Li and Keith James

In their chapter, Rupp, Bashshur, and Liao (this volume) have made an impressive contribution to the literature on multi-level justice. These authors have provided both a…

Abstract

In their chapter, Rupp, Bashshur, and Liao (this volume) have made an impressive contribution to the literature on multi-level justice. These authors have provided both a precise conceptual definition of justice climate and a measurement strategy (referent shift) that will greatly smooth the progress of future empirical inquiry. The goal of this commentary is to expand these important ideas by moving in two directions. First, we discuss what it means to be an individual when justice is experienced as a member of a team. Toward this end, we describe research on social identity theory and social categorization theory, emphasizing how these paradigms could further increase our knowledge. Second, we discuss two new manifestations of multi-level justice that have hitherto been neglected: intraunit justice (group perceptions regarding how team members generally treat one another) and interunit justice (perceptions regarding the way one group treats another). All of these multi-level justice concepts are organized into a new taxonomy.

Details

Multi-Level Issues in Organizations and Time
Type: Book
ISBN: 978-0-7623-1434-8

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Article
Publication date: 13 April 2015

Tony Garry and C. Michael Hall

Implicit within much of the migrant literature is an assumption that migrant flows are primarily motivated by economic differences. However, such an assumption raises…

Abstract

Purpose

Implicit within much of the migrant literature is an assumption that migrant flows are primarily motivated by economic differences. However, such an assumption raises three interesting questions. First, why would people wish to leave a country where income levels are relatively high, public services are extensive and the standard of living is well above global averages? Second, what are the socio-cultural attributes that might attract such potential migrant to a new domicile state? Third, how might this be reflected in consumptive attitudes and behaviours within their new domicile state? The paper aims to discuss these issues.

Design/methodology/approach

In order to investigate the answer to these questions, a two-stage qualitative research methodology incorporating photographic self-records and in-depth interviews is used to examine UK migrants’ decisions to migrate to New Zealand. Subsequently, the authors examine the celebration of Christmas in New Zealand by UK migrants to better understand meaning creation and re-creation of consumption activities within a new socio-cultural context informed by their decisions to migrate.

Findings

Findings suggest that with some lifestyle migrant groups, individualistic values and belief systems appear to play a significant role in determining consumptive attitudes and behaviours in their domicile states.

Originality/value

This research identifies how some migrant groups may adopt a more reflexive approach by undertaking a complex and sophisticated process of self and social identity construction reflective of their individualistic values and belief systems rather than the acceptance or rejection of their domicile culture.

Details

International Marketing Review, vol. 32 no. 2
Type: Research Article
ISSN: 0265-1335

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Article
Publication date: 1 June 1977

The connotations, associations, custom and usages of a name often give to it an importance that far outweighs its etymological significance. Even with personal surnames or…

Abstract

The connotations, associations, custom and usages of a name often give to it an importance that far outweighs its etymological significance. Even with personal surnames or the name of a business. A man may use his own name but not if by so doing it inflicts injury on the interests and business of another person of the same name. After a long period of indecision, it is now generally accepted that in “passing off”, there is no difference between the use of a man's own name and any other descriptive word. The Courts will only intervene, however, when a personal name has become so much identified with a well‐known business as to be necessarily deceptive when used without qualification by anyone else in the same trade; i.e., only in rare cases. In the early years, the genesis of goods and trade protection, fraud was a necessary ingredient of “passing off”, an intent to deceive, but with the merging off Equity with the Common Law, the equitable rule that interference with “property” did not require fraudulent intent was practised in the Courts. First applying to trade marks, it was extended to trade names, business signs and symbols and business generally. Now it is unnecessary to prove any intent to deceive, merely that deception was probable, or that the plaintiff had suffered actual damage. The equitable principle was not established without a struggle, however, and the case of “Singer” Sewing Machines (1877) unified the two streams of law but not before it reached the House of Lords. On the way up, judical opinions differed; in the Court of Appeal, fraud was considered necessary—the defendant had removed any conception of fraud by expressingly declaring in advertisements that his “Singer” machines were manufactured by himself—so the Court found for him, but the House of Lords considered the name “Singer” was in itself a trade mark and there was no more need to prove fraud in the case of a trade name than a trade mark; Hence, the birth of the doctrine that fraud need not be proved, but their Lordships showed some hesitation in accepting property rights for trade names. If the name used is merely descriptive of goods, there can be no cause for action, but if it connotes goods manufactured by one firm or prepared from a formula or compsitional requirements prescribed by and invented by a firm or is the produce of a region, then others have no right to use it. It is a question of fact whether the name is the one or other. The burden of proof that a name or term in common use has become associated with an individual product is a heavy one; much heavier in proving an infringement of a trade mark.

Details

British Food Journal, vol. 79 no. 6
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 20 February 2007

Keith M.C. O'Sullivan

Abstract

Details

Reference Reviews, vol. 21 no. 2
Type: Research Article
ISSN: 0950-4125

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