What happens when contracting parties do not expressly provide for a particular situation in their agreement? Is intervention by the courts or legislature to fill gaps in contracts justified? How should those gaps be filled? This book is unique in the way it combines comparative and theoretical perspectives to provide answers to these questions. From a comparative law perspective, relatively little attention has been given to the different interpretative and gap filling techniques available in different legal systems. A comparison of the approach to contract interpretation and gap filling in England, Germany and the Netherlands is therefore provided in this book. Comparative observations are also made in light of the CISG, PECL and the Unidroit Principles for International Commercial Contracts. This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled. The final part of this book builds on the comparative and theoretical perspectives to develop an interpretative and gap filling strategy that combines responses from contracting parties, the contracting community, the legislature and the courts.
Infrastructure bottlenecks have been identified as a key obstacle to growth affecting productivity and market efficiency, and hindering domestic integration and export performance. This paper assesses the state of Brazil’s infrastructure, in light of past investment trends and various quality and quantity indicators. Brazil’s infrastructure stock and its quality rank low in relation to that of comparator countries, chosen amongst main export competitors. We provide evidence that infrastructure affects domestic integration by analyzing price convergence of tradable goods across major cities. The government’s concession program will narrow part of the infrastructure gap, however, governance reforms will be crucial to improving investment efficiency.
Bridging the Family Care Gap explores expected future shortages of family caregivers of older persons and identifies potential solutions. The book examines the sustainability and availability of care management models and whether they can be effectively scaled up to meet community needs. It identifies newly emerging policy initiatives at local, state, and federal levels. The book addresses the state of family caregiving science, dissemination and implementation of promising programs and supports, technological innovations, and other strategies to offset the family care gap. This edited volume also explores lay healthcare workers as guides, interpreters, and advocates in healthcare systems that provide continuity of contact for family caregivers. Details threats to family caregiving-sociodemographic, chronic disease, and socioeconomic challenges Presents solutions to the caregiving gap in a systematic, synthesized manner Addresses the intersection of family caregiving and technology Discusses chronic disease management to offset and reduce the need for family caregiving Describes models of caregiver support in work settings Reimagines the delivery of long-term services and supports with novel initiatives
This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.
In Bridging the Gap from Rehab to Performance, physical therapist Sue Falsone walks the reader through the thought process and physical practice of guiding an injured athlete from injury through rehab and back to the field of play. To both health care professionals and strength and conditioning experts alike, she describes the path as her athletes move through pain and healing toward optimal function and advanced performance.
It is all about the opportunity as opposed to the challenges. Too often, leaders are overly focused on and thus defined by challenges and problems. Being defined by these challenges inevitably leads to collapse under their weight. In Bridging the Opportunity Gap, Arrey Obenson presents a paradigm shift for leaders, uncovering how to ascend to the next level and transform your organization or business. Told against the backdrop of a series of his own leadership experiences, Obenson offers a set of principles that enable leaders to achieve strategic goals. Using the power of stories spanning nearly two decades of leading change within his community and an international organization, Obenson challenges readers to think differently and focus on opportunities over challenges. By doing this and following the key principles laid out in the book, you will become a leader able to change the world.
The identification of gaps from systematic reviews is essential to the practice of ''evidence-based research.'' Health care research should begin and end with a systematic review. A comprehensive and explicit consideration of the existing evidence is necessary for the identification and development of an unanswered and answerable question, for the design of a study most likely to answer that question, and for the interpretation of the results of the study. In a systematic review, the consideration of existing evidence often highlights important areas where deficiencies in information limit our ability to make decisions. We define a research gap as a topic or area for which missing or inadequate information limits the ability of reviewers to reach a conclusion for a given question. A research gap may be further developed, such as through stakeholder engagement in prioritization, into research needs. Research needs are those areas where the gaps in the evidence limit decision making by patients, clinicians, and policy makers. A research gap may not be a research need if filling the gap would not be of use to stakeholders that make decisions in health care. The clear and explicit identification of research gaps is a necessary step in developing a research agenda. Evidence reports produced by Evidence-based Practice Centers (EPCs) have always included a future research section. However, in contrast to the explicit and transparent steps taken in the completion of a systematic review, there has not been a systematic process for the identification of research gaps. We developed a framework to systematically identify research gaps from systematic reviews. This framework facilitates the classification of where the current evidence falls short and why the evidence falls short. The framework included two elements: (1) the characterization the gaps and (2) the identification and classification of the reason(s) for the research gap. The PICOS structure (Population, Intervention, Comparison, Outcome and Setting) was used in this framework to describe questions or parts of questions inadequately addressed by the evidence synthesized in the systematic review. The issue of timing, sometimes included as PICOTS, was considered separately for Intervention, Comparison, and Outcome. The PICOS elements were the only sort of framework we had identified in an audit of existing methods for the identification of gaps used by EPCs and other related organizations (i.e., health technology assessment organizations). We chose to use this structure as it is one familiar to EPCs, and others, in developing questions. It is not only important to identify research gaps but also to determine how the evidence falls short, in order to maximally inform researchers, policy makers, and funders on the types of questions that need to be addressed and the types of studies needed to address these questions. Thus, the second element of the framework was the classification of the reasons for the existence of a research gap. For each research gap, the reason(s) that most preclude conclusions from being made in the systematic review is chosen by the review team completing the framework. To leverage work already being completed by review teams, we mapped the reasons for research gaps to concepts from commonly used evidence grading systems. Our objective in this project was to complete two types of further evaluation: (1) application of the framework across a larger sample of existing systematic reviews in different topic areas, and (2) implementation of the framework by EPCs. These two objectives were used to evaluate the framework and instructions for usability and to evaluate the application of the framework by others, outside of our EPC, including as part of the process of completing an EPC report. Our overall goal was to produce a revised framework with guidance that could be used by EPCs to explicitly identify research gaps from systematic reviews.
The journey of life becomes incomplete when a man jumps from the womb to the tomb, skipping the gap in between. It is tantamount to just existing without living. There is a gap in between the womb and the tomb that needs to be filled correctly. Filling this gap is the reason you are here and it is the reason for FILLIN THE GAP.It is written not just to open your eyes to see the gap but also to boot into you, the necessary action needed to fill the gap correctly. It will help you to live and not just exist, so that those who are credited to your account will be blessed and get fulfilled on your name. Your refusal to fill it correctly is an invitation to a strange and wrong filler.
