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Record W2530124281 · doi:10.5539/ass.v12n11p86

A Comparative Study of Concept and Bases of Frustration of Purpose Doctrine in Iranian and English Law

2016· article· en· W2530124281 on OpenAlexvenueno aff
Mohammad Maleki, Ali Mohammadzadeh

Bibliographic record

VenueAsian Social Science · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsFrustration of purposeFrustrationDoctrineObligationLawDeliberationDenialPolitical scienceClass (philosophy)Set (abstract data type)Law and economicsExclusion clauseBusinessPsychologySociologySocial psychologyComputer scienceContract managementEpistemologyPhilosophyPrivity of contract

Abstract

fetched live from OpenAlex

After the conclusion of contract its parties are obliged to perform their contract. If one of the contract parties does not enforce it by some reasons, the other party has the right to bind him to perform the contract. In some cases the non-performance of obligation is not based to the denial of obligator. In English Law, an idea under the title of discharge by frustration has been devoted to this issue and other reasons have been enumerated for it. In this between, Sometimes without the performance of contract is unenforceable, the conditions come into existence which the parties purpose of conclusion of contract are affected and the performance of contract for one or two parties become useless. In this case, the performance of contract is not encountered physically and legally with problem, but the parties intention of conclusion of contract is not within reach anymore. This issue has been set forth for discussion under the title of frustration of purpose and it is a part of the theory of discharge by frustration. In Iranian law, such a theory has not been recognized, but considering some articles of the Civil Code including articles 480,527,551 which seem the bases of this theory are rooted in them, one could believe in this theory in Iranian Law. In this article we intended with the use of reliable sources to have a deliberation in the concept and bases of frustration of purpose doctrine in Iranian and English law.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.005
metaresearch head score (Gemma)0.012
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.011
Threshold uncertainty score0.059

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.012
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0050.004
Science and technology studies0.0040.015
Scholarly communication0.0050.007
Open science0.0010.002
Research integrity0.0010.002
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.037
GPT teacher head0.351
Teacher spread0.314 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2016
Admission routes1
Has abstractyes

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