US – #WeeklyAddress July 31 – August 6: New York Times journalist harassed for past tweets

first_img Facebook’s Oversight Board is just a stopgap, regulation urgently needed, RSF says WhatsApp blocks accounts of at least seven Gaza Strip journalists June 3, 2021 Find out more News This is one of six “fake news” tweets Trump wrote in the past week. On July 31 he called the media “totally unhinged” and on August 2 he again called the “fake news” media the “enemy of the people.” RSF_en Below are the most notable incidents regarding threats to press freedom in the US during the week of July 31 – August 6: New York Times journalist harassed for past tweets The White House held only three press briefings—for a total of 58 minutes—in the month of July. The length and quantity of White House press briefings have seen a consistent decrease throughout the Trump presidency. From January to June, the average length of press briefings declined from 30 minutes to just under 17 minutes. Help by sharing this information A Detroit man faces felony charges after attacking journalists who were reporting on a fatal crash during the morning hours of August 2. According to reports, the attacker, Edmund Gilliam, used a metal pole to threaten WXYZ and WWJ reporters, eventually striking and damaging the windshield and mirror of both news vans. Reporter Mike Campbell was in the middle of a live broadcast when the vandalism occurred. Police found the suspect walking nearby but were met with resistance, prompting the officers to taze and arrest the man after he struck one officer with a piece of concrete. Gilliam is being charged with multiple counts of felonious assault, multiple counts of malicious destruction of property, obstructing a police officer, and resisting. Follow the news on United States Journalist harassed, stalked by potential source United StatesAmericas to go further President Trump and his son, Eric Trump, retweeted a video of rally-goers heckling Acosta. For the latest updates, follow RSF on twitter @RSF_en. In an August 1 press briefing, White House Press Secretary Sarah Sanders asserted that journalists were responsible for impeding US intelligence agencies in the years leading up to the 9/11 attacks, a falsehood which has previously been debunked. “One of the worst cases was the reporting on the US ability to listen to Osama bin Laden’s satellite phone in the late 90s. Because of that reporting, he stopped using that phone and the country lost valuable intelligence.” The press secretary was attempting to rebut a question posed to her regarding the conduct of President Trump supporters who berated journalists at recent rallies. The bin Laden incident that Sanders referred to was widely refuted years ago. Detroit man attacks, vandalizes news van Receive email alertscenter_img June 7, 2021 Find out more Sarah Sanders blames journalists for leaks about bin Laden in the ‘90s News White House holds three press briefings in July Organisation News The United States ranks 45th out of 180 countries in RSF’s 2018 World Press Freedom Index after falling 2 places in the last year. August 6, 2018 US – #WeeklyAddress July 31 – August 6: New York Times journalist harassed for past tweets News April 28, 2021 Find out more Chief White House Correspondent Jim Acosta’s live coverage of a July 31 Florida rally for President Donald Trump was met with incessant heckling and roaring chants of “CNN sucks,” “go home,” and “fake news” from the angry crowd. Acosta responded to the insults on-air, stating: “All of those things are false and we’re gonna stay right here, do our job, and report to all of our viewers here tonight.” Fox News host Sean Hannity added fuel to the fire in his opening monologue that night, saying Acosta deserved the treatment. Acosta responded to the criticism with his own retort, stating, “Hannity is a propagandist for profit” and he’s “injecting poison into the nation’s political bloodstream.” United StatesAmericas Trump rally attendees heckle CNN’s Jim Acosta in Florida Newly-hired New York Times journalist Sarah Jeong has been the source of public controversy over tweets she posted in 2014. Jeong claims she attempted to use the rhetoric of her online abusers in what she described as “counter-trolling.” Critics have called her tweets “racist,” leading to a surge of online harassment against Jeong. The Times issued a statement supporting her while also stating it did not condone her tweets. Jeong’s current employer, The Verge, took a firmer position against the attacks on Jeong, calling them “abusive,” “outrageous” and a distraction to turn outlets against their own reporters. RSF recently published its Online Harassment of Journalists report that highlights similar incidents of harassment against journalists–particularly female journalists–like Jeong. “This form of online harassment to discredit journalists is a new way to censor them,” says Elodie Vialle, Head of RSF’s Journalism and Technology Desk. “making it one of the biggest threat to press freedom today.” DIPTENDU DUTTA / AFP NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say The Columbia Journalism Review (CJR) published the account of journalist Steven Petrow, who had been harrassed and stalked for six months before the man appeared at his home. Petrow met with the man in September as a potential source for an article he was working on about mental health. Over the course of several months, the source stalked Petrow on social media, sending him messages indicating that he was following him without his knowledge. After months of intimidating messages, Petrow’s harasser sent him a message that read: “We’ll speak face-to-face…. If anyone were to shoot and kill you it would not be a loss at all!” Though the messages eventually stopped, in June the man appeared on Petrow’s front steps, banging on his door and yelling about one of his recent articles. The man was arrested later that afternoon. Petrow’s account is a harrowing reminder of the increasing hostility and harassment journalists face online and the very real danger of that harassment becoming physical. Trump doubles down on ‘enemy of the people’ rhetoric In a August 5 tweet, Trump again used the phrase “enemy of the people” when referring to the media, claiming they cause great division and distrust, and even war. last_img read more

Burundian government urged to guarantee journalists’ safety

first_img Help by sharing this information News Organisation Reporters Without Borders calls on the Burundian authorities to guarantee the safety of all journalists and the restoration of media pluralism so that news and information can resume circulating in this troubled country.The situation has become increasingly critical since the failure of last week’s coup attempt. Freely and independently reported news coverage is no longer available as Bujumbura is rocked by demonstrations for the fourth week running amid continuing violence.Already the victims of closures by the authorities in recent weeks, privately-owned media outlets were attacked and looted during the coup and are not currently functioning. Eighty percent of the production and broadcast equipment at Radio Publique Africaine (RPA), Radio Isanganiro, Bonesha FM and Radio Télé Renaissance, including machinery and cars, is damaged. Fire has destroyed much of the headquarters of RPA, Burundi’s leading independent radio station. Only the national radio and TV broadcaster, RTNB, is still functioning, broadcasting mostly music. The government is largely responsible for this situation because it was policemen and ruling party militiamen who attacked the privately-owned radio stations on 14 May, accusing them of broadcasting the statements of coup supporters.The head of the Burundian Union of Journalists (UBJ), Alexandre Niyungeko, told Reporters Without Borders that the government “can no longer continue to blame these grave abuses on clashes between coup supporters and government loyalists.”Rampant violenceNiyungeko mocked a statement by Willy Nyamitwe, the president’s main media adviser, who said on 17 May that the privately-owned media are allowed to reopen. “Everything is screwed,” Niyungeko said. “How can you reopen if everything has been destroyed? And then there is the issue of journalists’ safety.”Heavily-armed men in uniforms have been positioned outside radio stations since 15 May. Many of those wearing police uniforms are suspected of being militiamen and many journalists have received threats.A journalist with Radio Isanganiro, which was accused of supporting the coup, said the station’s journalists had received messages warning them not to go to the station and that any journalist could be arrested or worse. But when the police broke down the front gate at Radio Isanganiro on 14 May to get it to stop broadcasting, it was broadcasting only music and its staff had taken refuge in a nearby hotel.Iwacu, Burundi’s main independent newspaper, has resumed operating on 19 May after ceasing to publish as a result of serious threats.“We call on the Burundian authorities to defuse the situation and to provide tangible guarantees of protection for journalists, who cannot continue to live in fear,” Reporters Without Borders secretary-general Christophe Deloire said.“The government must take responsibility for the major damage wrongly suffered by the privately-owned media. The restoration of freely-reported, pluralistic media coverage is urgently needed in the current crisis. If the elections do take place, it is vital that the media should be able to resume operating and that journalists should again be able to freely inform the public.”Many journalists agree that there is an urgent need for the media to resume operating and provide news coverage but they insist that the current climate does not allow this. Relations between the state and journalists with privately-owned media are badly damaged.Journalists “need a real commitment from the government in order to be able to go back to work and feel protected,” Niyungeko said.Many journalists are urging the international community to intercede on behalf of Burundi’s journalists and media in distress. They say the international community should press the government to help journalists and to do everything possible to help ransacked media outlets to rebuild.In the current climate of fear, many journalists have gone into hiding or have fled to neighbouring countries. The most exposed journalists are those who head privately-owned media outlets and those who were hosting programmes at the time of the coup attempt and who, in some case, interviewed coup supporters.They include RPA director Bob Rugurika, who has often been targeted by the authorities in the past. Rugurika has had to flee the country.Burundi is ranked 145th out of 180 countries in the 2015 Reporters Without Borders press freedom index. center_img May 20, 2015 – Updated on January 25, 2016 Burundian government urged to guarantee journalists’ safety RSF_en last_img read more

Farmers could face cash flow problems over payments

first_imgNewsFarmers could face cash flow problems over paymentsBy Staff Reporter – November 23, 2016 505 Advertisement WhatsApp TAGSDeputy Niall CollinslimerickRural Development Programme Limerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” RELATED ARTICLESMORE FROM AUTHOR Facebook Limerick’s National Camogie League double header to be streamed live Print WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads center_img Previous articleUS election results impact exportNext articleWin cinema tickets Staff Reporterhttp://www.limerickpost.ie Linkedin Predictions on the future of learning discussed at Limerick Lifelong Learning Festival Farmers in Limerick and around the country could face cash flow problems – Collins NEW figures released this week reveal that only 52 per cent of this year’s Rural Development Programme budget allocation has been paid out.Limerick Fianna Fáil TD, Niall Collins says farmers will face increased cash flow problems as a result of serious delays in Rural Development Programme payments.Sign up for the weekly Limerick Post newsletter Sign Up Deputy Niall Collins stated – “It’s quite unbelievable that only half of this year’s funding for agri-schemes has been paid to farmers. This will result in serious financial hardship for farmers across the country.“It’s particularly worrying that less than 4 per cent of GLAS payments have been made. The government failed to allocate the level of funding that it originally promised for this scheme, and now it’s failing to pay out. This is a completely unacceptable situation.“Payments under TAMS and the Beef Genomics Scheme are also seriously behind schedule. These underspends are significant by any metric and will have serious consequences for small family farmers.“Many farmers have had to take out loans to keep their businesses going while they wait for their payments to come through, and these delays will exacerbate an already difficult situation. Farmers should not have to rely on banks and other financial institutions to cover the cost of works, which these agri-schemes cover. This is creating a major cash flow crisis, which is completely preventable.“This has been a very difficult year for farmers, and these underspends and delayed payments are making a bad situation worse. I am urging Minister Creed to ensure that these payments are forthcoming this month and that farmers are not left in the lurch”. Email Twitter Limerick Ladies National Football League opener to be streamed live Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clashlast_img read more

Commissioners beef up SONew jail booking area may get funding

first_img Twitter In their last regular meeting of 2020, Ector County commissioners will convene at 10 a.m. Thursday in the Ector County administration building at 1010 E. Eighth St., to discuss buying equipment for the new booking area of the law enforcement center just south of town off U.S. 385.They will also consider approving budget amendments totaling $49,462 to buy furniture and other equipment for the recently completed $25-million jail expansion.In a related matter, the court will hear Sheriff Mike Griffis’ recommendation about an intergovernmental agreement with Lynn County, south of Lubbock, for Lynn County inmates to be housed in the county detention center.Other business will include:>> A discussion of bid specifications for the purchase of 27 new Chevrolet Tahoes for the sheriff’s office.>> Public Works Director Evans Kessey’s 2020 operational report and his project proposals for the New Year.>> The consideration of renewing and ratifying guidelines governing tax abatements in reinvestment and enterprise zones. >> A discussion of a supplemental environmental project for the Texas Commission on Environmental Quality. Commissioners beef up SONew jail booking area may get funding Facebook Twitter WhatsApp Facebook Pinterestcenter_img TAGS  By Digital AIM Web Support – December 15, 2020 Local NewsGovernment Pinterest WhatsApp Previous articleHow a young woman became empowered to improve her rheumatoid arthritis careNext articleJerry Mendoza Digital AIM Web Supportlast_img read more

US unwinds Trump policy making asylum-seekers wait in Mexico

first_img Asylum seekers waiting in Mexico stand in line at the border to receive news of policy changes, Friday, Feb. 19, 2021, in Tijuana, Mexico. After waiting months and sometimes years in Mexico, people seeking asylum in the United States are being allowed into the country starting Friday as they wait for courts to decide on their cases, unwinding one of the Trump administration’s signature immigration policies that President Joe Biden vowed to end. Twitter WhatsApp TAGS  Previous articleIndependent evaluation validates Alight medical claim cost savingsNext articlePinterest Announces Fourth Quarter and Full Year 2020 Results Digital AIM Web Support Local NewsState Pinterest US unwinds Trump policy making asylum-seekers wait in Mexicocenter_img Pinterest Facebook Twitter By Digital AIM Web Support – March 4, 2021 WhatsApp Facebooklast_img read more

Windstream Enterprise Unveils WE will: An Authentic and Unmatched Customer Commitment

first_img Pinterest WhatsApp LITTLE ROCK, Ark.–(BUSINESS WIRE)–Feb 24, 2021– Windstream Enterprise (WE), a managed communications service provider, today launched the WE will Commitment to customers and prospects, a bold new promise backed by unrivaled service guarantees. Windstream Enterprise curated thousands of interviews and comments from customers, partners, employees and analysts with the intent to be unlike any other network and communications services provider. The outcome is the WE will Commitment to its current and future customers, ensuring their complete satisfaction through unbinding agreements, future-proof technology and 100% uptime. The WE will Commitment:WE will guarantee customers succeed in any economy . When they upgrade to our award-winning unified communications and SD-WAN services, WE will lock in their rates for the life of their agreement.WE will guarantee customers’ complete satisfaction. If they’re not satisfied within the first year, no future obligations or fees apply.WE will guarantee customers’ services are up-to-date and future ready. When the next generation of technology becomes available, customers can upgrade at no additional cost.WE will guarantee customers’ network and critical application reliability with a 100% uptime for customers with both OfficeSuite UC ® and SD-WAN Concierge™ services. If customers experience anything less than 100%, WE will credit their account—no questions asked.WE will guarantee industry-leading unified communications and network solutions—up to five months free. “Our WE will Commitment is unlike any other in the industry,” said Mike Flannery, chief marketing officer at Windstream Enterprise. “Customers can’t succeed with yesterday’s technology, inflexible contracts or unreliable service. For too long, service providers have talked about addressing these systemic issues. Now, with WE will, Windstream Enterprise is committed to turning that talk into action.” To enforce the WE will Commitment, Windstream Enterprise employees pledge to work collaboratively and relentlessly on behalf of the customer. “For businesses with bold ambitions, only Windstream Enterprise makes it easier to accelerate success—with a resilient, pure-cloud infrastructure, an industry-leading focus on innovation and a commitment to delivering an unparalleled experience,” continued Flannery. “Windstream succeeds when our customers succeed, and we’re not going to stop until our customers’ goals are met.” To learn more about the WE will Commitment, visit windstreamenterprise.com/wewill ABOUT WINDSTREAM Windstream Holdings is a privately held communications and software company. Windstream offers managed communications services, including SD-WAN and UCaaS, and high-capacity bandwidth and transport services to businesses across the U.S. The company also provides premium broadband, entertainment and security services through an enhanced fiber network and 5G fixed wireless service to consumers and small and midsize businesses primarily in rural areas in 18 states. Additional information is available at windstream.com or windstreamenterprise.com. Follow us on Twitter at @Windstream. View source version on businesswire.com:https://www.businesswire.com/news/home/20210224005095/en/ CONTACT: Windstream Enterprise Media Contact: Sarah Curry Davis, 720.529.7611 [email protected] KEYWORD: UNITED STATES NORTH AMERICA ARKANSAS INDUSTRY KEYWORD: NETWORKS INTERNET TECHNOLOGY TELECOMMUNICATIONS SOFTWARE SOURCE: Windstream Holdings Copyright Business Wire 2021. PUB: 02/24/2021 09:30 AM/DISC: 02/24/2021 09:31 AM http://www.businesswire.com/news/home/20210224005095/en TAGS  Local NewsBusiness Twitter WhatsApp Facebookcenter_img By Digital AIM Web Support – April 6, 2021 Pinterest Facebook Windstream Enterprise Unveils WE will: An Authentic and Unmatched Customer Commitment Twitter Previous article PhaseBio Pharmaceuticals to Host Virtual Investor and Analyst Day on March 15, 2021Next articleL&T Technology Services Selected by Airbus for Skywise Partner Programme Digital AIM Web Supportlast_img read more

People right to be angry about cost of wasted water – Shiels

first_img Google+ GAA decision not sitting well with Donegal – Mick McGrath Twitter Facebook Previous articleConcerns about when Gaelscoil na gCeithre Máistrí will receive promised fundingNext articleMcIlroy wants to end season as Europe’s No1 admin RELATED ARTICLESMORE FROM AUTHOR Dessie SheilsA Donegal County Councillor has claimed 45% of the treated water supply in Donegal is being lost to leaks, and Irish Water will end up charging consumers an 80% premium for water supplied.According to Councillor Dessie Shiels, a recent Local and Economic Community Plan released to County Councillors has revealed that between 2008 and 2013, almost half of the supply had been wasted by the time water gets to our taps.Councillor Shiels says people have a right to be annoyed about the idea of paying for a product that is being effectively lost………….Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/11/dessiwaterwaste.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Three factors driving Donegal housing market – Robinson WhatsApp Facebook Pinterest Nine Til Noon Show – Listen back to Wednesday’s Programme center_img Google+ Pinterest WhatsApp People right to be angry about cost of wasted water – Shiels NPHET ‘positive’ on easing restrictions – Donnelly Guidelines for reopening of hospitality sector published Calls for maternity restrictions to be lifted at LUH By admin – November 18, 2015 Twitter Homepage BannerNewslast_img read more

Price Escalation In contracts: Legal Remedies Available To Contractors In The Absence Of Price Escalation Clause In Agreement

first_imgColumnsPrice Escalation In contracts: Legal Remedies Available To Contractors In The Absence Of Price Escalation Clause In Agreement Jayashree PK25 May 2020 10:26 PMShare This – xThe legal framework on the absence of price escalation clause in contract is worth discussing and deliberating upon. A contractor who has encountered a series of problems leading to delays/latches in completion of contractual work is more often brought into this quagmire due to the fault of his employer. The employer fastens the contractor with the obligation to complete his work…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe legal framework on the absence of price escalation clause in contract is worth discussing and deliberating upon. A contractor who has encountered a series of problems leading to delays/latches in completion of contractual work is more often brought into this quagmire due to the fault of his employer. The employer fastens the contractor with the obligation to complete his work within the agreed period of contract, however, owing to delay in performance of reciprocal obligation by the employer, the contractual work gets extended beyond the stipulated date of completion. The contractor nevertheless assumes responsibility to complete his work beyond the contractual term, though voidable at his option. He is denied the benefit of performing extra work at enhanced rates and has been forced to work at original contract price. The employer is cognizant of the fact that prices of goods and services in the economy tend to escalate over a period which has a direct bearing on the work to be executed by the contractor, therefore denying the fair share of a contractor for incurring extra costs on goods and services is nothing less than a means of unjust enrichment. One sided, unreasonable, and arbitrary clauses in contract providing for extension of time without payment for work done at enhanced rates is clearly unlawful and against the public policy. Mostly, the contracts provide for settlement of disputes by arbitration. When a dispute is referred for adjudication before the Arbitral Tribunal with regard to the contractor’s claim for losses incurred by price escalation during the extended period of contract, the following factors have to be taken into consideration, such as : Who is responsible for the delay ?What are the repercussions of the delay in the completion of work ?How to apportion the consequences of the responsibility? [i] Once it is found that the arbitrator has jurisdiction to find that there was delay in execution of contract due to the conduct of the employer, he is liable for the consequences of the delay, namely, increase in prices.[ii] CAUSES OF DELAY IN COMPLETION OF WORK The major factors responsible for causing delay in completion of work project/contract are :- Late supply of materials or equipment undertaken by the employer to be supplied under the contract,Late supply of resources like water & electricity,Late issue of drawings or change in design and pattern,Late handing over of site to contractor, Non-completion of Land Acquisition proceedings in most of the places,Additional allotment of work or increase in the quantity of work,Late release of payment of RA (Running Account) Bills/mobilisation advance (Mobilization Advance is a monetary payment made by the owner to contractor for initial expenditure of site mobilization and a fair proportion of job overheads)/escalation,Intervention of subcontractor/agency/vendor, Land in dispute or not being free from encumbrances, Force majeure circumstances or situations beyond the control of the contractor, adverse site conditions and such other unprecedented events.[iii] The above factors are not exhaustive. TYPES OF CLAIMS RAISED BY THE CONTRACTOR FOR WORK PERFORMED DURING THE EXTENDED PERIOD OF CONTRACT The general claims raised by contractor for losses incurred due to price escalation during the extended period of contract include : Increase in material charges,Increase in labour charges,Increase in equipment charges,Increase in Transportation charges,Increase in electricity charges,Increase in lending rate for various SSI sector,Power cut,Increase in VAT and service taxes, Reimbursement of price variation and escalation due to extended stay,Losses incurred due to purchase of machinery, tools and plants lying over the site,Compensation for idling resources due to delays,De/Remobilization charges for carrying out delayed work,Compensation for loss of profit,Compensation for extra expenditure incurred on overheads, and other supervisory expenditure due to extended stay, Release of amount withheld by the employer towards liquidated damages, Release of Bank Guarantee, Losses caused by unlawful repudiation of contract by the employer and consequent termination of the contract,Losses due to funds borrowed from bank at commercial rate of interest. LEGAL REMEDIES AVAILABLE TO CONTRACTORS IN THE ABSENCE OF PRICE ESCALATION CLAUSE IN AGREEMENT The Hon’ble Supreme Court and the High Courts in India have widely dealt with the applicability of law on price escalation and culled out various principles and enunciated laws of contract to provide a remedy to an innocent party, who has suffered losses due to increase in prices and consequent delays in completion of work due to acts of the other party. The well-known maxim – ubi jus ibi remedium clearly applies in the present context which means where there is a right, there is a remedy.[iv] The judgments delivered by the Courts in India have shown that mere absence of price escalation clause in contract shall not preclude a contractor to claim compensation at escalated/revised rates from the employer. The Court or the Arbitral Tribunal as the case may be, must weigh the inconvenience caused to the innocent party.PRINCIPLE OF REPUDIATION OF CONTRACT- SECTION 55 OF THE INDIAN CONTRACT ACT, 1872 In our country question of delay in performance of contract is governed by Section 55 and 56 of the Indian Contract Act, 1872. Section 55 of the Indian Contract Act states that when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified time, and fails to do any such thing at or before the specified time, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be the essence of the contract. Effect of such failure when time is not essential – If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Effect of acceptance of performance at time other than that agreed upon – If, in case of a contract voidable on account of the promisor’s failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so. In simple terms, an abnormal rise in price of goods or services may frustrate the contract and the innocent party is not obligated to perform the contract. Failure on the part of the employer to perform a mutual obligation will enable the contractor to avoid the contract as the contract becomes voidable at his option in case time is the essence of the contract. Furthermore, a failure to perform contract within the stipulated time will entitle the innocent party to (a) terminate performance of the contract and put an end to all the primary obligations of both parties remaining unperformed; (b) claim damages from the contract breaker for committing fundamental breach of contract depriving the innocent party of the benefit of the contract i.e damages for loss of the whole transaction. If the contractor accepts the belated performance of reciprocal obligation on the part of the employer instead of avoiding the contract, he (contractor) cannot claim compensation for any loss occasioned by non-performance of the reciprocal promise by the employer at the agreed time unless he gives notice to the promisor of his intention to do so at the time of such acceptance. Under the Indian law, a contract entered into between the parties whereunder the contractor has undertaken not to make any claim for delay in performance of the contract due to an act of the employer, still a claim would be entertainable in one of the following situations : (i) if the contractor repudiates the contract exercising his right under Section 55 of the Contract Act, (ii) the employer gives an extension of time either by entering into supplemental agreement or by making it clear that escalation of rates or compensation for delay would be permissible, (iii) if the contractor makes it clear that escalation of rates or compensation for delay shall be made by the employer and the employer accepts performance by the contractor in spite of delay and such notice by the contractor puts the employer on terms.[v]IMPOSSIBILITY OF PERFORMANCE & DOCTRINE OF FRUSTRATION – SECTION 56 OF THE CONTRACT ACT, 1872 In common law, frustration does not rescind the contract ab initio but brings the contract to an end forthwith automatically, in the sense that it releases both the parties from any performance of the contract while leaving undisturbed any legal rights already accrued or payments already made in accordance with its term. Section 56 of the Contract Act reads thus :- 56. Agreement to do impossible act – An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful – A contract to do an act which, after the contract is made, becomes impossible or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. Compensation for loss through non-performance of act known to be impossible or unlawful – When one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know, to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance of the promise. The parties to a contract are faced with unexpected turn of events such as wholly abnormal rise or fall in price. Law has adapted itself to economic changes. Marginal price rise may be ignored but when prices escalate out of all proportion from what could have been reasonably expected by the parties and making performance virtually impossible to the contractor, the law has to offer relief to the contractor in terms of price revision.[vi] The Supreme Court has recognized this in Tarapore & Co. Versus Cochin Shipyard Ltd,[vii] wherein it was laid down that when an agreement is predicated upon an agreed fact or situation which ceases to exist, the agreement to that extent becomes irrelevant or otiose. Once the rates become irrelevant on account of circumstances beyond the control of the contractor, it is open to the contractor to make a claim for compensation. In Easun Engineering Co. Ltd. Versus The Fertilisers and Chemicals (Travancore) Ltd,[viii] the Claimant-EASUN was aggrieved by the increase in the price of transformer oil subsequent to the contract. Since a 400 % increase in price due to certain unexpected war condition cannot be described as anything which would be normal in the ordinary trade conditions, it was pronounced that the abnormal increase in price due to war condition, is an untoward event or change of circumstances which “totally upsets the very foundation upon which parties rested their bargain”. Therefore, EASUN can be said to be finding itself impossible to supply the transformers which it promised to do. The High Court thus, affirmed the Award passed by the arbitrator and observed that despite the contract being a firm price contract, EASUN was justified in asking for variation of price in transformer oil, in view of the force majeure conditions. The observation made by the Supreme Court of India in Alopi Prashad & Sons Ltd Versus Union of India [ix] is relevant. In this case, it was observed that the Indian Contract Act does not enable a party to a contract to ignore the express covenants thereof, and to claim payment of consideration for performance of the contract at rates different from the stipulated rates, on some vague plea of equity. The parties to an executory contract are often faced, with a turn of events which they did not at all anticipate–a wholly abnormal rise or fall in prices, a sudden depreciation of currency, an unexpected obstacle to execution, or the like. Yet this does not in itself affect the bargain they have made. If, on the other hand, a consideration of the terms of the contract, in the light of the circumstances existing when it was made, shows that the parties never agreed to be bound in a fundamentally different situation which has now unexpectedly emerged, the contract ceases to bind at that point not because the court in its discretion thinks it just and reasonable to qualify the terms of the contract, but because on its true construction it does not apply in that situation.PRINCIPLE OF QUANTUM MERUIT -SECTION 70 OF CONTRACT ACT, 1872 According to Black’s Law Dictionary, Quantum meruit means ‘as much as he deserves’.[x] The expression describes the extent of liability in a contract implied by law. The law implies a promise to pay a reasonable amount for the labour and materials furnished by the innocent party, even when there is absence of a specific contract. It is an equitable remedy available to the courts when the courts are exercising their equitable jurisdiction under the law of restitution. In other jurisdictions, it is a method of assessing damages in contract cases. Thus, quantum meruit is a legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged. It is closely related to the equitable concept of unjust enrichment. Although the existence of a quantum meruit remedy does not depend on a contract, yet it is a remedy in law of contract, where a contract has been breached but after one side received partial or full benefit, and the contract does not include a clause providing for this eventuality (such as a liquidated damages clause).[xi] The principle of quantum meruit has no application where there is a specific agreement in operation. The action of Quantum Meruit is allowed in Indian Courts under Section 70 of the Indian Contract Act, 1872 which states : Section 70 of the Indian Contract Act – Obligation of persons enjoying benefit of non-gratuitous act- Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered. When a party to a contract who has done additional work for another not intending to do it gratuitously and the other party has obtained benefit therefrom, the former is entitled to compensation for the additional work covered by the contract. If an oral agreement is pleaded, which is not proved, the innocent party will be entitled to compensation under Section 70 of the Indian Contract Act, 1872. Payment under this section can also be claimed for work done beyond the terms of the contract, when the benefit of the work has been availed by the other party.[xii] To illustrate, a person who does work or supplies goods under a contract, if no price is fixed, is entitled to be paid a reasonable sum for his labour and the goods supplied. In case the work is outside the contract, the terms of the contract can have no application; and the contractor is entitled to be paid a reasonable price for the work done by him.COMPENSATION FOR LOSS OR DAMAGE CAUSED BY BREACH OF CONTRACT UNDER SECTION 73 & 74 OF THE CONTRACT ACT, 1872. The case law T.A Chowdhury Versus State of A.P & Ors., strikes at the root of the contracts prohibiting the contractor to claim compensation for work done beyond the agreed period of contract owing to fundamental breach of contract by the employer with well explained provisions of law. Section 73 of the Act postulates that where a contract has been broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract, compensation for any loss or damage caused to him, which naturally arose in the usual course of things from such breach or which the parties knew when they made the contract, to be likely to result from the breach of it. Exception- Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. To ascertain that a contractor is entitled to compensation, it must be determined whether the provisions stipulating avoidance of compensation damages are unlawful. A clause in the contract making the party who breaches the contract not liable for compensation runs contrary to Section 73 of Contract Act. Therefore, a clause for extension of time in contract without compensation, which runs contrary to Section 73 of the Contract Act can be said to fall within the category of unlawful agreement. It is well settled that no agreement can override the statutory provisions of law and such agreement is void ab initio. A party who suffers by a breach of contract is entitled to claim damages at all events. He gets the compensation as a result of the breach of the contract and not by reason of any existing obligation on the part of the person in breach.[xiii] Therefore, a clause or condition granting extension of time cannot be read as a prohibition for grant of claim for escalation in case of breach of contract by the employer and such claim would be maintainable under Section 73 of the Indian Contract Act, 1872.[xiv]> In M.L. Mahajan Versus Delhi Development Authority & Anr[xv], it was held that claim for damages on account of prolongation of contract inasmuch as contractor was made to incur unnecessary expenditure due to fault of the employer in prolonging the contract was maintainable as per Section 73 and 74 of the Contract Act which gave entitlement to the contractor to claim damages/loss suffered due to breach of contract by the employer.PRINCIPLE OF PERFORMING RECIPROCAL PROMISES- SECTION 54 OF THE CONTRACT ACT, 1872 Under Section 54 of the Contract Act, when a contract is consisting of reciprocal promises, such that one of them cannot be performed or that its performance cannot be claimed till the other has been performed and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise and must make compensation to the other party to the contract for any loss which such other party may sustain by non-performance of the contract. The section gives an impetus to the principle of Lex non cogit Ad Impossiblia which means the law does not compel a man to do anything which he cannot possibly perform. Thus, when the performance of the contract cannot be achieved by law, the same cannot be made possible through contract itself. The said principle was applied in T.A. Choudhary Versus State of A.P. & Ors., supra, wherein the Contractor was expected to commence the work only after the site was handed over. It was held that handing over of the site is a sine qua non for performance of the contract and virtually in the realm of reciprocal promises. Once the Contractor is not expected to commence the work unless the site is handed over to him, it amounts to the promisor not performing his initial obligation and it becomes incumbent on the promisor’s part to compensate for any loss sustained by the other party. The provision for extension of time cannot come in the way of claiming compensation for the loss sustained by the contractor in such a situation. In K.N. Sathyapalan (Dead) by LRs Versus State of Kerala & Anr., 2006(4)ARBLR275(SC), the court examined whether the contractor was entitled to compensation for the losses suffered by him on account of price escalation of materials that had taken place during the extended period of completion when such extension of time was necessitated by employer’s failure, despite the absence of price escalation clause. It was held that ordinarily, the parties would be bound by the terms agreed upon in the contract, but in the event one of the parties to the contract is unable to fulfill its obligations under the contract which has a direct bearing on the work to be executed by the other party, the Arbitrator is vested with the authority to compensate the second party for the extra costs incurred by him as a result of the failure of the first party.[xvii] Similar observation has been made by the Delhi High Court in Ircon International Limited Versus C.R. Sons Builders and Developers, decided on 11 February, 2020[xviii] and Union of India Versus Haji CM Abdul Khader & Ors., Arbitration Appeal No. 41 of 2015, decided on20.12.2019.[xix] The said finding has been reiterated by the Apex Court in P.M. Paul [1989 Supp (1) SCC 368] and T.P. George case [(2001) 2 SCC 758][xx].DOCTRINE OF CONTRA – PROFERENTEM The doctrine of contra proferentum is a well-known principle of construction of a contract that if the terms applied by one party are unclear, an interpretation against that party is preferred. It clearly draws inference against the draftsmen in relation to an ambiguity existing in operation of a clause in the contract either in favour of one party or the other. The Hon’ble Delhi High Court in the case of National Highways Authority v. HCC Ltd., reported at (2014) 211 DLT 656[xxi], while applying the principle of contra proferentum held it is well settled law that where ambiguity or doubt exists in the words of an exclusion clause, then those words are construed against the party putting forth the document, and in favour of the other party. Applying the said principle, an exclusion clause in the contract granting extension of time for delay in performance of contract without price escalation due to the fault of an employer must be read against the employer and in favour of the contractor. It is because when a contract comes to an end due to efflux of time, the terms of the said contract also comes to an end, as a result thereof, the contractor is exposed to vagaries of price escalation in the economy. Therefore, such exclusion clause must be construed as a claim of escalation which cannot be rejected merely on the ground of absence of such a provision in the agreement.[xxii] Legally speaking, if the Arbitrator, thought that there has been a loss due to additional costs incurred by the contractor, the contractor would deserve to have the benefit of escalation of costs.[xxiii]AGREEMENT AGAINST THE FREE CONSENT OF A PARTY ATTRACTS SECTION 14 OF THE CONTRACT ACT, 1872. Necessitas non habet legem is an age-old maxim which means ‘necessity knows no law’. A person may sometimes have to succumb to the pressure of the other party to bargain who is in a stronger position. As a usual practice, the employers threaten contractors either to agree with extension without escalation or to pay liquidated damages, and under such threat, against the free consent of the contractors, make them sign a supplemental agreement, amounting to coercion and undue influence. This attracts Section 14 of the Contract act where free consent is defined. Any agreement contravening the Indian Contract Act is void and cannot be enforced. The supplemental agreement is thus illegal, void and cannot be enforced, meaning thereby the contractors are fully entitled to escalation of claim notwithstanding the illegal supplemental agreement. Although it may not be strictly in place but we cannot shut our eyes to the ground reality that in a case where a contractor has made huge investment, he cannot afford not to take from the employer the amount under the bills, for various reasons which may include discharge of his liability towards the banks, financial institutions and other persons. In such a situation, the public sector undertakings would have an upper hand. They would not ordinarily release the money unless a “No-Demand Certificate” is signed.[xxiv] Views Are Personal Only. [i] JG Engineers Private Limited versus Union of India and Another, (2011) 5 SCC758 [ii] P.M. Paul v. Union of India, AIR 1989 SC 1034 [iii] Factor influencing Decisions on Delay Claims in construction contracts for Indian scenario by Nitin Chaphalkar and published in Australasian Journal of Construction Economics and Building, 14 (1) 32-44 [iv] Text on Civil Procedure, Sixth Edition, by CK Takwani at p. 39. [v]General Manager Northern Railways & Ors. Versus Sarvesh Chopra, (2002) 4 SCC 43; State of A.P. v. Associated Engg. Enterprises, AIR 1990 AP 294; Raj Kumar Bahal v FCI, AIR 1990 Raj 64. [vi] Law of Contract and Specific Relief, 10th Edition, by Dr. Avtar Singh at p.400. [vii] (1984) 2 SCC 680, at pg. 715. [viii] AIR 1991 Mad 158. [ix] AIR 1960 SC 588 [x] Black Law Dictionary, Edition 8th, 2012. P.1573 [xi] Doctrine of Quantum Meruit and Doctrine of Unjust Enrichment: An Overview, Chapter 5, Link- https://shodhganga.inflibnet.ac.in/bitstream/10603/76575/14/14_chapter%205.pdf [xii] Food Corporation of India & Ors Versus Vikas Majdoor Kamdar Sahkari Mandli Limited, (2007) 13 SCC 544 [xiii] 2004 (3) ALD 357; State Of U.P. vs Chandra Gupta & Co, AIR 1977 All 28. [xiv] Union of India Vs. Mago Construction Pvt. Ltd., cited as MANU/DE/0115/2019 and decided on 10.01.2019 by the Hon’ble Delhi High Court [xv]99 (2002) DLT 512 [xvi] 2004 (3) ALD 357 (Supra). [xvii] K.N. Sathyapalan (Dead) by LRs Versus State of Kerala & Anr., [(2007) 13 SCC 43] [xviii] Ircon International Limited Versus C.R. Sons Builders and Developers, decided on 11 February, 2020 [xix] Union of India Versus Haji CM Abdul Khader & Ors., Arbitration Appeal No. 41 of 2015, decided on 20.12.2019 [xx] T.P. George case [(2001) 2 SCC 758 [xxi](2014) 211 DLT 656 [xxii] Tarapore & Co Versus State of Madhya Pradesh, 1994 SCC (3) 521, JT 1994 (2) 162. Kimti Lal Vohra Versus Haryana State & Ors, MANU/PH/0373/2015 Ircon International Limited (supra) Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Donegal Group gives its reaction to last night’s RTE Prime Programme

first_img Twitter Donegal Group gives its reaction to last night’s RTE Prime Programme Arranmore progress and potential flagged as population grows Google+ Important message for people attending LUH’s INR clinic Pinterest News, Sport and Obituaries on Monday May 24th There’s been a huge reaction to last night’s RTE’s Prime Time programme on the difficulties facing carers in Ireland.According to Census 2016, there has been a 35% increase in the number of cares who are over the age of 85.Figures also show that the hours that carers put in on a weekly basis equates to a full 40 hour week but almost 9% provide this care unpaid.Gina Grant from Our Children’s Voice has been sharing her views on the Nine til Noon Show:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2017/12/ginashort.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Facebook Homepage BannerNews Twitter By News Highland – December 6, 2017 center_img Google+ RELATED ARTICLESMORE FROM AUTHOR Previous articleAlmost 30 people in Donegal recorded as homeless in OctoberNext articleNumber of lifebelts stolen along River Foyle News Highland WhatsApp DL Debate – 24/05/21 Pinterest Facebook WhatsApp Loganair’s new Derry – Liverpool air service takes off from CODA Nine til Noon Show – Listen back to Monday’s Programmelast_img read more

Breaking: Ballyshannon testing centre to cease testing from today

first_img News, Sport and Obituaries on Monday May 24th RELATED ARTICLESMORE FROM AUTHOR Twitter DL Debate – 24/05/21 WhatsApp Google+ Twitter WhatsApp Homepage BannerNews Facebook Pinterest Google+center_img Pinterest Previous articlePeople can travel anywhere within their county under Phase TwoNext articleSouth Donegal Deputy reiterates call for grant aid for small businesses News Highland Covid-19 testing is to end at the Community Testing Centre situated at the Lakeside Camping and Caravan Centre, Ballyshannon from today. People requiring testing will be seen at the Community Testing Centres in O’Donnell Park, Letterkenny, Co Donegal or in Finisklin, Sligo.Both centres have capacity to deal with the small number of referrals for testing who have attended the Ballyshannon Testing Centre and have capacity to deal with any increases in the demand for testing if required.Waiting times from referral to testing will not be affected with same day or next day testing being provided to the majority of people referred.The decision to close the Ballyshannon Community Testing Centre has been taken due to the reduced demand for testing.Ten tests were provided at the Ballyshannon Testing Centre in the first four days of June.There is also a requirement to have HSE staff, currently deployed to testing, available for the planning and provision of non-COVID services as the HSE prepares for a resumption of services in line with the easing of restrictions and in keeping with Public Health recommendations.In a statement, the HSE acknowledged the dedication and commitment of its staff who have been involved in the delivery of testing in Ballyshannon since March, 2020. HSE staff have worked outside of their normal roles and have been flexible throughout in working atypical hours and days in all sorts of weather conditions, to provide a responsive and timely service. HSE support services such as ICT, Estates, Procurement and Caretaking services have also been of significant support in the provision of the testing service.The HSE also acknowledged the incredible support it received from the Lakeside Camping and Caravan Centre who provided its site and premises for the Testing Centre and the Defence Forces which provided tents for testing, assistance with traffic management, security and catering. Appreciation is also extended to Local Link, the Civil Defence, Ballyshannon Chamber of Commerce and the local community for their assistance in the establishment and running of the Testing Centre over the past few months:The HSE work to prevent and manage COVID-19 across its services continues along with support from other lead agencies such as the Gardai and Local Authorities, third level colleges, community and voluntary agencies and local businesses. This work has been critical in the fight against COVID-19 in our communities, supporting some of the most vulnerable populations and protecting the health service. The actions taken have reduced the impact of COVID-19 on all our population.Public Health advice is that it is vital that as a country we keep going with the actions that help us to stay safe and in particular social distancing (2 metres apart) and practising infection prevention and control measures such as hand hygiene and respiratory etiquette. These measures are going to be part of all of our lives for the foreseeable future and we all need to adhere to them in our daily interactions with family, friends and colleagues. The HSE is hopeful the country will continue on the trajectory it has been following with the reduction in the number of positive Covid-19 cases in the North West and across the country. Breaking: Ballyshannon testing centre to cease testing from today Arranmore progress and potential flagged as population grows By News Highland – June 5, 2020 Nine til Noon Show – Listen back to Monday’s Programme Important message for people attending LUH’s INR clinic Loganair’s new Derry – Liverpool air service takes off from CODA Facebooklast_img read more