Is A Voluntary Agreement Between Two Parties
Many English-speaking Commonwealth of Nations countries that have structured their training in a neoliberal market, such as New Zealand, Scotland, Australia, South Africa, England and Ireland, have adopted national certification frameworks. They can also be taken into account in Kintzer`s typology, with people created in New Zealand and South Africa being prescriptive and more favourable to Scotland, Ireland and Australia (Young, 2005: 12) and almost voluntarily for certain sectors. Some argue that a certification framework is part of the neoliberal agenda, because it brings education together and thus contributes “to the creation of education markets by providing a common qualifying currency. This common currency, like the money of an economy, is seen as promoting increased competition between diploma providers, since all institutions recognize and reward learning in the same way” (Strathdee, 2003: 157). However, even in countries that have strongly marketed their higher education, such as New Zealand, Australia and, to a lesser extent, England, national certification frameworks are encouraged to minimize barriers to vertical and horizontal transfer and to “maximize access, flexibility and portability between different areas of education and work and different places of learning” (Young, 2003: 224). However, it is relatively unclear that national certification frameworks are meeting these goals (Young, 2005: 1). Compensatory damages compensate the plaintiff as accurately as possible for the losses actually incurred. This can be “waiting damage,” “loss of confidence” or “restitution damage.” The damage caused by expectations is awarded in order to put the party in a position as good as what the party could have obtained to execute the contract as promised. [137] Reliability damage is generally granted where it is not possible to obtain a sufficiently reliable estimate of the applicant`s loss of anticipation or option. Reliance losses cover the costs of the promise. The Australian McRae/Commonwealth Disposals Commission [106], which dealt with a contract for the rights to recover a vessel, is an example of awarding damages for excessive speculative profits.