New Developments in Mistake of Identity

1961 ◽  
Vol 19 (1) ◽  
pp. 86-102 ◽  
Author(s):  
J. C. Hall

It was only six years ago that C. J. Slade wrote his memorable article “The Myth of Mistake in the English Law of Contract” in which he placed the whole subject of mistake in a new and agreeable perspective. “Mistake as such,” he declared, “has no operative effect whatever at law.”This was good news for the student; but problems of error in persona still had to be solved, and for these Mr. Slade proposed a simple application of the basic principles of offer and acceptance. The test was whether A's offer was addressed to B and B's acceptance addressed to A, their intention being construed objectively unless that of the one was known to the other, in which case the actual intention of the former determined the matter. The authorities, for the most part, ranged themselves in substantial support, and rationality, it seemed, had been injected at last into this confused branch of the law.This reassurance has now been disturbed by the case of Ingram v. Little, which reminds us that the offer and acceptance test is no magic formula acting as a ready panacea for all the ills caused by error in persona.The facts which gave rise to Ingram v. Little are by now well known. Three ladies who wished to sell their car were offered an acceptable price by a stranger, but they made it plain they would not accept payment by cheque. He then pretended to them that he was a certain P. G. M. Hutchinson and quoted an address which the ladies found to be the one shown beside that person's name in the telephone directory.

Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 7
Author(s):  
Sophie Till

Three years ago Sophie Till started working with pianist Edna Golandsky, the leading exponent of the Taubman Piano Technique, an internationally acclaimed approach that is well known to pianists, on the one hand, for allowing pianists to attain a phenomenal level of virtuosity and on the other, for solving very serious piano-related injuries. Till, a violinist, quickly realized that here was a unique technical approach that could not only identify and itemize the minute movements that underlie a virtuoso technique but could show how these movements interact and go into music making at the highest level. Furthermore, through the work of the Golandsky Institute, she saw a pedagogical approach that had been developed to a remarkable depth and level of clarity. It was an approach that had the power to communicate in a way she had never seen before, despite her own first class violin training from the earliest age. While the geography and “look” on the violin are different from the piano, the laws governing coordinate motion specifically in playing the instrument are the same for pianists and violinists. As a result of Till’s work translating the technique for violin, a new pedagogical approach for violinists of all ages is emerging; the Taubman/Golandsky Approach to the Violin. In reflecting on these new developments, Edna Golandsky wrote, “I have been working with the Taubman Approach for more than 30 years and have worked regularly with other instrumentalists. However, Sophie Till was the first violinist who asked me to teach her with the same depth that I do with pianists. With her conceptual and intellectual agility as well as complete dedication to helping others, she has been the perfect partner to translate this body of knowledge for violinists. Through this collaboration, Sophie is helping develop a new ‘language’ for violinist that will prevent future problems, solve present ones and start beginners on the right road to becoming the best they can be. The implications of this new work for violinists are enormous.”


1993 ◽  
Vol 83 ◽  
pp. 131-158 ◽  
Author(s):  
Richard Gordon ◽  
Mary Beard ◽  
Joyce Reynolds ◽  
Charlotte Roueché
Keyword(s):  

This survey does not aim at completeness. It is a personal selection, on the one hand, of recent epigraphic work which is of significance and interest to an ancient historian, and, on the other hand, of those epigraphic ‘tools of the trade’ which are important for anyone trying to interpret an inscription. But we start with some more narrowly epigraphic topics.If the death of Louis Robert and concern for the future of the Bulletin épigraphique overshadowed the last review, it is fitting that this should begin with the good news of the rebirth of the Bulletin, produced since 1987 by an international, although largely French, team of specialists and edited by Ph. Gauthier. The archicubal verve may be missing, but the coverage of the new version is good and adds usefully to that of the old.


PMLA ◽  
2005 ◽  
Vol 120 (2) ◽  
pp. 321-326
Author(s):  
Marianne Hirsch

What have i learned during my year and a half as editor of PMLA? Now, at the midpoint of my term, I thought I might reflect on some of my hopes and hesitations about the editorship and think about what, from the submissions to PMLA and from the process of its publication, we might glean about important trends in literary studies and the humanities more broadly. Two things have delighted and frustrated me, in particular: the workings of the peer review process, on the one hand, and the disciplinary and subdisciplinary boundaries that inform our writing and teaching, on the other. On these issues and on their relation, I have some good news and some less good news to report.


2016 ◽  
Author(s):  
Maria Isabel Clímaco ◽  
Luís Moura Ramos

The standard assumption of rational, forward looking behavior has been heavily questioned given the impossibility of understanding some risk consumption behaviors within such a framework. The Becker and Murphy theory of rational addiction made a start on this debate fostering new refinements within the original rational theory framework as well as promising approaches based on the latest developments of cognitive science.This paper makes an overview confronting two main approaches highlighting their different time preferences assumptions. On the one hand the debate assumes rationality even in extreme situations of risk consumption - addictive behavior. On the other, new developments in the explanation of habits and addictive behaviours take an economic-psychological approach into consideration and have substantially different policy implications.


Author(s):  
Gaunt Ian

This chapter examines what makes London so popular as a maritime arbitration centre. Chief among the reasons is the availability of a pool of arbitrators with a breadth of professional knowledge and experience, including not just lawyers but commercial men and women. It also discusses the perceived effect of the use of arbitration on the development of English law. On the one hand, the number of appeals going to the courts is such as to ensure that new precedents are produced in order to lend vibrancy to the law. On the other hand, some first instance decisions have shown a tendency on the part of judges to decide cases without sufficient sensitivity to commercial practice, leading to precedents that are hard for arbitrators to apply. The chapter also considers the major challenges faced by the London Maritime Arbitrators Association in maintaining London as the foremost centre for the resolution of shipping disputes.


Author(s):  
Tzvi Langermann

This chapter focuses on part II, Chapter 24 of Maimonides’ Guide of the Perplexed, which discusses the incompatibility of the models used by professional astronomers with the basic tenets of the Aristotelian world-view. On the one hand, the epicycles and eccentrics employed by astronomers seem to violate the principle that the motion of the heavenly bodies be uniform, circular, and about a fixed centre. On the other hand, the results achieved through the use of these very devices are startlingly precise. This, Maimonides says, is the ‘true perplexity’. The chapter then looks at three aspects of this true perplexity. It also compares the views expressed in the Guide with the rules laid down in the third chapter of the ‘Laws Concerning the Basic Principles of the Torah’, which forms the first section of the Mishneh Torah. It is particularly concerned with two questions: did Maimonides consider the true configuration of the heavens to be inscrutable? And can a close reading of both texts offer any clues about this true configuration? Finally, the chapter considers the views of some of Maimonides’ followers on these questions.


1960 ◽  
Vol 4 (2) ◽  
pp. 66-78 ◽  
Author(s):  
Kenneth Roberts-Wray

British administration in overseas countries has conferred no greater benefit than English law and justice. That may be a trite observation, but I offer no apology. It has been said so often by so many people—as many laymen as lawyers and perhaps more Africans than Englishmen—that it must be assumed to be true. But what, in this context, are English law and justice, or similar expressions (it is put in many different ways) to be taken to comprehend ? I have heard one or two lawyers who have served overseas speak as if there were a rebuttable presumption that anything suitable for this country should be acceptable for a country in Africa. Even if that were true, and I am sure it is not, it would not that all English legal rules and institutions are appropriate for Africa, for they are not even suitable for England. It is only too true that the law is sometimes “an ass”. Not so often as some laymen like to claim, though laymen may be fair judges of what is good sense in law. I well remember how as a law student I became impatient with principles, especially in the law of torts and the rules of evidence, which to my mind left a large gap between law on the one hand and justice or common sense on the other. I am well aware that in my critical attitude I was at one with the majority, and all lawyers must welcome the labours of the Law Reform Committees, which have borne fruit in a steady stream of important Bills during the last thirty years.


2014 ◽  
Vol 118 (1205) ◽  
pp. 743-773 ◽  
Author(s):  
J. Wan ◽  
M. D. Pavel

Abstract The ‘Ornicopter’ is a single-rotor helicopter without anti-torque rotor developed since 2002 at Delft University of Technology in The Netherlands. The Ornicopter’s principle is similar to the movement of a bird’s wing and is based on actively flapping the blades up and down while rotating them around a shaft to generate both the required lift and the propulsive force. The shaft torque is no longer needed and thus the anti-torque rotor is redundant. The present paper describes the basic principles of the Ornicopter’s forced flapping, discussing the feasibility of the Ornicopter concept with respect to the power required, performance, stability, and vibratory loads. On the one side it is shown that the Ornicopter has a similar power requirement to a conventional helicopter, as well as very similar longitudinal and lateral stability and controllability characteristics to a conventional helicopter. On the other side, the Ornicopter generates higher vibratory loads than in a conventional helicopter, and its performance is strongly limited by the stall effect.


1987 ◽  
Vol 30 (2) ◽  
pp. 311-335 ◽  
Author(s):  
Michael Lobban

Blackstone's Commentaries have traditionally evoked two responses. On the one hand, from Bentham on, the work has been seen as confused and contradictory, based on theoretical foundations which were either irrelevant to his task, or ignored in practice in the book. On the other hand, although his achievement and in particular his theorising have been criticised, the Commentaries have also been seen as the first attempt to systematise English law and to ground it on solid principles, thereby creating a new ‘science of English law’. Both Lord Mansfield and Bentham himself praised Blackstone on this score, while Sir William Jones enthused that ‘his Commentaries are the most correct and beautiful outline that was ever exhibited of any human science’ Modern writers have agreed that Blackstone made a significant contribution to the development of law as a science.


Author(s):  
Stefan Bittmann

In Japan, new developments in the field of robotics are being received with interest and enthusiasm by the population and used in everyday life. This can be explained on the one hand by a long tradition of stories that report positively on artificial servants for humans. These stories continue into modern manga comics. Robots take on positive roles, expanding the capabilities of humans and being of service to them. On the other hand, Japanese religions and philosophies such as Buddhism and Shintoism influence attitudes towards robots.


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