The Treatment of Breach of Contract

1966 ◽  
Vol 24 (2) ◽  
pp. 192-215 ◽  
Author(s):  
Lord Devlin
Keyword(s):  
The Other ◽  
Breach Of Contract ◽  
New Approach ◽  
Traditional Classification ◽  
Basic Position ◽  
Do So ◽  
What Matters

I want to start from the basic position in which I was brought up (I expect you were all brought up in it too) that the terms of a contract consist of conditions and warranties, the distinction between them being that the condition is something that is essential to the contract, while the other terms that are collateral or ancillary are merely warranties. If a condition is broken the aggrieved party is discharged from his obligations and can rescind the contract. If it is a warranty that is broken, the breach sounds only in damages.The Hongkong case—a new approach to breachThe traditional thinking on this point has recently been rather mystified by references to something which is called the fundamental term and which has not yet, so far as I know, been judicially defined. Then there have been some suggestions that what matters is not the fundamental term but the fundamental breach. And finally there is the very important judgment of Diplock L.J. in the Hongkong case in which he opens up new vistas, suggesting that the traditional classification of terms into conditions and warranties has been outmoded and ought to be scrapped in favour of a new approach altogether based on the event.It must be accepted that whatever sort of approach is made to this topic, whether a new or a traditional one, there must be some way of defining the situation in which the aggrieved party is entitled to rescind. He cannot be allowed to do so for every breach of every term.

scholarly journals Classification of the relict forest communities of Palla’s Black Pine (Pinus nigra subsp. pallasiana) in Bulgaria

Hacquetia ◽  
2018 ◽  
Vol 17 (2) ◽  
pp. 125-161 ◽  
Author(s):  
Rossen Tzonev ◽  
Marius Dimitrov ◽  
Chavdar Gussev ◽  
Vladimir Vulchev ◽  
Ivailo Nikolov
Keyword(s):  
Pinus Nigra ◽  
The Other ◽  
Oak Forests ◽  
Black Pine ◽  
Forest Communities ◽  
Beech Forests ◽  
New Approach ◽  
New Associations ◽  
Made In

AbstractNew approach for the classification of the Black Pine forest communities in Bulgaria was made in the paper. The analysis of forest pytocoenoses from Vlahina, East and West Rhodopi and Balkan Range Mountains confirmed their separation into two classes– Quercetea pubescentis(low-altitudinal) andErico-Pinetea(high-altitudinal). The second class is represented from one polymorphic associationSeslerio latifoliae-Pinetum nigraewhereas the other group is represented from two new associations. The associationJunipero deltoidi-Pineteum pallasianaeis more related to the surrounding thermophilous oak forests as well as the associationLathyro laxiflori-Pinetum pallasianaeis more similar to the hornbeam and beech forests.

scholarly journals За един нов подход при описанието на прилагателните имена в българския език (с оглед на разработването на нормативна граматика)

2018 ◽  
Vol 18 ◽  
Author(s):  
Милен [Milen] Томов [Tomov]
Keyword(s):  
Morphological Criterion ◽  
New Approach ◽  
Parts Of Speech ◽  
Stress Changes ◽  
Traditional Classification

On a new approach in describing adjectives in Bulgarian (with the ontext of the development of a normative grammar) The article presents a new approach in the description of adjectives in Bulgarian, one that is based on strict differentiation between form and semantics by applying a purely morphological criterion. The relevant features of the adjectives are grouped in separate inflection types based on the presence of ending or lack thereof, the lexeme’s ending combinations, the presence of morphonological (including stress) changes (alterations) in inflection, as well as on the presence of doublet forms. The formation of inflectional types according to the above specified relevant features is illustrated with examples, followed by a proposal of changes to the traditional classification of the parts of speech. O pewnym nowym podejściu w opisie przymiotników w języku bułgarskim (w kontekście opracowania gramatyki normatywnej) Artykuł przedstawia nowe podejście do opisu przymiotników w języku bułgarskim, oparte na wyraźnym rozróżnieniu formy i znaczenia poprzez zastosowanie wyłącznie kryterium morfologicznego. Relewantne cechy przymiotników są pogrupowane w typy fleksyjne na podstawie obecności lub braku końcówki, kombinatoryki końcówek w leksemie, występowania zmian morfonologicznych (w tym akcentu), alternacji we fleksji, oraz form obocznych. Formowanie typów fleksyjnych zgodnie z wyżej wymienionymi cechami dystynktywnymi zilustrowano przykładami, a następnie zaproponowano zmiany w tradycyjnej klasyfikacji części mowy.

scholarly journals Conceptualizing Lex Mercatoria: Malynes, Schmitthoff and Goldman compared

2020 ◽  
Vol 27 (4) ◽  
pp. 465-483
Author(s):  
Dave de Ruysscher
Keyword(s):  
International Business ◽  
The Other ◽  
Business Practices ◽  
New Approach ◽  
Or Practice ◽  
Law Merchant ◽  
Lex Mercatoria ◽  
The One ◽  
Ius Gentium ◽  
Do So

This article compares the doctrines on transnational commercial customs in Malynes’ Lex Mercatoria (1622) and in the writings of Clive M. Schmitthoff and Berthold Goldman. It is argued that core problems in conceptualizations of lex mercatoria are present in all these texts. Malynes unsuccessfully attempted to reconcile a new approach of considering law merchant as ius gentium on the one hand, with a tradition of particular customs of trade on the other. All three authors mentioned struggled when explaining how custom emerges from contracts or practice. Malynes, Schmitthoff and Goldman tried to apply existing notions (usage, custom) in order to do so, often referring to historical arguments, but they could not bridge the fundamental differences existing between customs of trade and ius gentium. As a result, all three authors failed in putting forward a workable theory of lex mercatoria. Non-matching legal views on international business practices were cut and pasted together, as it were, and new theories on lex mercatoria would do well not to replicate this approach.

Three uses of kata ‘person’ in Japanese

2012 ◽  
Vol 28 (1) ◽  
Author(s):  
Mutsuko Endo Hudson
Keyword(s):  
Present Article ◽  
The Other ◽  
Traditional Classification

AbstractThe present article analyzes the use of kata ‘person’ in contemporary Japanese. The main data of the study are the speech of students talking to professors in 12 videotaped conversations. An examination of the data reveals three usages of kata, serving exalting, beautifying and ‘buffer’ functions. The exalting usage is the traditional classification of kata (sonkeigo), a type of referent honorific, while the other two are addressee honorifics. These additions reflect the general shift from referent-controlled to addressee-controlled honorification. One possible motivation for using the beautifying and ‘buffer’ types is the ease of showing politeness, instead of converting the predicate into honorific forms. It was also found that students used hito ‘person (NEUTRAL)’ and ko ‘child, kid,’ in addition to kata. The distinction suggests a possible tendency for kata to be used for out-group social superiors, hito for people in general, and ko for in-group social equals and subordinates.

A New Approach to the Demonstration of Oxidase-Localization Using Tannic Acid Or Catechin

1973 ◽  
Vol 31 ◽  
pp. 698-699
Author(s):  
V. Mizuhira ◽  
Y. Futaesaku
Keyword(s):  
Cross Section ◽  
Tannic Acid ◽  
Elastic Fiber ◽  
The Other ◽  
New Approach ◽  
Tissue Block ◽  
Active Reaction ◽  
The Cross

Previously we reported that tannic acid is a very effective fixative for proteins including polypeptides. Especially, in the cross section of microtubules, thirteen submits in A-tubule and eleven in B-tubule could be observed very clearly. An elastic fiber could be demonstrated very clearly, as an electron opaque, homogeneous fiber. However, tannic acid did not penetrate into the deep portion of the tissue-block. So we tried Catechin. This shows almost the same chemical natures as that of proteins, as tannic acid. Moreover, we thought that catechin should have two active-reaction sites, one is phenol,and the other is catechole. Catechole site should react with osmium, to make Os- black. Phenol-site should react with peroxidase existing perhydroxide.

Consistency in Latency Measurements and Interpretation of ABR Tracings

1997 ◽  
Vol 6 (1) ◽  
pp. 57-62 ◽  
Author(s):  
Wayne O. Olsen ◽  
Terri L. Pratt ◽  
Christopher D. Bauch
Keyword(s):  
The Other

Multichannel ABR recordings for 30 otoneurologic patients were reviewed independently by three audiologists to assess interjudge consistency in determining absolute latencies and overall interpretation of ABR results. Four months later, the tracings were reviewed a second time to evaluate intrajudge consistency in interpretation of ABR waveforms. Interjudge agreement in marking latencies for waves I, III, and V within 0.2 ms was on the order of 90% or better. Intrajudge consistency was slightly higher. Only rarely did inter- or intrajudge differences in latency measurements exceed 0.3 ms. Agreement in overall interpretation of ABR results as "normal" or "abnormal" was unanimous for 90% of the patients. Across pairs of judges, the agreement for "normal" and "abnormal" classification of the ABR tracings was 97%. Intrajudge consistency for "normal" and "abnormal" categorization of the ABR results was 100% for one judge, 97% for the other two judges.

RHYNCHOLITES AND THE PROBLEM OF NARROW AND BROAD CONCEPTION OF TAXONS

2018 ◽  
pp. 12-17 ◽  
Author(s):  
I. R. Khuzina ◽  
V. N. Komarov
Keyword(s):  
Sexual Dimorphism ◽  
Morphological Characteristics ◽  
Mass Scale ◽  
Individual Variability ◽  
Point Of View ◽  
The Other ◽  
New Taxon ◽  
Artificial System ◽  
Broad Understanding

The paper considers a point of view, based on the conception of the broad understanding of taxons. According to this point of view, rhyncholites of the subgenus Dentatobeccus and Microbeccus are accepted to be synonymous with the genus Rhynchoteuthis, and subgenus Romanovichella is considered to be synonymous with the genus Palaeoteuthis. The criteria, exercising influence on the different approaches to the classification of rhyncholites, have been analyzed (such as age and individual variability, sexual dimorphism, pathological and teratological features, degree of disintegration of material), underestimation of which can lead to inaccuracy. Divestment of the subgenuses Dentatobeccus, Microbeccus and Romanovichella, possessing very bright morphological characteristics, to have an independent status and denomination to their synonyms, has been noted to be unjustified. An artificial system (any suggested variant) with all its minuses is a single probable system for rhyncholites. The main criteria, minimizing its negative sides and proving the separation of the new taxon, is an available mass-scale material. The narrow understanding of the genus, used in sensible limits, has been underlined to simplify the problem of the passing the view about the genus to the other investigators and recognition of rhyncholites for the practical tasks.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Challenging Gender Hierarchies in Narratives of the Nation: Representations of Women in Zintgraff and the Battle of Mankon and Hard Choice

Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji
Keyword(s):  
The Other ◽  
Literary Texts ◽  
Gender Differentiation ◽  
Hard Choice ◽  
Other Hand ◽  
Gender Hierarchies ◽  
The Face ◽  
The One ◽  
Representations Of Women ◽  
Do So

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.

MAPPING CONTEMPORARY ISLAMIC JURISPRUDENCE OF MUḤAMMAD SAʻĪD AL-‘ASHMĀWĪ AND MUḤAMMAD SHAḤRŪR

2018 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Yusroh Yusroh ◽  
Mohd. Zaki Abd. Rahman
Keyword(s):  
The Other ◽  
Russian Philosophy ◽  
New Approach ◽  
Marriage And Divorce ◽  
Other Hand ◽  
Islamic Jurisprudence

Muḥammad Saʻīd Al-‘Ashmāwī and Muḥammad Shaḥrūr are well known as contemporary Muslim thinkers. This article tries to map their contemporary ideas on Islamic jurisprudence. The main data of this research taken mainly from the works both of Al-‘Ashmāwī and Shaḥrūr. In particular, the paper tries to analyze Al-‘Ashmāwī‘s ideas on sharia, politics, hijab, marriage and divorce. On the other hand, the ideas of Shahrour on al-Qur'an, Sunnah and Fiqh, the theory of borders, pluralism, the commandment, inheritance, hijab, marriage, divorce, dowry, politics, and imamate are also critizised. After analyzing their lives and their ideas on Islamic jurisprudence, the paper found that their social, educational and practical backgrounds have affected their intellectual formations and ideas. Ashmawi is encouraged by diligence and enlightenment and is believed to be enlightened. Shahrour, however, takes a new approach in order to create the ḥudūd theory as a new way. As well as their intellectual background, Ashmawi has a good queen in Arabic, English and French as well as religion, Sharia, jurisprudence and theology. Shahrour is a good queen in Arabic, English, Russian, philosophy, philology and historical language.

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