4. Uncertain and Incomplete Agreements

Contract Law ◽  
2020 ◽  
pp. 119-141
Author(s):  
Ewan McKendrick
Keyword(s):  
Case Law ◽  
The Other ◽  
Considerable Difficulty ◽  
Other Hand ◽  
Legal Effect ◽  
The One

The parties to agreements sometimes express themselves in terms that are vague, incomplete, or uncertain. The courts have experienced considerable difficulty in deciding whether or not an agreement has been expressed in a form that is sufficiently certain for them to enforce. On the one hand, judges generally do not wish to be seen to be making the contract for the parties, and on the other hand, are reluctant to deny legal effect to an agreement that the parties have apparently accepted as valid and binding. The result has been a degree of tension in the case-law. This chapter examines two groups of cases. The first group consists of cases in which it was held that the agreement was too uncertain or too vague to be enforced, while the second comprises a number of cases in which the courts have concluded that the agreement was valid and binding.

4. Uncertain and Incomplete Agreements

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Case Law ◽  
The Other ◽  
Considerable Difficulty ◽  
Other Hand ◽  
Legal Effect ◽  
The One

The parties to agreements sometimes express themselves in terms that are vague, incomplete, or uncertain. The courts have experienced considerable difficulty in deciding whether or not an agreement has been expressed in a form that is sufficiently certain for them to enforce. On the one hand, judges generally do not wish to be seen to be making the contract for the parties, and on the other hand, are reluctant to deny legal effect to an agreement that the parties have apparently accepted as valid and binding. The result has been a degree of tension in the case-law. This chapter examines two groups of cases. The first group consists of cases in which it was held that the agreement was too uncertain or too vague to be enforced, while the second comprises a number of cases in which the courts have concluded that the agreement was valid and binding.

scholarly journals Statutory Decrystallisation of the Floating Charge: Implications for Business Sustainability

2016 ◽  
Vol 5 (1) ◽  
pp. 237
Author(s):  
Friday Okafor Onamson
Keyword(s):  
Case Law ◽  
The Other ◽  
Fixed Charge ◽  
Business Sustainability ◽  
Going Concern ◽  
Statutory Provision ◽  
General Law ◽  
Other Hand ◽  
The One ◽  
The Relationship

This paper analyzes the provisions of the Nigerian Companies and Allied Matters Act 2004 which, against the grain of general law rules on decrystallisation of floating charge, provides that a crystallised floating charge can decrystallise or refloat where the creditor withdraws from possession after the debtor has commenced payment or if the receiver, with consent of the creditor, is withdrawn. The analysis is relevant because the provision has dire implications for business sustainability since parties engage in debt transaction to sustain the going concern basis of their businesses. Bearing in mind that uncertainty pervades the boundaries between fixed and floating charge, the paper asks what is the priority status of a decrystallised floating charge as against a floating charge created prior to refloatation; and what is the relationship between the decrystallised floating charge and a fixed charge that predated the decrystallisation on the one hand and a fixed charge created post refloatation on the other hand. Using the case law and existing literature the paper showed that the statutory provision for decrystallisation of floating charge not only failed to clarify the general law rules on decrystallisation of floating charge, but it has cast a veil of uncertainty over the rights of parties to a debt transaction secured by floating charge. Since the provision can impact on the health of businesses, it behoves on the parties to be proactive in crafting debts contracts creating an interest secured by floating charge.

BANKER’S LIABILITY FOR POST-PETITION DISPOSITIONS

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Christopher Hare
Keyword(s):  
Current Account ◽  
The Other ◽  
Considerable Difficulty ◽  
Competing Interests ◽  
Other Hand ◽  
Court Orders ◽  
The One ◽  
A Company ◽  
Court Of Appeal ◽  
Consistent Approach

Once a petition to wind-up a company has been presented, a balance must be struck between two competing interests. On the one hand, the allegedly insolvent company must be allowed to continue trading until the court has had an opportunity to examine the bien-fondé of the petition; on the other hand, the company’s directors must be prevented from dealing with the corporate assets in a way detrimental to the interests of the general creditors. This balance is struck by the Insolvency Act 1986, s. 127, which provides that, upon the granting of a winding-up order, any “dispositions” of the company’s property in the period following the presentation of the petition are retrospectively avoided, unless the court orders otherwise. The courts have, however, had considerable difficulty in applying this provision to the post-petition operation of a company’s current account and, in particular, have failed to adopt a consistent approach to the potential liability of a bank for continuing to operate such an account. The Court of Appeal addressed this problem in Hollicourt (Contracts) Ltd. v. Bank of Ireland [2001] 2 W.L.R. 290.

scholarly journals Glosa do wyroku Sądu Okręgowego we Wrocławiu z dnia 16 lutego 2018 r. (III KK 125/17)

2019 ◽  
Vol 28 (4) ◽  
pp. 187
Author(s):  
Krzysztof Wala
Keyword(s):  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
Current Case ◽  
Other Hand ◽  
The One

<p>The current case law regarding the recognition of racially motivated offences as being undertaken without a reason or for an obviously trivial reason can raise serious doubts. It does not seem reasonable to assume the existence of a racial reason of the act of the perpetrator on the one hand, which is necessary for assigning an offence under Article 119 § 1 and Article 257 of the Criminal Code, and on the other hand, to recognise that the reason for the act of the perpetrator did not exist at all. Treating such reasons as trivial may also raise doubts on the juridical level.</p>

Tiny Land Features in Recent Maritime Delimitation Case Law

2016 ◽  
Vol 31 (1) ◽  
pp. 1-31 ◽  
Author(s):  
Paul von Mühlendahl
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Potential Effect ◽  
The Other ◽  
Conservative Approach ◽  
True Nature ◽  
Secondary Role ◽  
Other Hand ◽  
The One ◽  
The Relationship

A maritime delimitation is, in its very nature, a delicate process, whose complexity can be further compounded by the presence of tiny land features, as they can considerably distort the final delimitation line. In several recent maritime delimitation cases, the question of the legal status of such a feature has arisen on the one hand, and of the potential effect that its presence in the delimitation area should have on the boundary on the other hand. Among the multiple options that international judges or arbitrators may use, they have chosen, and rightly so, a conservative approach, consisting in attributing a largely secondary role, if any, to these chunks of emerged land. This raises the larger issue about the true nature of a maritime delimitation decided by a judge or an arbitrator and, by extension, the relationship between law and nature.

Uzasadnienia orzeczeń Trybunału Konstytucyjnego w kwestii dopuszczalności wniosków i skarg konstytucyjnych a konstytucyjne standardy sprawiedliwości proceduralnej

2014 ◽  
pp. 117-136
Author(s):  
Łukasz M. Bębenista
Keyword(s):  
Procedural Fairness ◽  
Case Law ◽  
The Other ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Reasonable Time ◽  
Other Hand ◽  
Comprehensive Examination ◽  
The One

The author focuses on how the Constitutional Court formulates reasons for its decisions on the admissibility of the constitutional complaints and applications. The Court’s practice is confronted with constitutional standards of procedural fairness. The author draws attention to the need to ensure the predictable nature of the decisions of the Constitutional Court by the consistency of its case-law, in particular with regard to the concept of the matters referred to in Art. 191 paragraph 2 of the Constitution. The author analyzes the requirement to indicate in what way the freedom or the applicant’s constitutional rights have been violated, having regard to the obligation to disclose the motives of the Court’s ruling in a clear manner. In the author’s opinion, the obligation to justify the decision in such a way that the applicant verify the judge reasoning also applies to the decision on account of appeal against a decision to refuse to grant constitutional complaint further. The author looks at the ground for refusal of the application or the constitutional complaint further action from the perspective of, on the one hand, the obligation of a comprehensive examination of the facts, on the other hand, the obligation to smooth hearing within a reasonable time.

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

The Salvage of Ideas: Schumpeter and the Core Problems Still Confronting Economics

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.

Pembaharuan Pesantren: Arah dan Implikasi

2018 ◽  
Vol 4 (1) ◽  
pp. 67-84
Author(s):  
Wahyudin Noor
Keyword(s):  
Rapid Development ◽  
The Other ◽  
Learning Methods ◽  
Technology Learning ◽  
Other Hand ◽  
The One ◽  
Traditional Term

Abstract Pesantren are often associated with backwardness and traditionalism in everything: facilities, technology, learning methods, and even the curriculum. For now, it seems like the traditional term for pesantren is no longer relevant enough. The pace of movement in the era of renewal marked by the rapid development of technology has demanded pesantren to make adjustments. However, on the one hand, when viewed from the direction of change, the reform efforts pursued by pesantren are not to erase the old tradition, but merely to add something new so that the old tradition and conditions can be maintained while accepting the presence of a new one. On the other hand, the reform efforts undertaken by pesantren have implications for the fact that the typical values of the pesantren are fading away. Abstrak  Pesantren seringkali diasosiasikan dengan keterbelakangan dan tradisional dalam segala hal: fasilitas, teknologi, metode pembelajaran, dan bahkan kurikulumnya. Untuk saat ini, sepertinya istilah tradisional untuk pesantren, sudah tidak lagi cukup relevan. Laju gerak pembaharuan zaman yang ditandai dengan pesatnya perkembangan teknologi telah menuntut pesantren untuk melakukan penyesuaian diri. Kendatipun demikian, di satu sisi, jika dilihat dari arah perubahan, upaya pembaharuan yang ditempuh pesantren tidaklah untuk menghapus tradisi yang lama, tetapi sekadar menambah dengan sesuatu yang baru sehingga tradisi maupun kondisi yang lama bisa dipertahankan sambil menerima kehadiran yang baru. Di sisi yang lain, upaya pembaharuan yang dilakukan pesantren ternyata berimplikasi pada kenyataan akan semakin pudarnya nilai-nilai khas yang dimiliki oleh pesantren.

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