Filling in the Gaps

2021 ◽  
pp. 391-408
Author(s):  
Bruce W. Frier
Keyword(s):  
The Other ◽  
Carry Over ◽  
Unjustified Enrichment

The Roman system of contracts left out of account many agreements that deserved enforcement, especially in a developed economy. The jurists clearly recognized the limits of their system, in particular the sometimes obscure boundaries of recognized contracts and the difficulty in recognizing new ones. For agreements that could not be accommodated, they eventually developed a rather awkward mechanism whereby, in principle, a contractual promise only became enforceable after one party performed its side, after which it could demand that the other party either carry out its promise or provide restitution of unjustified enrichment. This mechanism provides relief, but is obviously imperfect. Still, the jurists were at least willing to carry over from the recognized contracts some implied rights and duties.

Impact of Varying Flight Training Criteria on Flight Task Transfer Performance

1980 ◽  
Vol 24 (1) ◽  
pp. 572-572
Author(s):  
Mark Nataupsky ◽  
Thomas M. McCloy ◽  
John M. Bermudez ◽  
Valentin W. Tirnan ◽  
Villiam G. Buchta ◽  
...  
Keyword(s):  
Transfer Of Training ◽  
Transfer Task ◽  
Dependent Measure ◽  
The Other ◽  
Flight Training ◽  
Control Group ◽  
Wind Condition ◽  
Air Force Academy ◽  
Carry Over ◽  
Transfer Tasks

Recent studies have shown that criterion levels established in training directly affect later performance of subjects on experimental tasks. Approximately 20% of variance can be explained by these criteria. The purpose of this study was to determine if a similar relationship can be found in transfer of training situations. Twenty male Air Force Academy cadets were trained to one of two multiple criteria levels on a difficult flight manuever in a GAT-1 simulator. There was a easy criterion set and a more difficult criterion set. These two sets consisted of holding prescribed performance parameters in heading, vertical velocity, and altitude. After achieving their assigned criterion, all cadets in each of the two groups were then tested on the same task in a GAT-1 simulator, but this time the maneuver had to be performed under turbulent wind conditions. This wind condition served as the transfer task. Half of the cadets in each group had the same criterion in both the training and the transfer task. The other cadets had different criteria in the training and transfer tasks. Thus there were four experimental groups: easy-easy, easy-difficult, difficult-easy, difficult-difficult. One control group had the easy criterion while the other control group had the difficult criterion. There were five cadets in each control group. The dependent measure was the Transfer Effectiveness Ratio (TER), derived from trials of this criterion data. This index is an estimate of the amount of time saved in learning a transfer task when performance is adjusted to that of a control group. Several analyses of various tasks of derived scores yielded significant results, confirming that criterion levels established in training carry over to transfer of training situations. Moreover, the data showed consistency in accounting for 20% or more of the variance.

scholarly journals The Interaction of Rights of Relief and Unjustified Enrichment in Scots Law

2020 ◽  
Vol 24 (2) ◽  
pp. 202-231
Author(s):  
Euan West
Keyword(s):  
The Other ◽  
Precise Nature ◽  
Full Compensation ◽  
The Law ◽  
Unjustified Enrichment ◽  
Partial Compensation

In Scots law, a cautioner (i.e. a guarantor) who pays the guaranteed debt enjoys so-called “rights of relief” against the other parties liable for that debt: namely, a right to full compensation from the principal debtor (“total relief”) and a right to partial compensation from co-cautioners (“pro rata relief”). There has been an increasing tendency on the part of the Scottish courts to treat these rights of relief as a branch of the law of unjustified enrichment. This analysis, according to which a cautioner's payment of the guaranteed debt enriches the principal debtor and co-cautioners unjustifiably, thereby entitling the cautioner to redress, has been subject to academic criticism, with “enrichment” scholars arguing that rights of relief and unjustified enrichment are distinct areas of law. Building on the work of these scholars, this article explores the precise nature of the distinction between “enrichment” and “relief”, its implications for litigants faced with the choice whether to pursue a case on the basis of “relief” or “enrichment” and the extent to which these legal areas perform complementary roles.

Going in and out of Languages: An Example of Bilingual Flexibility

1994 ◽  
Vol 5 (4) ◽  
pp. 201-206 ◽  
Author(s):  
Francois Grosjean ◽  
Joanne L. Miller
Keyword(s):  
The Other ◽  
Production Model ◽  
Stop Consonants ◽  
Base Language ◽  
Carry Over ◽  
Critical Words

When bilinguals speak to one another, they choose a base language to interact in and then, depending on the need, code-switch to the other (guest) language for a word, a phrase, or a sentence During the perception of a code switch, there is a momentary dominance of base-language units at the onset of the switch, but it is unknown whether this base-language effect is also present in production, that is, whether the phonetics of the base language carry over into the guest language In this study, French-English bilinguals retold stories and read sentences monolingually in English and in French and bilingually in French with English code switches Both the stories and the sentences contained critical words that began with unvoiced stop consonants, whose voice onset times (VOT) were measured The results showed that the base language had no impact on the production of code switches The shift from one language to the other was total and immediate This manifestation of cross-linguistic flexibility is accounted for in terms of a bilingual production model

Illegal Contracts and Unjustified Enrichment

2000 ◽  
Vol 4 (1) ◽  
pp. 19-45
Author(s):  
Laura J Macgregor
Keyword(s):  
Related Question ◽  
The Other ◽  
Breach Of Contract ◽  
Unjustified Enrichment ◽  
Vexed Question

If a contract is treated as an illegal contract, the contracting parties are denied the contractual remedies which would normally be available to them on breach of contract. The contract may, however, have been partially performed. For example, one contracting party may have delivered goods and received no payment from the other contracting party. The availability of unjustified enrichment remedies in this type of situation has been a vexed question, not only in Scots law, but in many other jurisdictions. This article looks at the Scottish approach to the availability of enrichment remedies and also at the related question of whether it is possible for title to goods to pass under an illegal contract. The focus thereafter lies on options for reform, and, in particular, the use of legislative discretion.

scholarly journals Respiratory disease in a colony of rats. II. Isolation ofMycoplasma pulmonisfrom the natural disease, and the experimental disease induced with a cloned culture of this organism

1972 ◽  
Vol 70 (3) ◽  
pp. 387-407 ◽  
Author(s):  
P. Whittlestone ◽  
Ruth M. Lemcke ◽  
R. J. Olds
Keyword(s):  
Respiratory Disease ◽  
Sendai Virus ◽  
Chronic Respiratory Disease ◽  
Lung Homogenate ◽  
The Other ◽  
Respiratory Pathogens ◽  
Mycoplasma Pulmonis ◽  
Group A ◽  
Carry Over ◽  
Group B

SUMMARYMycoplasma pulmoniswas isolated from the pneumonic lung of a rat. Two groups of mycoplasma-free rats were inoculated, one with a culture of theM. pulmonisstrain winch had been cloned four times (group A) and the other with a lung homogenate of the rat from which the strain had been isolated (group B). A third group (C) consisted of uninoculated control animals. Each group was kept in strict isolation and allowed to breed so that the progeny was naturally exposed to any pathogens present in the inoculated animals. After different periods of exposure, rats were autopsied, respiratory tracts and inner ears were cultured for mycoplasmas and bacteria, and sera were tested for complement-fixing antibodies to murine mycoplasmas.In group-A rats,M. pulmoniswas consistently isolated from the inner ears or lungs from 50 to 715 days after exposure. Complement-fixing antibody toM. pulmoniswas detected 20 days after inoculation, but in the naturally exposed progeny antibody took longer than 50 days to develop. Antibodies to the other known mycoplasmas of murino origin,M. arthritidisandM. neurolylicum, were never found. Purulent otitis interna was consistently found from day 55 onwards, while lung lesions were first observed at 85 days and persisted to 715 days. Pulmonary lesions developed more slowly in inoculated parents than in exposed progeny. Similar results were found in group-B rats, which were examined up to 441 days after inoculation. Uninoculated group-C rats were examined up to 768 days of ago, butM. pulmoniswas not recovered; of tho 54 animals whose serum was tested all wore negativo to tho three species of mycoplasmas, except one which had a titre of 16 withM. pulmonis. Pneumonia, bronchiectasis or lymphoroticular hyperplasia wore not seen in any of these control rats. Bacterial respiratory pathogens were not isolated from rats in any of the groups, nor was antibody to Sendai virus detected.Tho results suggest thatM. pulmonisalono can cause pneumonia and bronchiee-tasis in rats since mechanical carry-over of another pathogen with the initial cloned inoculum is very unlikely and there was no evidence for the participation of any other rat pathogen. The respiratory disease induced by the cloned culture was comparable with that induced by the lung homogenate, and with the well-known syndrome of chronic respiratory disease and bronchiectasis in the rat.

Deliberation, Single-Peakedness, and Coherent Aggregation

2021 ◽  
Vol 115 (2) ◽  
pp. 629-648
Author(s):  
SOROUSH RAFIEE RAD ◽  
OLIVIER ROY
Keyword(s):  
The Other ◽  
Computational Results ◽  
Preference Change ◽  
Computational Simulations ◽  
Rational Deliberation ◽  
Other Hand ◽  
Group Preferences ◽  
Single Peakedness ◽  
The Creation ◽  
Carry Over

Rational deliberation helps to avoid cyclic or intransitive group preferences by fostering meta-agreements, which in turn ensures single-peaked profiles. This is the received view, but this paper argues that it should be qualified. On one hand we provide evidence from computational simulations that rational deliberation tends to increase proximity to so-called single-plateaued preferences. This evidence is important to the extent that, as we argue, the idea that rational deliberation fosters the creation of meta-agreement and, in turn, single-peaked profiles does not carry over to single-plateaued ones, and the latter but not the former makes coherent aggregation possible when the participants are allowed to express indifference between options. On the other hand, however, our computational results show, against the received view, that when the participants are strongly biased towards their own opinions, rational deliberation tends to create irrational group preferences, instead of eliminating them. These results are independent of whether the participants reach meta-agreements in the process, and as such they highlight the importance of rational preference change and biases towards one’s own opinion in understanding the effects of rational deliberation.

Hearing As

2020 ◽  
pp. 118-145
Author(s):  
William G. Lycan
Keyword(s):  
Human Life ◽  
Illocutionary Force ◽  
The Other ◽  
Attention Theory ◽  
Harmonic Modulation ◽  
Carry Over

Nearly everything ever written by philosophers on aspect perception has been about vision. This chapter catalogs some views and lessons regarding “seeing as,” and argues that not all of them carry over to aspect perception in hearing. In particular, the attention theory, very attractive for the case of vision, is not plausible for hearing. Hearing-as plays at least two central roles in human life. The chapter continues by illustrating them. One is in the appreciation of music: tonality, the ambiguity exploited in harmonic modulation, and the expressing of emotion. The other is in understanding speech: hearing sounds as speech at all, disambiguating utterances, and assigning illocutionary force.

scholarly journals Electrophysiological Evidence of the Amodal Representation of Symmetry in Extrastriate Areas

2021 ◽  
Author(s):  
Giulia Rampone ◽  
Martyna Adam ◽  
Alexis D.J. Makin ◽  
John Tyson-Carr ◽  
Marco Bertamini
Keyword(s):  
Retinal Image ◽  
The Other ◽  
Occluded Objects ◽  
Abstract Shape ◽  
Electrophysiological Responses ◽  
Visual Areas ◽  
Large Rectangle ◽  
Carry Over ◽  
Partially Occluded ◽  
Extrastriate Areas

Abstract Extrastriate visual areas are strongly activated by image symmetry. Less is known about symmetry representation at object-, rather than image-, level. Here we investigated electrophysiological responses to symmetry, generated by amodal completion of partially-occluded polygon shapes. We used a similar paradigm in four experiments (N=112). A fully-visible abstract shape (either symmetric or asymmetric) was presented for 250ms (t0). A large rectangle covered it entirely for 250ms (t1) and then moved to one side to reveal half of the shape hidden behind (t2, 1000ms). Note that at t2 no symmetry could be inferred from retinal image information. In half of the trials the shape was the same as previously presented, in the other trials it was replaced by a novel shape. Participants matched shapes similarity (Exp. 1 and Exp. 2), or their colour (Exp. 3) or the orientation of a triangle superimposed to the shapes (Exp. 4). The fully-visible shapes (t0-t1) elicited automatic symmetry-specific ERP responses in all experiments. Importantly, there was an exposure-dependent symmetry-response to the occluded shapes that were recognised as previously seen (t2). Exp. 2 and Exp.4 confirmed this second ERP (t2) did not reflect a reinforcement of a residual carry-over response from t0. We conclude that the extrastriate symmetry-network can achieve amodal representation of symmetry from occluded objects that have been previously experienced as wholes.

scholarly journals On the adjoint group of some radical rings

1997 ◽  
Vol 39 (1) ◽  
pp. 35-41 ◽  
Author(s):  
Oliver Dickenschied
Keyword(s):  
Abelian Subgroup ◽  
Jacobson Radical ◽  
Additive Group ◽  
The Other ◽  
Adjoint Group ◽  
Radical Ring ◽  
Finiteness Conditions ◽  
Prüfer Rank ◽  
Carry Over ◽  
Minimax Condition

A ring R is called radical if it coincides with its Jacobson radical, which means that Rforms a group under the operation a ° b = a + b + ab for all a and b in R. This group is called the adjoint group R° of R. The relation between the adjoint group R° and the additive group R+ of a radical rin R is an interesting topic to study. It has been shown in [1] that the finiteness conditions “minimax”, “finite Prufer rank”, “finite abelian subgroup rank” and “finite torsionfree rank” carry over from the adjoint group to the additive group of a radical ring. The converse is true for the minimax condition, while it fails for all the other above finiteness conditions by an example due to Sysak [6] (see also [2, Theorem 6.1.2]). However, we will show that the converse holds if we restrict to the class of nil rings, i.e. the rings R such that for any a є R there exists an n = n(a) with an = 0.

scholarly journals Characteristics of Fire Blight Cankers following Shoot Inoculations of Three Apple Cultivars

HortScience ◽  
1994 ◽  
Vol 29 (7) ◽  
pp. 795-797 ◽  
Author(s):  
A.R. Biggs
Keyword(s):  
Fire Blight ◽  
Erwinia Amylovora ◽  
Linear Trend ◽  
Growing Season ◽  
Causal Agent ◽  
The Other ◽  
Significant Linear Trend ◽  
Apple Cultivars ◽  
Carry Over

Three apple (Malus domestics Borkh.) cultivars varying in susceptibility to Erwinia amylovora (Burr.) Winslow et al., the causal agent of tire blight, were inoculated at biweekly intervals during the growing season. Data were collected on percent infection, canker length, and canker margin quality (a reflection of the overwintering status of the infection). There was a significant cultivar × noculation date interaction, indicating that cultivars that are more susceptible to the pathogen are more likely to develop cankers with indeterminate margins. For `Cortland' and `Jonathan', but not `Delicious', there was a significant linear trend toward forming indeterminate cankers as inoculations were made later in the season. Cankers initiated earlier in the season were more likely to be determinate, which suggests that later-season infections on susceptible cultivars carry over inoculum to the following season. No specific switch-over period from determinate- to indeterminate-type cankers could be identified, and canker margin qualities changed gradually during the growing season. As expected, `Delicious' appeared resistant to tire blight in this study, based on percent infection, canker length, and canker margin type, whereas `Cortland' and `Jonathan' appeared moderately and highly susceptible, respectively. `Delicious' was more likely to form cankers with determinate margins, which suggests that cankers formed on this cultivar are less likely to produce inoculum in the spring than the other two cultivars.

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