Contract

Author(s):  
John Baker

This chapter traces the development of the action of assumpsit, a species of trespass on the case used to enforce informal contracts. The earliest examples were of ‘misfeasance’ causing physical damage; they belong as much to the history of tort as of contract. There were intellectual obstacles to extending the trespassory remedy to mere ‘nonfeasance’, but they were overcome by drawing (inter alia) on the concepts of deceit, reliance, and (in Doige’s Case) on the mutual force of bargains. The competing principles were brought together in the Tudor doctrine of consideration, which also accommodated the binding force of mutual executory promises. The use of assumpsit to recover debts, and thereby avoid wager of law, caused a prolonged controversy between the King’s Bench and Common Pleas, which was ended by Slade’s Case (1602). The action was soon afterwards held to lie against executors.

2014 ◽  
Vol 2014 ◽  
pp. 1-5 ◽  
Author(s):  
Andrea A. Conti

Medical rehabilitation is the process targeted to promote and facilitate the recovery from physical damage, psychological and mental disorders, and clinical disease. The history of medical rehabilitation is closely linked to the history of disability. In the ancient western world disabled subjects were excluded from social life. In ancient Greece disability was surmounted only by means of its complete removal, and given that disease was considered a punishment attributed by divinities to human beings because of their faults and sins, only a full physical, mental, and moral recovery could reinsert disabled subjects back in the society of “normal” people. In the Renaissance period, instead, general ideas functional for the prevention of diseases and the maintaining of health became increasingly technical notions, specifically targeted to rehabilitate disabled individuals. The history of medical rehabilitation is a fascinating journey through time, providing insights into many different branches of medicine. When modern rehabilitation emerges, around the middle of the twentieth century, it derives from a combination of management approaches focusing on the orthopaedic and biomechanical understanding of patterns of movement, on the mastering of neuropsychological mechanisms, and on the awareness of the social-occupational dimension of everyday reality.


2021 ◽  
Vol 7 (2) ◽  
pp. e38-e38
Author(s):  
Maryam Masoumi ◽  
Javad Balasi ◽  
Seyed Mahdi Aghamiri ◽  
Soroush Moradi ◽  
Mahbube Baghban ◽  
...  

Introduction: Methotrexate is widely used as the most common disease-modifying anti-rheumatoid drug (DMARD) and is known as the first line treatment for rheumatoid arthritis (RA). Objectives: To assess the side effects of methotrexate in Iranian patients with RA and to compare them with the known side effects from previous studies. Patients and Methods: We conducted a cross-sectional study of 300 patients who fulfilled the EULAR 2010 criteria of RA. The following data were recruited from patients’ profiles; age, body mass index (BMI), duration of treatment with methotrexate, initiating dose, maximum dose and current dose of methotrexate, history of fatty liver disease or hepatitis B and concomitant use of sulfasalazine, leflunomide or hydroxychloroquine. Results: In 149 out of 300 patients (49.66%), Methotrexate therapy was stopped or tapered due to side effects including nausea (23%), flu-like symptoms (8%), hepatotoxicity (12%) and hair loss (6%). The patients with hepatotoxicity had a higher duration of treatment with methotrexate (10.35 compared with 5.83; P<0.001) and also the higher initiating dose of methotrexate (12.91 compared with 12.17; P=0.010). All of the RASS (rheumatoid arthritis severity scale) indexes including disease activity, functional impairment, and physical damage are related to the presence of hepatotoxicity (P<0.001). Conclusion: Methotrexate is an excellent and effective agent for the treatment of RA and its potential side effects during the treatment are dependent on the methotrexate dosage, the level of anti-citrullinated protein antibody (ACPA) and anti-MCV antibodies and concomitant use of other drugs such as leflunomide.


2002 ◽  
Vol 713 ◽  
Author(s):  
Wayne C. Downs ◽  
Chang H. Oh ◽  
Todd Housley ◽  
Jeff Sondup

ABSTRACTBeginning in 1952, waste materials, including volatile organic compounds (VOCs)contaminated with transuranic radionuclides, were generated during the fabrication, assembly, and processing of nuclear weapons components in the US Department of Energy (DOE) weapons productions complex at the Rocky Flats Plant (RFP). Following processing and containerization, drums were shipped to the Subsurface Disposal Area (SDA) at the Idaho National Engineering and Environmental Laboratory (INEEL). During 1968 approximately 9,691 drums were buried there.In subsequent years, observations made during drum retrieval studies indicated that many of the drums were compromised on impact or suffered physical damage by compaction equipment shortly after burial. Corrosion also appears significant on drums buried for a few years. A large vadose-zone contaminant plume composed of solvents buried in the drums has been found beneath the burial area.Phase partitioning calculations show it unlikely that separate-phase solvent has leaked from the compromised drums deep into the soil profile or that solvents have dissolved into infiltrating water. Rather, it appears that the solvents are evaporating out of the barrels into the air phase and further partitioning from there throughout the subsurface.This paper describes the history of mixed wastes buried at the SDA, phase partitioning, and preliminary computer simulation results on gas contaminant mobility in the vadose zone.


Author(s):  
V. V. Veeder

This chapter explores inter-state arbitration, which is largely influenced by two different traditions, drawn from diplomacy and commerce under public and private international law respectively. The recent history of state–state and also, in part, of investor–state arbitration is the history of the Permanent Court of Arbitration (PCA). As intended by the two Hague Conferences more than a century ago, arbitrations under treaties are still marked by the necessity for the parties’ consent, including a state’s limitation as to the categories of dispute referable to arbitration; a neutral appointing or administering authority; a settled procedure subject to party autonomy; the parties’ involvement in the appointment of the tribunal; and the absence of any appeal from an award for an error of law or fact. For inter-state arbitration and (notwithstanding the ICSID and New York Conventions) investor–state arbitration also, the recognition of the award by the losing party is usually made voluntarily. It is the parties’ arbitration, the award is the product of their consent and, accordingly, the award has a moral binding force for the parties often absent from non-consensual mechanisms.


MRS Bulletin ◽  
1993 ◽  
Vol 18 (3) ◽  
pp. 66-71 ◽  
Author(s):  
D.E. Macphee ◽  
F.P. Glasser

Portland cement and Ca(OH)2, “slaked lime,” are representative of a family of materials that have conceptual and practical advantages as matrices for the immobilization of wastes. These are relatively proven construction materials with an extensive history of use in various ground-water regimes, and in various climates. The raw materials are widely available and they exhibit a reasonable amount of resistance to physical damage and attrition. They are also durable. Although modern Portland cements are only about 150 years old, numerous examples of Roman concrete made from slaked lime and volcanic pozzolanic ash survive; the Pantheon in Rome (circa A.D. 300) continues in regular use.Satisfactory immobilization matrices can also be formed by incorporating other artificial waste materials, e.g. coal combustion fly ash, blast furnace slag, and natural materials such as calcined kaolin or siliceous volcanic ashes containing glass and zeolites. These materials react with Ca(OH)2 and cement to become an integral part of a cement matrix. Thus one waste (ash, slag) can be used to help immobilize another, and may actually improve the retentive capacity of a cementitious matrix.Since cements require water to harden, they are tolerant of wet wastes and are especially useful for many effluents. In addition, they are low-cost, nonflammable materials with the potential to provide chemical and physical immobilization of wastes, but their set characteristics can be affected by certain material additions. Table I balances some advantages against disadvantages of the use of cement systems for waste immobilization.


2007 ◽  
Vol 36 (2) ◽  
Author(s):  
Leonard Orr

AbstractWhat does it mean to say that a given text is uninterpretable? While there are always the examples of accidental uninterpretability (cases of works that have suffered severe physical damage, texts in real languages not known by readers, references and allusions that were not kept alive as intertexts for other groups), this is not the focus of criticism or hermeneutics. There is a long and important history of purposeful obscurity, of authors who, for whatever reasons, made their texts difficult and challenging for any reader they constructed. Others did this without regard for the readers' responses, or so it would seem, following their own private visions, compositional or generative rules and constraints, or because they were in some sense writing-under-the influence (to cover a group from Plato's poets to the mescaline-induced writing and art of Henri Michaux). The test cases for this article will be drawn from works by authors with a developed aesthetics of functional indeterminacy (such as Gertrude Stein, James Joyce's


2013 ◽  
Vol 26 (1) ◽  
pp. 34-64
Author(s):  
Giovanni Fiaschi

Far from being only an insincere homage to the spirit of his time, Hobbes’s concern for theology is a consequence of his political individualism. Irrespective of God’s real existence, in order to answer the ‘Foole’ and to assure legitimation and obedience to Leviathan, calculating reason is not enough, as individual faith in God and in the binding force of His law of nature is required. In Leviathan II, chapter XXXI, the correspondence between the earthly king, i.e. the mortal god, and the immortal God proves to be the starting point for a new political theology, conceived as a practical science for the needed order of peace in this unique, material world. The divine image of sovereignty, embodied by Almighty God, is the beginning and the end of an immanent, sacred history of salvation that resembles a utopian tale, not in an attempt to oppose or overturn the present political order, but to solve the problems of modern political rationality by means of theological imagination.


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