Express Warranties And Misrepresentations

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Considerable Importance ◽  
Precise Nature ◽  
Traditional Remedy ◽  
The Status ◽  
Contractual Term ◽  
American Law ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Consequences ◽  
The Way

Before or at the time of entering a contract a buyer’s attention will frequently be drawn to statements which relate to the quality and potential of the goods. Such statements may take any one of a number of forms and the way they are classified will have an important effect on the remedies available should they ultimately be found to be false or unsubstantiated. Thus a statement may be no more than a mere ‘puff ’ or a matter of opinion and, as such, it will usually give rise to no liability whatsoever. Alternatively it may constitute a misrepresentation of fact inducing the representee to enter into the contract. The traditional remedy would then be rescission of the contract and an indemnity in equity, damages in the tort of deceit if the statement was made fraudulently, and, later, damages under the Hedley Byrne doctrine if it was made negligently. Within English law the Misrepresentation Act 1967 is now of considerable importance in such cases. Such a statement may also give rise to an estoppel, thus precluding its maker from asserting its falsity as against a person who was intended to rely on it and did rely on it to his detriment. Finally, the statement may be classified as a contractual term. Where this is so the maker will be taken to have warranted or guaranteed the truth of the statement and a remedy will be available without the need to prove deceit or negligence. The precise nature of this remedy (whether repudiation or damages) will depend on the status or importance of the term to the contract. This classification and its legal consequences will now be examined in more detail insofar as it affects the relationship of seller and purchaser. Thereafter it is proposed to discuss the possible application of some of the principles to manufacturers. In this latter context particular reference will be made to the express warranty theory of American law and to the collateral contract doctrine of English and Commonwealth law.

Anthropological communities of interpretation for Burma: An overview

2008 ◽  
Vol 39 (2) ◽  
pp. 239-254 ◽  
Author(s):  
U Chit Hlaing
Keyword(s):  
Southeast Asia ◽  
Ethnic Groups ◽  
Field Of Study ◽  
Anthropological Theory ◽  
History Of ◽  
Relationship Of ◽  
The Relationship ◽  
The Way

AbstractThis paper surveys the history of anthropological work on Burma, dealing both with Burman and other ethnic groups. It focuses upon the relations between anthropology and other disciplines, and upon the relationship of such work to the development of anthropological theory. It tries to show how anthropology has contributed to an overall understanding of Burma as a field of study and, conversely, how work on Burma has influenced the development of anthropology as a subject. It also tries to relate the way in which anthropology helps place Burma in the broader context of Southeast Asia.

scholarly journals HOW TO SABOTAGE A SECRET SOCIETY: THE DEMISE OF CARL FRIEDRICH BAHRDT'S GERMAN UNION IN 1789

2017 ◽  
Vol 61 (2) ◽  
pp. 379-402
Author(s):  
ANDREW MCKENZIE-MCHARG
Keyword(s):  
Secret Society ◽  
Republic Of Letters ◽  
The Public ◽  
The North ◽  
State And Society ◽  
German Republic ◽  
The Status ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

AbstractIn 1789 in Leipzig, a slim pamphlet of 128 pages appeared that sent shock waves through the German republic of letters. The pamphlet, bearing the title Mehr Noten als Text (More notes than text), was an ‘exposure’ whose most sensational element was a list naming numerous members of the North German intelligentsia as initiates of a secret society. This secret society, known as the German Union, aimed to push back against anti-Enlightenment tendencies most obviously manifest in the policies promulgated under the new Prussian king Frederick William II. The German Union was the brainchild of the notorious theologian Carl Friedrich Bahrdt (1741–92). But who was responsible for the ‘exposure’? Using material culled from several archives, this article pieces together for the first time the back story to Mehr Noten als Text and in doing so uncovers a surprisingly heterogeneous network of Freemasons, publishers, and state officials. The findings prompt us to reconsider general questions about the relationship of state and society in the late Enlightenment, the interplay of the public and the arcane spheres and the status of religious heterodoxy at this time.

scholarly journals The brain as a fundamental axis in learning process

2019 ◽  
Vol 5 (4) ◽  
pp. 38-45
Author(s):  
Luis Raul Meza Mendoza ◽  
María Elena Moya Martinez ◽  
Angelica Maria Sabando Suarez
Keyword(s):  
Learning Process ◽  
The Body ◽  
Traditional Scheme ◽  
Teaching Learning ◽  
Relationship Of ◽  
The Relationship ◽  
The Brain ◽  
Learning Schemes ◽  
New Strategies ◽  
The Way

Since the beginning of humanity, an attempt has been made to explain the way in which man acquires knowledge, the way in which he assimilates, processes and executes it in order to develop the teaching-learning process that people need throughout of his life, which forces to change the learning schemes using new study methodologies, such as neuroscience, which is a discipline that studies the functioning of the brain, the relationship of neurons to the formation of synapses creating immediate responses which transmits to the body voluntarily and involuntarily, in addition to controlling the central and peripheral nervous system with their respective functions. It is necessary to change the traditional scheme and implement new strategies that allow the teacher to venture into neuroscience, in order to individually understand the different learning processes that students do. As some authors of neuroscience say, the brain performs processes of acquisition, storage and evocation of information, which form new knowledge schemes that generate changes in the attitude of the human being, for this reason teachers are responsible for taking advantage of what It is known about the multiple functions of the brain and be clear about the various ways of acquiring knowledge.

scholarly journals Archiving Metaxourgio

2021 ◽  
pp. 167-184
Author(s):  
Thomais Kordonouri
Keyword(s):  
Urban Area ◽  
21St Century ◽  
Ground Level ◽  
The Past ◽  
The Future ◽  
Relationship Of ◽  
The Relationship ◽  
Selection Of ◽  
The Way

‘Archive’ is a totality of records, layers and memories that are collected. A city is the archive that consists of the conscious selection of these layers and traces of the past and the present, looking towards the future. Metaxourgio is an area in the wider historic urban area of Keramikos in Athens that includes traces of various eras, beginning in the Antiquity and continuing all the way into the 21st century. Its archaeological space ‘Demosion Sema’ is mostly concealed under the ground level, waiting to be revealed. In this proposal, Metaxourgio is redesigned in light of archiving. Significant traces of the Antiquity, other ruins and buildings are studied, selected and incorporated in the new interventions. The area becomes the ‘open archive’ that leads towards its lost identity. The proposal aims not only to intensify the relationship of architecture with archaeology, but also to imbue the area’s identity with meanings that refer to the past, present and future.

scholarly journals The Relationship of Waste Management With The Incidence Of Diarrhea In Argasunya Village Cirebon City

2018 ◽  
Vol 5 (1) ◽  
pp. 16-22
Author(s):  
Jaenudin ◽  
Sandi Aprianto ◽  
Citra Setyo Dwi Andini
Keyword(s):  
Waste Management ◽  
Univariate Analysis ◽  
P Value ◽  
Chi Square ◽  
The Status ◽  
Diarrhea Incidence ◽  
Chi Square Test ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

Background: Garbage is something material or solid objects that is no used by humans. The impact or risk of improper handling of garbage can cause to environmental damages that can cause health problems and disesase, one of them is diarrhea disease. According to the health profile of West Java Province (2012) showed that the 1.906.886 diarrhea incidence. Cirebon City is ranked ninth with 88,702 diarrhea incidence. Purpose: The purpose of this research is to know the relationship of waste management with the incidence of diarrhea In Argasunya Village Cirebon City. Method: This research used descriptive correlation with kohort retrospekif approach. The population in this study that is all the people who suffer from diarrhea in the Argasunya Village with 72 respondents. The sample in this study using total sampling with 72 respondents who suffer from diarrhea. The research instrument used the observation sheet of waste management and the result of the status of the patient according the medical record data in Sitopeng Public Health Center. The analysis used univariate and bivariate used Chi Square test. Result: The result of univariate analysis showed that most of the waste management did not fulfill the requirement of 59 respondents (81,9%) and most of the acute diarrhea was 62 respondents (86,1%). There was no significant relationship of waste management with the incidence of diarrhea In Argasunya Village Cirebon City, p-value = 0,677.

‘TRANS-’ APPROACH TO ARCHITECTURE AND MUSIC INTERACTION: THE RELATIONSHIP BETWEEN MARCOS NOVAK’S LIQUID ARCHITECTURE AND MUSIC

2020 ◽  
Vol 0 (21) ◽  
pp. 0-0
Author(s):  
Gizem ÖZKAN ÜSTÜN ◽  
Pınar DİNÇ KALAYCI
Keyword(s):  
Case Studies ◽  
Historical Process ◽  
Music And Architecture ◽  
New Form ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Architecture And Music ◽  
Process Method ◽  
The Way

Aim: The aim of this research is to identify the Novak’s relationship of ‘liquid architecture and music’ as an approach that diverges from the architecture music relationships that have been built throughout the historical process. Method: In describing the approach, initially, the intellectual and critical foundations and features of liquid architecture were emphasized, and subsequently, its relationship with music was discussed through case studies in comparison to the current relationship between architecture and music. Results: When the current relationships of the architecture and music are evaluated, the attitude apart from the arising sensations and affections doesn’t exist within the relationship of liquid architecture and music. Liquid architecture, which has characteristics such as continuity, timelessness, plurality, poetry and obscurity, acquires the characteristics of the individual varying based on his/her body, senses, perceptions, and emotions as the way of producing architecture. It is claimed that the liquidity approach will influence music and architecture in different ways than is known, and that music will transform into a new form of architecture, while architecture becoming a new form of music. In this context, it extends ‘beyond (trans-)’ the limits of current approaches. Conclusion: The sixth category of methodical approaches in architecture music interaction can be defined as the relationship of liquid architecture and music. The way it relates to music and the way it produces architecture also suggests a direction of development to concrete architecture and virtually warns about renewing its theory and tools.

The Literary Artwork between Word and Concept

2019 ◽  
pp. 115-130
Author(s):  
Gerhard Richter
Keyword(s):  
Literary Text ◽  
Work Of Art ◽  
Philosophical Interpretation ◽  
Figurative Speech ◽  
Relationship Of ◽  
The Relationship ◽  
Speculative Thought ◽  
Recent Interpretation ◽  
The Way

This chapter investigates another set of problems with which the uncoercive gaze must contend when it fastens upon a work: the relationship of speculative thought to the work of art and the ways in which the chasm between literal and figurative speech bears upon that relationship. One of the themes that a reading of Kafka’s The Trial should emphasize is the way in which a literary text both calls for philosophical interpretation and resists such interpretation at the same time. One problem that arises out of this constellation concerns the question of the relationship between the literal and the figurative nature of a text’s rhetorical operations. If Kafka’s novel, by causing the relation between the literal and the figural to enter a space of indeterminacy, enacts a situation in which, as Adorno characterizes it, “a sickness means everything [eine Krankheit alles Bedeuten],” no reading of Kafka—at least no reading informed by the sensibilities of the uncoercive gaze—can afford to ignore the precise conceptual terms of this sickness. Finally, to cast Adorno’s reflections on Kafka into sharper relief, the chapter also considers them in relation to Giorgio Agamben’s recent interpretation of The Trial as Kafka’s commentary on the imbrication of law and slander.

Biblical Beginnings

2020 ◽  
pp. 55-102
Author(s):  
Michael E. Pregill
Keyword(s):  
Hebrew Bible ◽  
Religious Practice ◽  
Divine Presence ◽  
Golden Calf ◽  
The Status ◽  
Exodus Narrative ◽  
Relationship Of ◽  
The Relationship ◽  
Ideological Construction ◽  
The Invisible

This chapter examines the main narrative of the Golden Calf found in Exodus 32, as well as other allusions to this episode from Israel’s history from what became the canonical Hebrew Bible. The account of the Calf in Exodus appears to have been shaped by polemical imperatives in the earliest stages of its development, and reflects complex questions surrounding sanctioned forms of divine worship, the status of different priestly groups, and the relationship of those groups to the Israelite monarchies and the cult forms they sponsored. The conception of the Calf in Exodus appears to reflect ancient ideas about the sanctioned means of worshipping the God of Israel, with an older form of Israelite cult practice—the use of bulls or calves to suggest the invisible divine presence—being critiqued here. However, rather than corroborating the Exodus narrative’s presentation of the affair, the version of the episode preserved in Deuteronomy reflects the profoundly different imperatives of a later age. While the Exodus narrative ultimately hearkens back to a time in Israel’s history in which the making of the Calf was perceived primarily as a lamentable cultic infraction, the reframing of the narrative in Deuteronomy embeds it in a larger discourse in which the making of the Calf appears as the pre-eminent example of idolatry, a distinctive ideological construction of the exilic and post-exilic periods that marked all forms of religious practice not sanctioned as “orthodox” as betrayals of the covenant and regression to the worship of false gods.

scholarly journals Anger fast and slow: mediations of justice and violence in the age of populism

2020 ◽  
Vol 10 (2) ◽  
pp. 169-185 ◽  
Author(s):  
William Davies
Keyword(s):  
Public Sphere ◽  
Political Action ◽  
Political Rhetoric ◽  
Perceived Injustice ◽  
Ideal Types ◽  
The Past ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
Over Time

The rise of populist political rhetoric and mobilisation, together with a conflict-riven digital public sphere, has generated growing interest in anger as a central emotion in politics. Anger has long been recognised as a powerful driver of political action and resistance, by feminist scholars among others, while political philosophers have reflected on the relationship of anger to ethical judgement since Aristotle. This article seeks to differentiate between two different ideal types of anger, in order to illuminate the status of anger in contemporary populist politics and rhetoric. First, there is anger that arises in an automatic, pre-conscious fashion, as a somatic, reactive and performative way, to an extent that potentially spirals into violence. Second, there is anger that builds up over time in response to perceived injustice, potentially generating melancholia and ressentiment. Borrowing Kahneman’s dualism, the article refers to these as ‘fast’ and ‘slow’ anger, and deploys the distinction to understand how the two interact. In the hands of the demagogue or troll, ‘fast anger’ can be deployed to focus all energies on the present, so as to briefly annihilate the past and the ‘slow anger’ that has been deposited there. And yet only by combining the conscious reflection of memory with the embodied response of action can anger ever be meaningfully sated in politics.

The relationship of skin follicle development to growth rate in sheep.

1955 ◽  
Vol 6 (2) ◽  
pp. 308 ◽  
Author(s):  
PG Schinckel
Keyword(s):  
Growth Rate ◽  
Birth Weight ◽  
Growth Conditions ◽  
Considerable Importance ◽  
Follicle Development ◽  
Factors Affecting ◽  
Relationship Of ◽  
The Relationship

Observations are reported on factors affecting the ratio of secondary to primary follicles (SJP) in a flock of Merino sheep.It was found that all follicles were initiated prior to birth but that the number which finally came to maturity (production of fibre) was significantly affected by birth weight and growth from birth to 1 month. Growth at later ages appeared to be unimportant. There was a significant correlation (r = +0.29) between birth weight and log potential S/P at birth. This is interpreted to indicate that while pre-natal growth conditions affect the number of follicles initiated, other factors are also of considerable importance. It is concluded that the larger animals at birth also have a greater total number of primary follicles than smaller animals. It is further concluded that this difference in total primary follicles results primarily from differences in size a t the 90th day of pre-natal life rather than from differences in density a t that time.

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