Introduction to Mistake in Contract Law

Author(s):  
Melvin A. Eisenberg

Chapter 39 concerns the effect of mistake in contract law. Traditionally, contract law has recognized four categories of mistake: misunderstanding, unilateral mistake, mutual mistake, and mistranscription. The names of these categories fail to describe contractual mistakes according to their functional characteristics, and many of the rules that govern these categories turn on elements that are of only limited functional significance, easy to manipulate, or both. The first step in developing a functional analysis of mistake is to analyze contractual mistakes on the basis of their character. The second step is to analyze the rules that should govern each type of mistake based on policy, morality, and experience. This chapter sets out the general parameter of these analyses.

1971 ◽  
Vol 36 (3) ◽  
pp. 361-366 ◽  
Author(s):  
J. D. Nance

AbstractFor many years, small, serrated, obsidian artifacts characteristic of late central California cultural manifestations (Late Horizon), have been regarded as projectile points (arrow and dart points). A functional analysis of a number of these tools based on examination with a binocular microscope revealed evidence of wear patterns including striations which makes it quite clear that these artifacts were used for other purposes. This brings the projectile point interpretation up for serious questioning, at least for the area under consideration. It is suggested that further investigation of artifact assemblages, using similar methods, will in all likelihood alter many existing ideas regarding the functional significance of many artifact types. It is further pointed out that many times discrepancies exist between ethnographic accounts and other sources of data relative to the functional significance of artifacts.


1986 ◽  
Vol 235 (1) ◽  
pp. 133-138 ◽  
Author(s):  
I G Jennings ◽  
R G M Russell ◽  
W L F Armarego ◽  
R G H Cotton

An analysis of the effect of eleven monoclonal antibodies on the functional characteristics of monkey liver phenylalanine hydroxylase is presented. These eleven antibodies have been found to react with eight distinct regions on the phenylalanine hydroxylase protein. PH1 antibody inhibits enzyme activity, is dependent on phenylalanine for its binding, and appears to be related to structural changes occurring during phenylalanine activation of the enzyme activity. PH2 and PH3 antibodies stimulate enzyme activity, their binding is inhibited by lysolecithin and this group apparently is recognizing structures involved in lysolecithin activation of the enzyme activity. PH5, PH10, PH12 and PH6 recognise sites on phenylalanine hydroxylase affected by lysolecithin activation.


2010 ◽  
Vol 2 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Dorota Sitnicka ◽  
Katarzyna Figurska ◽  
Slawomir Orzechowski

SummaryThe aim of this article is to present the current literature concerning the expression analysis and methods of functional characteristics of genes. The progress in the analysis of gene expression within cells or whole tissues is undisputed and leads to a constant improvement of our understanding of the function of particular gene. The traditional methods of the functional characteristics of genes such as homology, inactivation and overexpression are more frequently being replaced by microarray and DNA chip analysis, which are extensively supported by bioinformatics tools. Knowledge of the functions and changes in gene expression has applications in medical diagnostics, the pharmaceutical industry and in plant and animal biotechnology.


2018 ◽  
Vol 25 (5) ◽  
pp. 565-581 ◽  
Author(s):  
Irina Domurath

This article analyses the recent case law concerning Uber and other platforms. Its main objective is to examine the question of whether and under what conditions platforms can be considered the contract partners of the individuals who seek goods and services through the platform’s infrastructure. In a first step, the criteria employed by the courts, both the Court of Justice of the European Union and national courts, are identified that characterise the role of platforms in relation to the underlying service provision. In a second step, the article looks at the approach to intermediaries in more traditional consumer contract law. A differentiated image emerges, which underlines the need for legislative clarification.


2021 ◽  
Vol 17 (2) ◽  
pp. 184-197
Author(s):  
Sebastian Rödl

Abstract In his most enlightening book Benson undertakes to give a public justification of contract law, which he distinguishes from a philosophical justification. This essay argues that this opposition is unsound. Benson’s justification is philosophical because it is internal: the justification contract provides for itself. As the justification is internal, the subject of the justification – those who, through it, understand the authority of contract – is the subject of what is justified: the subject of contract. This is the true public of the justification of contract law. And its justification to that public is nothing other than its philosophical justification. In a second step, the essay sketches how the justification of contract law develops so as to reveal its subject to be a concrete universal: civil society. Since that is understood in its philosophical justification, that, too, does not place the publicity of contract law in opposition to its philosophical understanding.


Paleobiology ◽  
1980 ◽  
Vol 6 (3) ◽  
pp. 295-312 ◽  
Author(s):  
Sharon B. Emerson ◽  
Leonard Radinsky

Elongate canines evolved independently at least four times among mammalian carnivores, and each time skulls were modified in similar ways. We have compared the cranial morphology of sabertooths to that of their non-sabertoothed relatives, living and extinct, and applied simple biomechanical models to elucidate the functional significance of the morphological differences. Our analysis suggests that (1) sabertooth morphology represents modification for wider gape with retention of a powerful bite force at the carnassial; (2) sabertooths probably used a throat or ventral neck slash to kill prey; and (3) elongate canines and retractile claws may have facilitated the exploitation of relatively larger prey by sabertooths compared to non-sabertooth carnivores.


2016 ◽  
Vol 27 (6) ◽  
pp. 979-989 ◽  
Author(s):  
Chantell S. Evans ◽  
Zixuan He ◽  
Hua Bai ◽  
Xiaochu Lou ◽  
Pia Jeggle ◽  
...  

C2 domains are widespread motifs that often serve as Ca2+-binding modules; some proteins have more than one copy. An open issue is whether these domains, when duplicated within the same parent protein, interact with one another to regulate function. In the present study, we address the functional significance of interfacial residues between the tandem C2 domains of synaptotagmin (syt)-1, a Ca2+ sensor for neuronal exocytosis. Substitution of four residues, YHRD, at the domain interface, disrupted the interaction between the tandem C2 domains, altered the intrinsic affinity of syt-1 for Ca2+, and shifted the Ca2+ dependency for binding to membranes and driving membrane fusion in vitro. When expressed in syt-1 knockout neurons, the YHRD mutant yielded reductions in synaptic transmission, as compared with the wild-type protein. These results indicate that physical interactions between the tandem C2 domains of syt-1 contribute to excitation–secretion coupling.


2020 ◽  
Vol 34 (08) ◽  
pp. 13326-13331
Author(s):  
Ossama Mahmoud ◽  
GH Janssen ◽  
Mahmoud R El-Sakka

Analysis of microcirculation is an important clinical and research task. Functional analysis of the microcirculation allows researchers to understand how blood flowing in a tissues’ smallest vessels affects disease progression, organ function, and overall health. Current methods of manual analysis of microcirculation are tedious and time-consuming, limiting the quick turnover of results. There has been limited research on automating functional analysis of microcirculation. As such, in this paper, we propose a two-step machine-learning-based algorithm to functionally assess microcirculation videos. The first step uses a modified vessel segmentation algorithm to extract the location of vessel-like structures. While the second step uses a 3D-CNN to assess whether the vessel-like structures contained flowing blood. To our knowledge, this is the first application of machine learning for functional analysis of microcirculation. We use real-world labelled microcirculation videos to train and test our algorithm and assess its performance. More precisely, we demonstrate that our two-step algorithm can efficiently analyze real data with high accuracy (90%).


Author(s):  
Penelope M. Allison

As outlined in the introduction to the first volume of this series, this third volume contributes to the investigations of the British project in Pompeii with a study of the finds excavated from the Insula del Menandro during the 1920s and 1930s. It includes a systematic documentation and functional analysis of these artefactual remains, that can enrich our understanding of Pompeian society. My involvement with this project grew out of my study of the house-floor assemblages in thirty Pompeian ‘atrium’ houses. This earlier study reappraised past interpretations of the depositional processes at Pompeii and past spatial and functional analyses of Pompeian domestic behaviour. It used the published reports, excavation notebooks and inventories to compile a primary database of some 16,000 Pompeian artefacts, which were systematically analysed to assess patterns of residential behaviour and abandonment processes, within each house and within each room type. This study relied on the documentation of the finds from these houses that had been carried out at the time of excavation. It soon became apparent that, to understand the precise types of artefacts, described in Italian in the reports, and their functional characteristics, greater familiarity with the actual artefacts was needed. Study of the artefacts from the Insula del Menandro, whose four larger ‘atrium’ houses (the Casa del Menandro, Casa del Fabbro, House I 10,8, and Casa degli Amanti) were included in my previous study, provided an opportunity for a more in-depth knowledge of Pompeian artefacts. A finds catalogue was, therefore, compiled which catalogued not only the artefacts excavated from these four houses but also those from the other establishments in this Insula—Houses I 10,1, I 10,3, and I 10,18 and Units I 10,5–6, I 10,9, I 10,12, and I 10,13. This catalogue is the core data for this volume. Unlike more standard studies of the ‘loose finds’ from excavations of Roman period sites, this catalogue does not consist of a series of artefactual typologies. A common, although not exclusive, pattern of post-excavation processing of excavated artefacts is to divide excavated artefacts into what are now well-established categories, selected largely on criteria attributable to the formal, or manufacturing, characteristics of the artefact (for example, pottery, glass, metal).


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