Reservation of title in England and New Zealand

Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 195-209 ◽  
Author(s):  
Gerard McCormark
Keyword(s):  
New Zealand ◽  
Subject Matter ◽  
The Other ◽  
Other Hand ◽  
House Of Lords ◽  
The Subject ◽  
The One ◽  
Court Of Appeal

Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.

scholarly journals Dziecięce zabawki świąteczne w świetle wybranych źródeł ikonograficznych 2. połowy XIX i początku XX wieku

2020 ◽  
pp. 89-112
Author(s):  
Katarzyna Kabacińska-Łuczak ◽  
Monika Nawrot-Borowska
Keyword(s):  
20Th Century ◽  
Subject Matter ◽  
The Other ◽  
Other Hand ◽  
The Subject ◽  
The One ◽  
The Way

The aim of this study is the reconstruction of children’s toys received by them during the Christmas period in the second half of the 19th and at the beginning of the 20th century. In its subject matter, the article refers, on the one hand, to the deliberations about Christmas toys and, on the other hand, it is part of the ever-growing trend of research on children’s toys from the historical and pedagogical perspective. The text is part of the triptych prepared by the authors on the subject of children’s Christmas toys during the period of Partitions of Poland. Selected iconographic sources – press graphics, Christmas postcards and photographs on which children’s toys can be found, comprise the source basis of this part. They are sources important for cognitive reasons, because they show the image of toys of the time, their appearance, shape, size, the way they were made, decorated, etc. They also indicate which toys were particularly popular (fashionable) and liked by children in the analysed period, and show the ways they were used.

scholarly journals Hohepa Wi Neera: Native Title and the Privy Council Challenge

2004 ◽  
Vol 35 (1) ◽  
pp. 73
Author(s):  
John William Tate
Keyword(s):  
New Zealand ◽  
The Other ◽  
Privy Council ◽  
Native Title ◽  
Other Hand ◽  
Solicitor General ◽  
The One ◽  
Court Of Appeal

The case of Hohepa Wi Neera illustrates an unprecedented clash of judicial approaches to native title claims. On the one hand, the New Zealand Court of Appeal was determined to continue the line of reasoning most notably enshrined in Wi Parata v Bishop of Wellington. On the other hand, the Privy Council, in Nireaha Tamaki v Baker had partially overturned Wi Parata by insisting that native title fell within the jurisdiction of the courts, at least when prerogative powers were not involved. The author argues that in Hohepa Wi Neera, the Court of Appeal quite deliberately tried to avoid the implications of the Privy Council's decision. In doing so, it exhibited a marked "colonial consciousness" which it was prepared to defend even to the extent of open breach with the Privy Council. The 1912 case of Tamihana Korokai v Solicitor-General, however, showed the extent to which the Court of Appeal was capable of shedding that "colonial consciousness" and embracing the earlier Privy Council ruling. The author demonstrates that this apparent irony sheds light on our understanding of the earlier cases.

scholarly journals How connected are the major forms of irrationality? An analysis of pseudoscience, science denial, fact resistance, and alternative facts

2017 ◽  
Author(s):  
Sven Ove Hansson
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Reliable Information ◽  
Rational Discourse ◽  
Other Hand ◽  
Alternative Facts ◽  
The Subject ◽  
Fact Finding ◽  
The One ◽  
The Relationship

Science is a fact-finding practice, but there are many other fact-finding practices that apply largely the same patterns of reasoning in order to achieve as reliable information as possible in empirical issues. The fact-finding practices form in their turn a subcategory of rational discourse, a wider category that also encompasses argumentation on non-empirical issues. Based on these categories, it is easy to see the relationship between on the one hand pseudoscience, on the other hand fact resistance, disinformation, and fallacies of reasoning. The flaws in argumentation are similar, and the main difference is whether or not the subject matter falls within or without the realm of science.

Die Beendigung der Bestechungsdelikte

2019 ◽  
Author(s):  
Annette Schwab
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Legal Institutions ◽  
Other Hand ◽  
The Subject ◽  
The One

Administering the completion of bribery offences has gained importance, especially with regard to the statute of limitations. This study therefore deals on the one hand with the question of whether the existing jurisprudence in this regard is consistent with its own premises and how it has to be adopted by other legal institutions, which are relevant with regard to the concept of completion in this context (i.e. sentencing for multiple offences, the subject matter of the ruling, qualifications, examples of delimitation as well as principal and secondary participants). On the other hand it sheds light on whether the premises of the existing jurisprudence are correct at all.

scholarly journals Conjoint job-share: conjugal bliss

1996 ◽  
Vol 20 (11) ◽  
pp. 685-686
Author(s):  
Andrew West ◽  
Karey Taylor
Keyword(s):  
New Zealand ◽  
Multidisciplinary Team ◽  
The Other ◽  
Psychiatric Ward ◽  
Domestic Life ◽  
Other Hand ◽  
First Child ◽  
Part Time ◽  
The Subject ◽  
The One

By describing a conjoint job-share in a single registrar post on an acute adult psychiatric ward in Wellington, New Zealand, this paper contributes to the growing literature on the subject of part-time training. We shared, on the one hand a registrar post and, on the other hand, our domestic life and the raising of our first child. We supplement our subjective impressions with information gathered from the multidisciplinary team, using a short

Productivity of French and Dutch (semi-)copular constructions and the adverse impact of high token frequency

2021 ◽  
Author(s):  
Niek Van Wettere
Keyword(s):  
Frequency Distribution ◽  
The Other ◽  
Adverse Impact ◽  
Frequent Type ◽  
Token Frequency ◽  
Semantic Classes ◽  
Other Hand ◽  
The Subject ◽  
The One

Abstract This paper examines the productivity of the subject complement slot in a set of French and Dutch (semi-)copular micro-constructions. The presumed counterpart of productivity, conventionalization in the form of high token frequency, will also be taken into account in the analysis of the productivity complex. On the one hand, it will be shown that prototypical copulas generally have a higher productivity than semi-copulas, although there are some semi-copulas that can rival the productivity of prototypical copulas. On the other hand, it will be demonstrated that high token frequency is in general detrimental to productivity, on the level of the entire subject complement slot and on the level of the different semantic classes. However, the shape of the frequency distribution also seems to play a role: multiple highly frequent types are in my data more detrimental to productivity than one extremely frequent type, although the semantic connectedness of the types in the distribution might also be an explanatory factor.

The ‘Pistola’ of Cerveri de Girona

Traditio ◽  
1948 ◽  
Vol 6 ◽  
pp. 161-185
Author(s):  
Kurt Lewent
Keyword(s):  
The Other ◽  
Love Affair ◽  
Other Hand ◽  
Good Taste ◽  
Moral Argumentation ◽  
The Subject ◽  
Way Of Thinking ◽  
The One ◽  
The Cost ◽  
Troubadour Poetry

Cerveri was decidedly no poetical genius, and often enough he follows the trodden paths of troubadour poetry. However, there is no denying that again and again he tries to escape that poetical routine. In many cases these attempts result in odd and eccentric compositions, where the unusual is reached at the cost of good taste and poetical values. On the other hand, it must be admitted that Cerveri's efforts in this respect were not always futile. His is, e.g. an amusing satire upon bad women. One of his love songs, characteristically called libel by the MS (Sg), assumes the form of a complaint submitted to the king as the supreme earthly judge, in which the defendant is the lady whose charms torture the lover and have made him a prisoner. This poem combines the traditional praise of the beloved and a flattery addressed to the king. Its slightly humoristic tone is also found in a song entitled lo vers del vassayll leyal. Here Cerveri, basing himself on a certain legend connected with St. Mark, gives the king advice in his love affair. Again the poet kills two birds with one stone, flattering the sovereign and pointing, for obvious purposes, to his own poverty. The latter is the only topic of a remarkably personal poem in which the author complains bitterly that, while many of his playmates have become rich in later years, the only wealth he himself did amass were the chans gays and sonetz agradans which he composed for other people to enjoy. Cerveri even tries to renew the traditional genre of the chanson de la mal mariée by adding motifs of—presumably—his own invention. This tendency towards a more independent way of thinking and greater originality in its poetical presentation could not be better illustrated than by the two poems which the MS calls Lo vers de la terra de Preste Johan and Pistola The one puts the poet's moral argumentation against the background of the medieval legend of Prester John, the other, which forms the subject of the present study, sets its teachings in a still more solemn framework, the liturgy of the Mass.

A Propos De Ta Sa Fuqin Si-Le

1987 ◽  
Vol 16 (2) ◽  
pp. 237-257
Author(s):  
Robert Iljic
Keyword(s):  
The Other ◽  
Proper Noun ◽  
Intransitive Verb ◽  
Other Hand ◽  
Accepted Standard ◽  
The Subject ◽  
The One ◽  
Contemporary Chinese

The sentences of the type above mentioned are characterized, on the one hand, by the cooccurrence of bă with an intransitive verb, on the other hand, by the classifier ge following bă and introducing a noun relative to a unique referent. This type of sentence, quoted by most major contemporary Chinese grammars, and to be traced in baihuà texts, doesn't seem, nowadays, to pertain any longer to a universally accepted standard. This paper demonstrates that in these sentences, as in all bă constructions, bă actually marks a patient (even if the latter may be the subject-of an intransitive verb); besides, given its position before bă, a certain agentivity is always conferred to a noun in topic position, even if this agentivity, taken to its far end, boils down to the only desire of having been able to do something to prevent a given event (a point in case: the death of a father); finally, the function of ge before a proper noun or a noun semantically determined as unique, which can be found in some other sentences, isn't to count, that is, to indicate a quantity. but to emphasize the qualitative value of the noun (the father insofar as he is a father), the effect being to underline the value (price) that the speaker attaches to a given person or thing, hence the modal connotation ascribed to such sentences.

scholarly journals THE CRITICISM OF LITERALISM IN READING THE QUR'AN THROUGH NASR HAMID ABU ZAYD HERMENEUTICS

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Naupal Naupal
Keyword(s):  
The Other ◽  
Hermeneutic Circle ◽  
Text Interpretation ◽  
Arab Culture ◽  
Other Hand ◽  
Interpretation Process ◽  
The Subject ◽  
The Times ◽  
The One

Abu Zayd believes that understanding the Qur'an is not limited to explanations or comments. It involves an interpretation process for capturing the significance (maghza) from the literal text. Interpretation also requires a presupposition that the Qur'an itself does not produce literal absolutes and certainty. The presupposition needs an interpretation that illustrates the possibility of accepting the diversity of Qur'anic interpretations in the times. By using Abu Zayd's hermeneutics, the Qur'an is an icon of Islam and at the same time a representation of Arab culture itself which is not necessarily literally absolute, but is open to interpretation. Hans Georg Gadamer's hermeneutic circle that inspired Hermeneutics of Abu Zayd emphasized that in understanding and applying the meanings of the text, the subject played a role in the text rather than the other way around. This study aims to open opportunities that the Qur'an on the one hand is an objective thing seen from the content of its truth, that is seen from its universal message, but on the other hand it is subjective, because it is bound by the interpretation of the text. This research is also intended to avoid the sacredness of the ordination of a single interpretation of the Qur'an which has resulted in the emergence of fundamentalism which has recently become so prevalent in global Islamic societies, not least in Indonesia.

scholarly journals Mytens tvang

1999 ◽  
Author(s):  
Lars Albinus
Keyword(s):  
Blind Spot ◽  
The Other ◽  
Instrumental Reason ◽  
Ancient Greek ◽  
Self Reflection ◽  
Negative Dialectics ◽  
Other Hand ◽  
The Subject ◽  
The One

The purpose of the article is to show how the negative dialectics of Adorno gets involved with a concept of myth that is questionable in several respects. First of all, Adorno tries to combine, but rather conflates, two understandings of myth. On the one hand, the concept of myth is defined as the ancient Greek mythos, in which the subject of man is projected on to nature; on the other hand, myth is defined as the backfire of enlightenment, in which self-reflection becomes the blind spot of instrumental reason. Along these lines of argument, Adorno’s interpretation of Homer, which, at any rate, is highly inspiring, attempts to demonstrate that Odysseus is already enlightened in that he keeps the myth at bay in order to gain his self. The point is, as a matter of dialectic necessity, that he just ends up in myth once again, albeit in the second sense, namely by being a victim of his own self-denial. A question that seems to remain unanswered, though, is how the two kinds of myth are related. Further, Adorno draws on a problematic distinction between myth and literature in order to claim that Homer separates himself from the realm of myth. By adopting Adorno’s own game of interpretation, however, it is possible to regard myth as such, including the Homeric one, as being contingently open-ended rather than just a matter of dialectic determination.

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