Reliance and expectation in estoppel remedies

Legal Studies ◽  
1998 ◽  
Vol 18 (3) ◽  
pp. 360-368 ◽  
Author(s):  
Andrew Robertson
Keyword(s):  
Old French ◽  
French Word ◽  
True State ◽  
State Of Affairs

The word ‘estoppel’ had its origins in the old French word ‘estoup’, meaning plug or stopper. The principle of estoppel by representation of fact operates in a manner which is consistent with those origins. Where a representation of fact is relied upon by a representee, the effect of the estoppel is to stop up the mouth of the representor, and prevent him or her from asserting facts contrary to his or her own representation. The rights of the parties are then determined by reference to the represented or assumed state of affairs. An estoppel by representation of fact can be used defensively, where an action which would otherwise be available to the plaintiff is not available on the assumed state of affairs. It can also be used aggressively, to establish a state of affairs in which a cause of action exists, where that cause of action would not be available on the true state of affairs.

Constraining Welsh vowel mutation

2007 ◽  
Vol 43 (2) ◽  
pp. 341-363 ◽  
Author(s):  
S. J. HANNAHS
Keyword(s):  
Ad Hoc ◽  
Structural Constraint ◽  
Theoretical Interest ◽  
Input Output ◽  
Morphological Complexity ◽  
High Ranking ◽  
True State ◽  
State Of Affairs ◽  
Final Syllable ◽  
Faithfulness Constraint

Welsh vowel mutation is a purely positional vowel alternation, the effects of which serve to obscure phonemic contrasts between three vowels in the system, namely barred-i, schwa and [u]. The theoretical interest in this alternation stems from the surface orientation of current phonological theory: is such a non-surface-true state of affairs amenable to plausible modelling in an optimality-theoretic framework, or are the relevant relationships best accounted for through lexical listing? In this paper I argue that a straightforward optimality-theoretic account is available and that this account is simpler than any of its predecessors. The analysis differs from previous derivational analyses (e.g. Thomas 1979, 1984; Williams 1983; Bosch 1996) in various ways, including the underlying values of some of the vowels involved, the avoidance of ad hoc extrinsic rule ordering, and the lack of reliance on intermediate representations. Furthermore, reference to phonological position alone is sufficient, with no need to refer either to stress or to morphological complexity. The correct results emerge primarily through the interaction of a high-ranking structural constraint prohibiting schwa in a final syllable, an input–output faithfulness constraint on vowel features, and a constraint prohibiting a high central rounded vowel, [u with bar through].

Rethinking the Dating of Old French Syllable-Final Consonant Loss

Diachronica ◽  
1999 ◽  
Vol 16 (2) ◽  
pp. 261-296 ◽  
Author(s):  
Randall Gess
Keyword(s):  
Empirical Support ◽  
Old French ◽  
Wird Eine ◽  
French Word ◽  
Avoir Lieu

SUMMARY Based on the assumption that the loss of the Old French word-internal syllable-final consonants (/S/ ( = [s] and [z]), /N/ ( = all nasal consonants), forward a unified analysis of these changes according to which they should have taken place within two or three centuries, rather than the ten or eleven centuries that has previously been assumed. I provide empirical support for this analysis. Previous hypotheses, which treat the changes as entirely separate events, are shown to be inadequate and lacking of tenable empirical support. RÉSUMÉ Basé sur la supposition que la perte en ancien français des consonnes finales des syllabes internes (/S/ ( = [s] et [z]), /N/ (=toute consonne nasale), /I/ et /R/) sont des manifestations individuelles d'un seul processus général, j'avance une analyse unifiée de ces changements selon laquelle ils ont dû avoir lieu dans une période de deux ou trois siècles, au lieu de dix ou onze siècles, comme on l'a supposé avant. Je pourvois des données empiriques à l'appui de cette analyse. Je montre que les hypothèses précédentes, selon lesquelles les changements sont des événements tout à fait séparés, sont insuffisantes et manquantes de soutien empirique défendable. ZUSAMMENFASSUNG Aufgrund der Annahme, dass der Verlust der wort-internen Konsonanten in Silben-Endstellung (/S/ ( = [s] und [z]), /N/ ( = alle Nasalkonsonanten), /l/ und /R/) Anzeichen eines einzigen Prozesses ist, wird eine einheitliche Analyse dieser Veränderungen vorgelegt, denenzufolge sie in einem Zeitraum von zwei oder drei Jahrhunderten stattgefunden haben sollen, und nicht, wie bisher angenommen, von zehn oder elf. Für diese Analyse wird empirische Stütze geliefert. Es wird gezeigt, dass bisherige Hypothesen, diese Veränderungen als vollkommen getrennte Ereignisse zu behandeln, wegen ihres Mangels an haltbarer, empirischer Stütze unzureichend sind.

ANNUAL SUMMARY OF VITAL STATISTICS—1962

PEDIATRICS ◽  
1963 ◽  
Vol 32 (6) ◽  
pp. 1102-1105
Author(s):  
Myron E. Wegman
Keyword(s):  
Public Health ◽  
Health Service ◽  
Public Health Service ◽  
Vital Statistics ◽  
Health Statistics ◽  
The Public ◽  
True State ◽  
State Of Affairs

FOR A number of years there have been included in the pages of Pediatrics digests of the annual summary of provisional vital statistics published by the National Vital Statistics Division of the National Center for Health Statistics in the Public Health Service. This year the data have been presented in slightly different form, with a more detailed summary than usually available, as Volume 11, No. 13, of the Monthly Vital Statistics Report. The data, although provisional, are considered to reflect very closely the true state of affairs. Methods of making the estimates and the basis for confidence in their reliability have been explained in detail in previous reports.

Legal reasoning and interpretation

2018 ◽  
Author(s):  
Neil MacCormick
Keyword(s):  
Practical Reason ◽  
Practical Reasoning ◽  
Deductive Reasoning ◽  
Legal Reasoning ◽  
Reasons For Action ◽  
Legal Decisions ◽  
Course Of Action ◽  
True State ◽  
State Of Affairs ◽  
Special Case

Legal reasoning is the process of devising, reflecting on, or giving reasons for legal acts and decisions or justifications for speculative opinions about the meaning of law and its relevance to action. Many contemporary writers, such as Aulis Aarnio (1987), Robert Alexy (1988), Manuel Atienza (1991) and Aleksander Peczenik (1989), propound the view that legal reasoning is a particular instance of general practical reasoning. They suppose, that is to say, that reasoning can link up with action, guiding one what to do, or showing whether or not there are good reasons for a proposed course of action or for something already done. They suppose also that in law reason links up to legal decisions in this way. Both suppositions are well founded. Law regulates what to do and how to respond to what has been done, doing so within an institutional framework of legislatures, lawcourts, enforcement agencies and the like. It is a feature of legal institutions that they are expected to have, and usually do give, good reasons for what they do, and to do this in public. Legal reasoning is therefore not only a special case of practical reasoning, but a specially public one. Rationality in action has at least two requirements: first, attention to facts, to the true state of affairs in relation to which one acts; second, attention to reasons for action relevant to the facts ascertained. The former aspect concerns reasoning about evidence; the latter, reasoning about rules or norms as reasons for action. In law, such rules and other norms have an institutional character. But how are these applied – by some kind of deductive reasoning, or nondeductively? Behind the rules of the law, there presumably lie other reasons, reasons for having these rules. What kind of reasons are these, developed through what modes of discourse? A discourse of principles, perhaps – but then how do reasons of principle themselves differ from rules? Reasoning from either rules or principles must always involve some process of interpretation, so how does interpretive reasoning enter into the practical reason of law? Answering such questions is the business of a theory of legal reasoning. Legal reasoning is to be understood as a form of practical reasoning concerning these very issues.

Curing Oneself of One's (Father)Land

2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Robert Kusek
Keyword(s):  
English Language ◽  
Old French ◽  
Temporal Dimension ◽  
American Writer ◽  
French Word ◽  
Emotional Dimension ◽  
Opening Section

In the opening section of his 2017 memoir An Odyssey, the American writer and scholar Daniel Mendelsohn aptly notes that the English language has a number of nouns to describe the act of moving in space from one point to another. While “voyage,” due to its Latin provenance is “saturated in the material”2 (Lat. viaticum, i.e. provisions for a journey), and “journey,” which originates in the Old French word jornee (meaning day or its portion), points to the temporal dimension of moving, the word “travel” (also French in origin, travail) refers to effort and pain (Mendelsohn 20). “Travel,” Mendelsohn asserts, “suggests the emotional dimension of travelling: not its material accessories, or how long it may last, but how it feels. For in the days when these words took their shape and meaning, travel was above all difficult, painful, arduous, something strenuously avoided by most people” (20–21).

Dominant Male Ideology and Female Options: Three East African Case Studies

Africa ◽  
1976 ◽  
Vol 46 (4) ◽  
pp. 371-389 ◽  
Author(s):  
Christine Obbo
Keyword(s):  
Male Dominance ◽  
African Women ◽  
The Political ◽  
Dominant Male ◽  
East African ◽  
Men And Women ◽  
The Public ◽  
True State ◽  
State Of Affairs ◽  
Opening Paragraph

Opening ParagraphThe aim of the essay is to highlight gaps in existing knowledge of African women and bring to light new queries. The argument being presented is that African women assert their individuality by exploring the options available within their respective societies. While it is unsafe to generalize about Africa, the dominance of men in the public, especially the political and ritual spheres, is well illustrated by ethnographies on Africa. Women are on the whole invisible or shadowy figures except in a handful of ethnographies that take a woman's perspective (for example, Leith-Ross, 1939; Kaberry, 1952; and Paulme (ed.), 1963). The ideology of male dominance is taken for granted as representative of the true state of affairs between men and women in Africa. Whereas every researcher probably knows that ideologies are not realities, somehow that knowledge becomes insignificant when dealing with African societies.

Introduction

2016 ◽  
Author(s):  
Joe Carlen
Keyword(s):  
Old French ◽  
French Word ◽  
Peter Drucker ◽  
Management Expert

In 1985, Peter Drucker, the late management expert, defined entrepreneurship as “the act that endows resources with a new capacity to create wealth,”1 among the most specific and meaningful definitions of the term. More literally, the words “entrepreneurship” and “enterprise” both derive from the Old French word for “an undertaking,” ...

The propagation of radio frequency currents along a wire of finite length

1932 ◽  
Vol 28 (3) ◽  
pp. 356-366 ◽  
Author(s):  
F. W. G. White
Keyword(s):  
Wave Equation ◽  
Current Distribution ◽  
Radiation Resistance ◽  
Unit Length ◽  
Complete Solution ◽  
Small Component ◽  
True State ◽  
State Of Affairs ◽  
A Current ◽  
Component Parallel

In the above paper it is pointed out that before we may use the usual wave equation for the propagation of current along a straight wire in free space it is necessary that (a) the inductance L and capacity C per unit length of the wire are independent of the current distribution and (b) that the product LC = 1/c2. This has been shown to be the case.The inductance and capacity of an element of a conductor are defined generally in the way suggested by Moullin and it is shown that the radiation resistance term, which is a function of the current distribution, is small compared with the corresponding terms involving inductance and capacity. The usual wave equation is derived from Maxwell's equations for the case of a tubular conductor in which the current is a function of the distance z along the conductor only. If the curl of the current is not equal to zero this will not represent the true state of affairs.It is pointed out in the earlier part of the paper that a complete solution of the problem, taking into account the radiation resistance, and the skin effect, involves the solution of an integral equation which is given.The field about a tubular current, with a current distribution J0 sin kz along it, is examined. It is found that, for a long wire, the electric force is perpendicular to the surface at every point since we neglect the contribution from the ends. The magnetic force is in circles about the axis as would be expected.A small component parallel to the current, and in phase with it, is introduced by the charges upon the ends of the tubular conductor, and this component determines the radiation resistance. From this it follows that the radiation resistance could be increased by placing a capacity on the ends—thus increasing the charges there.

scholarly journals I.—A Visit to the Volcano of Oshima

1877 ◽  
Vol 4 (5) ◽  
pp. 193-199
Author(s):  
John Milne
Keyword(s):  
Great Change ◽  
Volcanic Origin ◽  
True State ◽  
History Of ◽  
State Of Affairs ◽  
Short Time

Looking at a map of Asia, or, still better, at a map of Japan, there will be seen a string of islands stretching from near the entrance of the Bay of Yeddo in a more or less southerly direction towards the Bonins. It is very probable that all these islands are of volcanic origin. With the exception of one or two of them, which within the last few years have given off a few curling wreaths of steam, they might strictly be defined as being dormant, having given vent neither to fire nor smoke within the history of their inhabitants. In this respect they are similar to many of the volcanic cones in Japan, with which they are also probably coincident in age. A short time ago, however, during the first week in January, a great change was observed in the most northern of these islands, which is called Oshima. Ships coming into Yokohama brought news that the island was on fire. One captain reported that flames 200 feet in height were seen. Although Oshima was an island which three years previously had been giving out clouds of smoke, and seven years before that had been actually in eruption, it was thought by many that the conflagration was due to the burning of grass or wood, and it was not till some days had passed that the true state of affairs became fully recognized.

Communication and Ward Development Committees in Chipata: a Zambian Case-Study of Administrative Inertia

1983 ◽  
Vol 21 (1) ◽  
pp. 141-150
Author(s):  
Lammert de Jong
Keyword(s):  
Rural Areas ◽  
Third World ◽  
The Third ◽  
True State ◽  
Identification Documents ◽  
State Of Affairs ◽  
The Third World ◽  
Registration Card ◽  
Ample Reason

A consultant is not expected to report that he cannot explain why things are the way they are. Such a conclusion tends to undermine belief in the expert as well as on the part of the client. It can, however, be the true state of affairs. In our opinion there is ample reason to admit to ignorance as regards the causes of widespread administrative inertia in the Third World, where bureaucracies often just do not function: letters are not replied to, appointments are kept haphazardly, and rules are either absent or referred to in the extreme. Bureaucratic behaviour is, as a result, often highly unpredictable for citizens. This is especially painful when it concerns necessities. In Zambia, for example, it is virtually impossible to travel or look for work without identification documents, but in the rural areas, people may have cycled for 20 or 30 kilometres to the headquarters of the District in order to get a National Registration Card only to find that the civil servant responsible is away for an undetermined period.

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