Now, the paragraph by paragraph consideration will recommence. • Lord Bridge observes that the contract in question is not a consumer contract but ‘any other contract’: This information is obtained by a careful reading of s 55(4) plus knowledge of what a consumer sale is; look back at Figure 4.16 and re-read s 55(4). As for consumer contract recall the phrase as it was referred to in Chapter 3 when UCTA 1977 was dissected. This contract is commercial not consumer and therefore falls under the second heading in s 55(4). • Lord Bridge further observes that cl 3 of the relevant condition exempts the seller from liability for breach of ss 13 and 14 of the Sale of Goods Act. This is a good example of the need to have an active dialogue with the text. Clause 3 is the third sentence of the relevant condition and the relevant condition is the condition limiting liability. How is this known? Because on p 310 Lord Bridge states (para 2 (see précis above)): issues arise from three sentences in the conditions of sale. These are set out and identified. He states he will call this the relevant condition, and will call each sentence a clause, so cll 1, 2, 3. See also Figure 4.15, above. • Lord Bridge goes on to say that ss 13 and 14 provide that: items sold by description should correspond to the description; items sold should be of merchantable quality, and that cll 1 and 2 substitute for the full protection of the legislation the limited obligation to replace seeds or refund price of seeds. • Lord Bridge sums up that the statutory issue depends on whether cll 1 and 2 are ‘fair and reasonable’ according to the criteria as set out in s 55(4) and (5). • Lord Bridge gives some general guidelines about how the judiciary should respond to the powers given to it in s 55. Students may be tempted to skip over this paragraph, but valuable information is given concerning judicial interpretation of statutes. One of the reasons that the case is important is that for the first time the House of Lords is being asked to consider a modern statutory provision that gives the court power to decide to override contractual provisions limiting or excluding liability that have been agreed between the parties at

2012 ◽  
pp. 109-109
Keyword(s):  
Judicial Interpretation ◽  
Consumer Contract ◽  
The Third ◽  
Statutory Provision ◽  
Relevant Condition ◽  
House Of Lords ◽  
Look Back ◽  
First Time ◽  
Full Protection

Early Permian fossil vertebrate footprints and their stratigraphic setting in megacyclic sequence II red beds, Prim Point, Prince Edward Island

1989 ◽  
Vol 26 (3) ◽  
pp. 591-605 ◽  
Author(s):  
David J. Mossman ◽  
Craig H. Place
Keyword(s):  
Central Europe ◽  
Prince Edward Island ◽  
River Sediments ◽  
Early Permian ◽  
Red Beds ◽  
Sparse Vegetation ◽  
The Third ◽  
Fossil Vertebrate ◽  
Crevasse Splay ◽  
First Time

Vertebrate trace fossils are reported for the first time from red beds near the top of megacyclic sequence II at Prim Point in southwestern Prince Edward Island. They occur as casts of tetrapod trackways. The ichnocoenose also includes a rich invertebrate ichnofauna. The trackmakers thrived in an area of sparse vegetation and occupied out-of-channel river sediments, most likely crevasse-splay deposits.Amphisauropus latus, represented by three trackways, has been previously reported from Germany, Poland, and Czechoslovakia. It is here interpreted as the track of a cotylosaur. It occurs together with the track of Gilmoreichnus kablikae, which is either a captorhinomorph or possibly a juvenile pelycosaur. These facilitate the assignment of a late Early Permian (late Autunian) age to the strata. The third set of footprints, those of a small herbivorous pelycosaur, compare most closely with Ichniotherium willsi, known hitherto from the Keele beds (latest Stephanian) of the English Midlands.This ichnocoenose occurs in a plate-tectonically rafted segment of crust stratigraphically equivalent to the same association of ichnofauna in the English Midlands and central Europe. The community occupied piedmont-valley-flat red beds within the molasse facies of Variscan uplands.

Production and Technical Characteristics of a New Class of Amorphous Metals

1995 ◽  
Vol 400 ◽  
Author(s):  
R.T. Malkhassian
Keyword(s):  
Amorphous Phase ◽  
Quantum Chemical ◽  
New Technology ◽  
Chemical Technology ◽  
Quantum Level ◽  
Vibrationally Excited ◽  
New Class ◽  
The Third ◽  
Hydrogen Molecules ◽  
First Time

AbstractA new technology for obtainment of amorphous single-component metals is presented.For the first time the reduction of molybdenum oxide with formation of its amorphous phase is realized in conditions of a given quantum-chemical technology by means of vibrationally excited to the third quantum level hydrogen molecules with 1.5 ± 0.2 eV energy. The evidences of formation of this nonequilibrium amorphous phase are presented along with certain physicochemical properties of the obtained amorphous molybdenum.A model is proposed for the origin of amorphous phase under the influence of nonequilibrium quantum-chemical technology.

Early (Avant-garde) Symphonies by Valentin Silvestrov As a Sound Universe

2021 ◽  
Vol 66 (1) ◽  
pp. 329-343
Author(s):  
Liudmyla Shapovalova ◽  
Іryna Romaniuk ◽  
Marianna Chernyavska ◽  
Svitlana Shchelkanova
Keyword(s):  
20Th Century ◽  
Human Being ◽  
Accurate Identification ◽  
Philosophy Of Music ◽  
Philosophical Concept ◽  
Avant Garde ◽  
The Third ◽  
Ninth Symphony ◽  
Human Ontology ◽  
First Time

"In the article under consideration are the ways of symphony genre transformation in the early works of Valentin Silvestrov (Ukraine). For the first time, the First, Second, Third, and Fourth symphonies by the genius composers of the 20th century are analyzed as a certain stylistic system. These compositions are endowed with the features of avant-garde poetics, and as a subject of musicological reflection, they are associated with a rethinking of the semantic paradigm of the genre. V. Silvestrov's early symphonies stand out from the classical practice of European symphonies. Scientific awareness of their phenomenal nature necessitated a methodological choice aimed at the most accurate identification of the philosophical concept of the new sound universum of V. Silvestrov's music. Deep correlation of the image of a human being as a factor of the symphony poetics (the influence of philosophical concepts of human ontology in the 20th century with the transformation of the genre canon) is considered. This refers to the nonmusical dimension of the genre semantics. The study of V. Silvestrov's early symphonies reveal a new philosophy of music through gradual movement – modulation: from the neo-baroque First Symphony and ""cosmic pastorals"" Musica Mundana of the Second Symphony through the history anthropologisation in the Third Symphony ""Eschatology"" to the monodrama Musica Humana in the Fourth Symphony. The dichotomy of Musica Mundana – Musica Humana is not accidental: in V. Silvestrov's creative method, remains relevant, which is confirmed by the dramaturgy of his latest work – the Ninth symphony (2019). Keywords: V. Silvestrov's early symphonies, evolution of style, worldview, Musica Mundana, monodrama. "

Render unto Caesar Just a Little Bit Longer: The Relationship between Constitutional Reforms and Executive Survival

2021 ◽  
pp. 1-22
Author(s):  
Tofigh Maboudi ◽  
Ghazal P. Nadi ◽  
Todd A. Eisenstadt
Keyword(s):  
Term Limits ◽  
Institutional Constraints ◽  
Third Wave ◽  
Political Leaders ◽  
Constitutional Order ◽  
The Third ◽  
Constitutional Reforms ◽  
The Impact ◽  
First Time ◽  
The Relationship

Abstract Since the third wave of democracy, term limits have become a popular fixture of most constitutions intended to constrain the executive. Yet, recent constitutional reforms around the world show that presidents seeking re-election sometimes overturn the entire constitutional order to extend their power. What is the impact of these constitutional manipulations on the longevity of the executive in office? Using survival analysis of all political leaders and national constitutions from 1875 to 2015, this article demonstrates, for the first time, that when ‘authoritarian-aspiring’ presidents remove constitutional term limits, they increase their stay in office by more than 40%. Our findings contrast with a widely held position in the comparative authoritarian literature suggesting that dictators survive longer under institutional constraints. On the contrary, we argue that by removing constitutional barriers, rulers consolidate more power at the expense of their most ambitious allies and can stay in power longer.

FACES OF V.M. SHUKSHIN: MARTIN IDEN, HAMLET, STEPAN RAZIN

2021 ◽  
pp. 59-65
Author(s):  
Т.А. Богумил
Keyword(s):  
Early Stage ◽  
Socialist Realism ◽  
Crowding Out ◽  
Behavioral Models ◽  
Cluster Approach ◽  
Second Stage ◽  
The Third ◽  
Third Stage ◽  
Early Departure ◽  
First Time

В статье предлагается концепция жизни и творческого роста В.М. Шукшина сквозь призму тезаурусного и кластерного подходов. Объяснительными «персональными моделями» для интерпретации биографического текста писателя являются кластеры Мартина Идена, Гамлета и Степана Разина. Ранее биографы и литературоведы указывали на важность этих персон для Шукшина, но разрозненно. Впервые предпринята попытка свести указанные персональные модели воедино, в целостный сюжет становления писателя в пространстве культуры. На разных этапах эволюции автора доминирует одна из указанных моделей, последовательно сменяя друг друга, но не вытесняя, а «внахлест». Ранний этап творчества, ориентированный на стратегию Мартина Идена, является попыткой «вписаться» в наличный культурный мейнстрим. Выражено это в следовании поэтике соцреализма. Второй этап подспудно начинается с реабилитации отца Шукшина в 1956 года, когда актуализируется «гамлетовский комплекс», проявляющийся в чувстве вины перед отцом, через стратегию утаивания подлинного «я», мотивы чудаковатости. Третий этап связан с личностью реального исторического лица, Степана Разина, и выражается в открытом протесте против власти. Все важные для В.М. Шукшина поведенческие модели объединены мотивом одинокого противостояния враждебному социуму и имеют трагический финал, что обусловило ранний уход писателя и порождение мифов о насильственном характере его смерти. В.М. Шукшин одновременно был фигурой неординарной и типичной, что позволило его биографии стать «персональной моделью» для последующих авторов, выходцев из сельской глубинки. The article proposes the concept of life and creative growth of V.M. Shukshin through the prism of the thesaurus and cluster approach. The explanatory "personal models" for interpreting the biographical text of the writer are clusters of Martin Eden, Hamlet and Stepan Razin. Earlier, biographers and literary critics pointed out the importance of these people for Shukshin, but it was scattered. For the first time, an attempt was made to bring these personal models together into an integral plot of the formation of the writer in the space of culture. At different stages of the writer’s evolution, one of these models dominates, successively replacing each other, but not crowding out, but “overlapping”. The early stage of creativity, focused on Martin Eden’s strategy, is an attempt to “fit in” the current cultural mainstream. This is expressed in following the poetics of socialist realism. The second stage implicitly begins with the rehabilitation of Shukshin’s father in 1956, when the “Hamletian complex” is actualized. It is manifested in a sense of guilt towards his father, the strategy of concealing the true “I”, eccentricities. The third stage is connected with the personality of a real historical person, Stepan Razin, and is expressed in an open protest against the authorities. All important for V.M. Shukshin's behavioral models are united by the motive of a lonely confrontation with a hostile society and have a tragic ending, which led to the early departure of the writer and the generation of myths about the violent nature of his death. V.M. Shukshin was an extraordinary and typical figure at the same time. That allowed his biography to become a “personal model” for subsequent authors who came from the rural outback.

ISOTOPE-GEOCHEMICAL FEATURES OF AUTHENIC CARBONATES OF THE YU1 PRODUCING HORIZON OF THE VERKH-TARSKOYE OIL FIELD (SOUTH OF WESTERN SIBERIA)

2020 ◽  
pp. 20-28
Author(s):  
L. G. Vakulenko ◽  
◽  
O. D. Nikolenko ◽  
D. A. Novikov ◽  
P. A. Yan ◽  
...  
Keyword(s):  
Isotopic Composition ◽  
Carbonate Rocks ◽  
Western Siberia ◽  
Oil Field ◽  
Third Generation ◽  
The Third ◽  
First Time ◽  
Different Sources ◽  
Sources Of Co2 ◽  
Comprehensive Study

A comprehensive study of the composition of sand and silt deposits of the Yu1 horizon of the Vasyuganskaya Formation upper part of the Verkh-Tarskoye oil field has been carried out. Associations of authigenic minerals have been determined in their cement, among which the calcite is the most widespread. According to petrographic parameters, three generations of calcite have been identified for which detailed isotopicgeochemical and ultramicroscopic studies were carried out for the first time. Wide and multi directional changes in the isotopic composition of carbon and oxygen and in the chemical composition of carbonate minerals were recorded, they indicate significant variations in the conditions of diagenesis and catagenesis, primarily temperature, and different sources of CO2. Significant variations in the isotopic composition of formation waters and its relationship with the isotopic composition of carbonates have been established. Thus, a narrow interval of close δ13C values was revealed, amounting to –10.5 to –9.1 ‰ in the formation waters of group II, and from –10.7 to –9.1 ‰ in calcites of the third generation. The source of CO2 in this system should be considered a carbon dioxide, which is formed in the process of metamorphism of carbonate rocks of the Paleozoic age.

Fatigue Damage From High Mode Number Vortex-Induced Vibration

2006 ◽  
Author(s):  
J. Kim Vandiver ◽  
Susan B. Swithenbank ◽  
Vivek Jaiswal ◽  
Vikas Jhingran
Keyword(s):  
Fatigue Damage ◽  
Field Experiments ◽  
Higher Harmonics ◽  
Vortex Induced Vibration ◽  
Third Harmonic ◽  
The Third ◽  
Damage Rate ◽  
Surface Vessels ◽  
Vortex Shedding Frequency ◽  
First Time

This paper presents results from two field experiments using long flexible cylinders, suspended vertically from surface vessels. The experiments were designed to investigate vortex-induced vibration (VIV) at higher than tenth mode in uniform and sheared flows. The results of both experiments revealed significant vibration energy at the expected Strouhal frequency (referred to in this paper as the fundamental frequency) and also at two and three times the Strouhal frequency. Although higher harmonics have been reported before, this was the first time that the contribution to fatigue damage, resulting from the third harmonic, could be estimated with some certainty. This was enabled by the direct measurement of closely spaced strain gauges in one of the experiments. In some circumstances the largest RMS stress and fatigue damage due to VIV are caused by these higher harmonics. The total fatigue damage rate including the third harmonic is shown to be up to forty times greater than the damage rate due to the vibration at the fundamental vortex-shedding frequency alone. This dramatic increase in damage rate due to the third harmonic appears to be associated with a narrow range of reduced velocities in regions of the pipe associated with significant flow-induced excitation.

The Will of Cardinal Giordano Orsini (ob. 1438)

Traditio ◽  
1996 ◽  
Vol 51 ◽  
pp. 257-286 ◽  
Author(s):  
Christopher S. Celenza
Keyword(s):  
Fifteenth Century ◽  
Cultural History ◽  
Italian Renaissance ◽  
Short Introduction ◽  
Renaissance Humanism ◽  
The Third ◽  
Textual History ◽  
History Of ◽  
The Will ◽  
First Time

There are many still unstudied aspects of the cultural history of early Quattrocento Rome, especially if we consider the years before 1443, the date of the more or less permanent re-entry into the civitas aeterna of Pope Eugenius IV. The nexus between the still ephemeral papacy and the emerging intellectual movement of Italian Renaissance humanism is one of these aspects. It is hoped that this study will shed some light on this problem by presenting a document that has hitherto not been completely edited: the original will of Cardinal Giordano Orsini. As we shall see, this important witness to the fifteenth century provides valuable information on many fronts, even on the structure of the old basilica of Saint Peter. The short introduction is in three parts. The first has a discussion of the cardinal's cultural milieu with a focus on the only contemporary treatise specifically about curial culture, Lapo da Castiglionchio's De curiae commodis. The second part addresses the textual history of the will as well as some misconceptions which have surrounded it. The third part contains a discussion of the will itself, along with some preliminary observations about what can be learned from the critical edition of the text here presented for the first time.

JUXTAPOSING LITERARY AND DOCUMENTARY EVIDENCE: A NEW COPY OF THE SO-CALLED HELIODOROS STELE AND THE CORPUS INSCRIPTIONUM IUDAEAE/PALAESTINAE (CIIP)

2017 ◽  
Vol 60 (1) ◽  
pp. 1-15
Author(s):  
HANNAH M. COTTON-PALTIEL ◽  
AVNER ECKER ◽  
DOV GERA
Keyword(s):  
Documentary Evidence ◽  
High Priest ◽  
The Third ◽  
Multiple Copies ◽  
First Time ◽  
The Temple

Abstract This article was prompted by the recent discovery of two more copies of the so-called ‘Heliodoros Stele’ from Maresha. A second one from Byblos was published in 2015. The third one, re-discovered recently and published here for the first time, also comes from Maresha. The steles bear Seleukos IV's epistolary prostagma from 178 bc to his vizier Heliodoros, and forwarded to other officials with the instruction to display it in public. It contains an appointment of one Olympiodoros to be high priest in Koele Syria and Phoenicia. Both Seleukos IV and Heliodoros also appear in the story of the plundering of the Temple related in II Maccabees 3. The existence of multiple copies, though hardly surprising, made us suspect the king's apologetic tone and identify the ‘reform’ as an attempt to embellish the withdrawal of previously bestowed privileges on the Jews (so Josephus) as well as on others.

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