Aantekeninge: Verblyfvergunning is nie outomaties habitatio nie en totale skade omvat skade gely weens inbreuk op die eiser se vervullingsbelang

According to the headnote attached to the most recent decision under discussion, the litigation turned on the quantification of the total loss suffered by M as alleged holder of a right of habitatio after S as reputed owner of the farm revoked the verbal agreement between the parties entitling M to occupy the dwelling ad infinitum on condition that he renovates the dwelling to a habitable state. Notwithstanding the conviction of the judges involved, it is clear that at no stage were any of the requirements for the acquisition or vesting of a limited real right of habitatio complied with. No limited real right was registered against the farm and S as the alleged grantor of the limited real right was at no stage the owner of the property. He could not have been entitled to burden the property of another with such limited real right. A contractual arrangement between the parties, however, did exist granting the claimant an entitlement to occupy the dwelling. The initially friendly relations between the litigants soured abruptly in February 2013 when S evicted M from the farm because of a supposed blasphemous comment by M. This happened after the claimant had already invested significantly in the restoration and modernisation of the old dilapidated dwelling. “The plaintiff regarded this as a repudiation of the contract between him and the defendant, accepted it as such and left the farm, effectively halting the renovation project” (par 14 read with par 5.4 of the 2016-decision). His claim for compensation of the loss suffered was held by the court to be limited to the amounts reflected in the receipts representing the cost of building material when it was acquired. It is submitted that the court should also have taken note of the loss suffered as positive interest, because the claimant forfeited the calculated benefit of life-long free occupation in the restored dwelling. Because of the underlying agreement between the parties to the litigation, the patrimonial benefit that accrued to the estate of the owner of the farm due to the objective rules of accessio cannot be classified as actionable unjustified enrichment. The principles of unjustified enrichment do not apply – the resulting detriment or loss of M was cum causa and not sine causa. The remarks of the court pointing to unjustified enrichment do not convince. Damages should have been calculated to cover the loss in positive interest of the claimant and not merely his negative interest, ie the amounts paid for the building material used in the renovation. The court, however, held: “I’m satisfied that the plaintiff has adduced sufficient evidence to prove his claim for the costs of renovating the farmhouse on a balance of probabilities” (par 23). The last mentioned mode of quantification of the loss suffered would have been more in place where merely a delict was involved, as eg where the damaged motor vehicle should be repaired to the state it was in before the accident occurred. Had the judges in this case done a correct assessment of loss upon cancellation for breach of contract, it would have led to a respect of the rule of law and would not have been to the detriment of the claimant. The legal principles that should have been applied had already been clearly formulated more than a century ago: “The sufferer by such a breach should be placed in the position he would have occupied had the contract been performed, so far as that can be done by the payment of money, and without undue hardship to the defaulting party …” Victoria Falls & Transvaal Power Co Ltd v Consolidated Langlaagte Mines Ltd (1915 AD 1 22).

Adjectival and verbal agreement in the oral production of early and late bilinguals

Extended oral production has seldom been used to explore adjectival and verbal agreement in L2 Spanish. This study examines oral narrations to compare the agreement behavior, speech rates, and patterns of errors of highly proficient Spanish heritage and L2 learners (early and late bilinguals, respectively), whose L1 is English, with those of native controls. Although both bilingual groups displayed high agreement accuracy scores, only the early bilinguals performed at or close to ceiling. In addition, the L2 learners spoke significantly more slowly than the heritage and native speakers, who displayed similar speech rates. Explanations accounting for the differences in speech rates and agreement accuracy include age of acquisition of Spanish, syntactic distance between a noun and its adjective, and task effects. All of these factors favored the early bilinguals, enhancing their advantages over L2 learners. Findings suggest that the integrated knowledge and automatic access needed for native-like attainment in agreement behavior in extended oral production is more easily achievable by early than by late bilinguals.

Agreement in Urdu adjectival adverbials

This chapter extends the analysis for a class of adjectival agreeing adverbs (AdjAdv) found in Urdu, Sindhi, and Punjabi. It focuses on Urdu, providing new data on the distribution of AdjAdv and formalizing the Urdu agreement facts in LFG within the broader context of Urdu verbal and adjectival agreement patterns. The AdjAdvs are APs at c-structure and clausal adjuncts at f-structure. The Urdu AdjAdv agreement patterns follow those of verbal agreement rather than adjectival agreement and are additionally sensitive to lexical semantics, providing further evidence of the role of lexical semantics in Urdu morphosyntax. The new formal analysis combines several attributes of the LFG architecture including the morphology–-lexicon interface, the use of templates to capture generalizations, and the interaction of lexical semantics and syntax. It also highlights the importance of analyszing phenomena within their broader context in order to capture linguistic generalizations: The act of formalization gave rise to a number of data questions which in turn led to modification of the original generalizations.

Gradience in subject–verb number agreement: Can bilinguals tune in?

This study investigates native German speakers’ and bilingual Turkish/German speakers’ sensitivity to constraints on verbal agreement with pseudo-partitive subjects such as eine Packung Tabletten (“a pack of pills”). Although number agreement with the first noun phrase (headed by a container noun) is considered to be the norm, agreement with the second (containee) noun phrase is also possible. We combined scalar acceptability ratings with a stochastic constraint-based grammatical framework to model the relative strength of the constraints that determine speakers’ agreement preferences and subsequently tested whether these models could correctly predict speakers’ verb choices in a production task. For both participant groups, number match between the container noun phrase and the verb was the strongest determinant of both acceptability and production choices. The relative ranking of the constraints that we identified was the same for both groups, and the lack of age-of-acquisition effects suggests that constraints on variable subject–verb agreement, and their relative strength, are acquirable by both early and later learners of German. Group differences were seen in the absolute constraint weightings, however, with the bilinguals’ agreement preferences being more strongly influenced by number match with the containee phrase, indicating a comparatively greater reliance on surface-level cues to agreement (such as noun proximity) among the bilingual group.

1062 Are CT-KUB Requests Adequately Completed by Urologists in Emergency Settings?

Aim Imaging requests are an essential communication tool between urologists and radiologists. Poorly completed request forms, especially in acute settings, directly translates to substandard patient care. We aimed to evaluate and improve our request completion practice in emergency settings. Method 40 randomly selected CT-KUB images were reviewed to assess the completion of clinical background, question, patient data, location, and requester data. A multiple cycle audit followed by minor intra-departmental interventions were carried out over ten months to evaluate compliance. In December 2019, 55% and 52.5% of the requests lacked a good clinical history and question, respectively. The remaining three domains achieved the target of 100%. Subsequently, the literature and the audit data were shared and discussed, and a verbal agreement was made to improve practice. Result A re-audit revealed a 22.5% and 2.5% improvement in providing sufficient clinical background and questions. Findings were presented at an informal setting, and feedback was obtained on improving compliance. Simple posters or notices and occasional reminders were found as acceptable approaches. Following the implementation of feedback and orientation for joining junior doctors, a third audit cycle showed a significant improvement in compliance with 90% and 82.5%. A final cycle to assess the maintenance improvements in background and question provision was at a high of 97.5% and 90%. Conclusions CT-KUB request completion is essential in emergency settings to ensure optimal patient care. Improving compliance can be achieved using small interventions catered to the department, such as peer-to-peer discussions, reminder posters, and orientations.

The emergence of systematic argument distinctions in artificial sign languages

Word order is a key property by which languages indicate the relationship between a predicate and its arguments. However, sign languages use a number of other modality-specific tools in addition to word order such as spatial agreement, which has been likened to verbal agreement in spoken languages, and role shift, where the signer takes on characteristics of propositional agents. In particular, data from emerging sign languages suggest that, though some use of a conventional word order can appear within a few generations, systematic spatial modulation as a grammatical feature takes time to develop. We experimentally examine the emergence of systematic argument marking beyond word order, investigating how artificial gestural systems evolve over generations of participants in the lab. We find that participants converge on different strategies to disambiguate clause arguments, which become more consistent through the use and transmission of gestures; in some cases, this leads to conventionalized iconic spatial contrasts, comparable to those found in natural sign languages. We discuss how our results connect with theoretical issues surrounding the analysis of spatial agreement and role shift in established and newly emerging sign languages, and the possible mechanisms behind its evolution.

Patient engagement in fertility research: bench research, ethics, and social justice

Background Patient and Public Involvement (PPI) in research is increasingly being utilized to better connect patients and researchers. The Patient Engagement Studio (PES) supports PPI in research by working directly with researchers throughout various stages of their projects. Recently, two researchers presented to the PES for assistance with their project, Embryo+™. The purpose of Embryo+™ is to decrease miscarriage rates using RNA sequencing technology that screens for the most viable embryos. To date, no examples of PPI directly in the planning or implementation of bench research concerning in vitro fertilization and embryo transfer have been identified. Main body Embryo+™ researchers met in-person with the PES two times (fall 2019; each meeting had 9 PES members in attendance) for initial feedback and protocol development. After these meetings, PES leadership and Embryo+™ researchers decided that the unique nature of the project merited a PPI evaluation. Subsequent evaluation of engagement efforts occurred by reviewing the PES reports for the Embryo+™ researchers, conducting two recorded web-based discussion meetings with the PES (summer 2020; meeting 1 n = 7; meeting 2 n = 6), and a brief survey (n = 13). The discussion meetings provided an opportunity for the PES members to define engagement themes through consensus via verbal agreement to the studio director’s periodic summaries during the discussions. Combining survey results and PES themes allowed for a broad discussion for meaningful engagement. The Embryo+™ researchers established trust with the patients by changing some of their language in response to patient suggestions, allowing for unintended ethical conversations, and implementing the patient developed protocols. Overall, the patient experts thought this project was very meaningful and valuable, quantified by a mean loyalty score 89.43 (s.d. 10.29). Conclusion Bench science researchers may need additional PPI training prior to engaging with patient groups. PPI in this project was successful in large part due to this training, where the director emphasized the importance of gaining trust with the patients. The researchers applied what they learned and several examples of how to develop trust with patients are discussed. If trust is established, PPI in an ethically charged, basic science research study can be both valuable and successful.

Loci of agreement and deviations from the Mirror Principle in Hungarian verbs

In this revised account of Hungarian verbal agreement, I propose that the language’s locus of subject agreement is not T, unlike in current Minimalist analyses, but Pred (or Asp), just above direct object agreement in v. Furthermore, the surface linear order of affixes (stem – tense/mood – object agreement – subject agreement) does not conform to the hierarchical order of syntactic heads (V < v < Pred < T/M), thus violating the Mirror Principle, because local dislocation in postsyntactic morphology adjusts the initial linearization of the heads.