...contracting parties. The latter section goes on to provide that consent is free when it is not caused by ‘coercion’ as defined by section 15, or others such as ‘undue influence, fraud, misrepresentation and mistake’. The relevant part of section 15 reads as follows: “ ‘Coercion’ is the committing, or threatening to commit any act forbidden by the Penal Code, or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.”Lord Moulton in Kanhaya Lal v. National Bank of India Ltd, an appeal to the Privy Council from India on a provision in pari materia with the local Act, opined that the definition of ‘coercion’ was solely a definition which applied ‘to the consideration whether there has been ‘free consent’ to an agreement so as to render it a contract’. This means that the definition of ‘coercion’ under section 15 applies solely to the consideration whether there has been free consent to an agreement so as to render it a contract under section 10 of the Contracts Act.The definition of ‘coercion’ seems covers duress at common law which has traditionally meant actual violence or threats of violence to the person of the contracting party or someone close to that person. The common law of duress relating to the unlawful threat to...
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...County Judges Three major court systems in Hamilton County were reviewed in depth, and case information from the Common Pleas, Domestic Relations, and Municipal Courts were reviewed. This study compiles information from 38 Judges who had a total of 182,908 cases presented to them over a three year period. This study shows the number of cases that were disposed, appealed, and reversed. This study is to aid in determining which judges have a greater proficiency trying cases and their verdicts stand as rendered, rather than the verdicts being appealed or reversed. Each judges case load was reviewed and the statistics were determined by how many cases have been appealed, reversed or a conjunction of both. This information will help determine the judges who have made the least, as well as the most errors, while serving in the Hamilton County Court System over the three year period. This study will show that for all the disposed cases in the Hamilton County Court System during the 3 year evaluation period, the Common Pleas Court the probability of a case being appealed and reversed is 0.1129 (11.29%); Domestic Relations Courts probability of a case being appealed and reversed is 0.1604 (16.04%); Municipal Court probability of a case being appealed and reversed is 0.2080(20.80%). The probability of a case being appealed, per judge is: (P) indicating Probability Common Pleas Court Judges: (P) of Appeal per Judge (P) of Reversal per Judge (P) of Reversal given an Appeal, per...
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...f termite solider Analysing 6 a Herman b Ken c Eugene d Louisa e Jane 7 Xero 8 Student responses will vary. [pic] Evaluating 9 Student responses will vary. Creating 10 Student responses will vary. a How are all the lollies at the cinema different? b Why are boys’ names different? 11 Student responses will vary. [pic] 12 Student responses will vary. 13 Student responses will vary. 14 Student responses will vary. An example follows: 1 a short Chris b not short Go to 2 2 a male Ro b not male Go to 3 3 a brunette Marg b not brunette Jacinta 15 Student responses will vary. 16 Student responses will vary. Examples follow: a [pic] b 1 a Lives in water Water lily b Doesn’t live in water Go to 2 2 a Has spikes Cactus b Doesn’t have spikes Go to 3 3 a 1 single leaf is divided into sections Tree fern b 1 single leave is whole Go to 4 4 a Used to make Eucalyptus oil Gum tree b Not used to make...
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...análisis de estos errores puede ayudar a predecir algunos de estos errores. PALABRAS CLAVE. Influencia negativa, transferencia lingüística, español como segunda lengua, dos partes: una teórica y un análisis práctico, transferencia negativa, predecir errores. ABSTRACT. This paper focuses on the negative influence of Language Transfer on the learning process Spanish as an L2. It is divided into two main parts; a theoretical one and a practical analysis. The former includes the different aspects considering language transfer, whereas the latter analyses different mistakes due to negative transfer, which have been taken form texts written by several British students when learning Spanish. The conclusion will show that the analysis of these mistakes may help predict some of these mistakes. KEY WORDS. negative influence, language transfer, Spanish as a L2, theoretical part and practical analysis, negative transfer, predict mistakes.. 1. THEORETICAL PART 1.1. SOME PRELIMINARY CONSIDERATIONS Whenever one is learning a new language, there are certain aspects that have to be considered in order to achieve a good knowledge of that new language. Among these aspects several concepts should be defined before...
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...Annette is hired to assist in the data analysis. Case: Hamilton County Judges A Review by the Company of Annette Over a period of three years, Kristen DelGuzzi of the Cinncinati Enquirer created a study to see which Judges were performing the best and worst. Appeals are the result of a mistake made by the judges. Disposed is when the judge throws out the case. And Reversed is when the judge reverses what was said during a pervious case. With this study I will being answering the following questions: 1. Who is doing a good job? 2. Who isn’t doing a good job? 3. Why does the company of Annette think so? With answering the questions. This report will also provided the results from: * The probability of cases being appealed and reversed in three different courts * The probability of a case being appealed for each judge * The probability of a case being reversed for each judge * Rank the judges within each court. * Due to the use of Microsoft excel, the result with will have multiple numbers after the decimal point, no set amount.* Results given from Kristen DelGuzzi: Judge | Disposed | Appealed | Reversed | Court | Fred Cartolano | 3037 | 137 | 12 | Common | Thomas...
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...Case information for three Hamilton County Court systems were reviewed in depth and case information from the Common Pleas, Domestic Relations, and Municipal courts were submitted for review. This review complied information from 38 judges who had a total of 182,908 cases presented to them over a three year period. This review showed the number of cases that were disposed, appealed, and their verdicts reversed. The review was to assist in determining which judges have a greater proficiency trying cases and their verdicts stand as rendered rather than the verdicts being appealed or reversed. Each judge’s case load was reviewed and the statistics were determined by how many cases have been appealed, reversed or a combination of both. The below information will assist in determining which judges have made the most along with the least incorrect verdicts during the three year period reviewed. This review will show that for all the disposed cases during the evaluation period the probability of a case being appealed and reversed in the Common Pleas Court was 0.1129 (11.29%); Domestic Relations court probability of a case being appealed and reversed was 0.1604 (16.04%); Municipal Court probability of a case being appealed and reversed was 0.2080 (20.80%). The probability of a case being appealed for the Common Pleas Court, per judge is below: Judge | Appeal Per Judge | Reversed Per Judge | Reversal of Appeal Per Judge | Fred Cartolano | 0.04511 | 0.003951 | 0.087591...
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...errors undermine justice.” This report summarizes and ranks each court and judges’ ruling in Hamilton County from 1994 to 1996. Each Judge is ranked on frequency of having a ruling appealed and the frequency of handing down an unlawful judgement. These rankings are subdivided into quartiles of how accurate each judge was in their ruling, the higher the ranking the more accurate that particular judge was. This study found that older judges were making the majority of the mistakes. After 28 years judge William Morrissey retired in 1996, however, in the three years prior he had 22 reversals. Judge William S. Mathews a veteran judge of 27 years had 18 reversals in a two year time span. While the two newest Judges Beth Mattingly and James Patrick had only one reversal apiece in 1996. Experts have pointed to burnout of the judges being the lead cause to judicial mistakes. (1) dATA AND RANKING 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile Common court * indicates judge was not with court system during the entire duration three year duration of investigation Rank | Judge | Frequency of Appealed | 1 | Ralph Winkler | 0.028488 | 2 | Timothy Hogan* | 0.030706 | 3 | Patrick Dinkelacker* | 0.034976 | 4 | Thomas Crush | 0.035291 | 5 | Arthur Ney Jr. | 0.038832 | 6 | William Morrissey | 0.039908 | 7 | William Mathews* | 0.040194 | 8 | Thomas Nurre | 0.040333 | 9 | Ann Marie Tracey | 0.040433 | 10...
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...Cincinnati Enquirer conducted a study of cases handled by Hamilton County Judges over a three-year period ( Cincinnati Enquirer, January 11, 1998 ). Shown in Table 2.5 are the results for 182,908 cases handled (disposed) by 38 Judges in Common Pleas Court, Domestic relations Court, and Municipal Court. Two of the judges (Dinkelacker and Hogan) did not serve in the same court for the entire three-year period. The purpose of the newspaper’s study was to evaluate the performance of the judges. Appeals are often the result of mistakes made by judges, and the newspaper wanted to know which judges were doing a good job and which were making too many mistakes. You have been called in to assist in the data analysis. Use your knowledge of probability to help with the ranking of the judges. You also may e able to analyze….. TABLE 2.5 CASES DISPOSED, APPEALED, AND REVERSED IN HAMILTON COUNTY COURTS Common Pleas Court Judge Total Cases Disposed Appealed Cases Reversed Cases Fred Cartolano 3,037 137 12 Thomas Crush 3,372 119 10 Patrick Dinkelacker 1,258 44 8 Timothy Hogan 1,954 60 7 Robert Kraft 3,138 127 7 William Mathews 2,264 91 18 William Morrissey 3,032 121 22 Norbert Nadel 2,959 131 20 Arthur Ney, Jr. 3,219 125 14 Richard Niehaus 3,353 137 16 Thomas Nurre 3,000 121 6 John O’ Connor 2,969 129 12 Robert Ruehlman 3,205 145 18 J. Howard Sundermann 955 60 10 Ann Marie Tracey 3,141 127 13 Ralph Winkler 3,089 88 6 Total 43,945 1,762 199 Domestic Relations Court Judge Total...
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... assume that areal estate speculator owns swampland but advertises it as valuable commerciallyzoned land. This is a misrepresentation. If someone buys the land relying on thespeculator's statement that it is commercially valuable, the buyer may sue thespeculator for monetary losses resulting from the purchase.” http://legal-dictionary.thefreedictionary.com/misrepresentation The effect of a finding of misrepresentation is the contract is voidable which means that the contract exists but it can be set to aside by the representee. The solution available depends on the type of misrepresentation, but generally consists of recession and or damages. In some circumstances the right to rescind the contract can be lost. The law that relates to misrepresentation is found in common law with the misrepresentation Act 1967. There are 3 types of misrepresentation: innocent misrepresentation, negligent misrepresentation and fraudulent misrepresentation. Once it has been established that a false statement was made and that it induced the contract, it needs to be decided what type of misrepresentation it is in order to determine the available remedy which can be any of the previously stated misrepresentations. Innocent- this is a false statement which the person makes honestly believing it to be true. The remedies available are either: rescission with an indemnity, or damages in lieu of rescission under the courts discretion in s2 misrepresentation Act 1967. Fraudulent misrepresentation-...
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...for 182,908 cases handled (disposed) by 38 judges in Common Pleas Court, Domestic Relations Court, and Municipal Court; Kristin DelGuzzi of the Cincinnati Enquirer conducted a study of these cases handled over a 3 year time period. Two of the judges, Dinkelacker and Hogan did not serve in the same court for the entire 3 year period. The purpose of the newspapers study was to evaluate the performance of these judges. Appeals are often caused by mistakes made by judges and the newspaper wanted to find out which judges were doing a good and bad jobs. Contents PROBLEM DEFINITION 5 MODEL VERIFICATION 14 OPTIMIZATION AND DECISION MAKING 15 MODEL COMMUNICATION TO MANAGEMENT 16 MODEL IMPLEMENTATION 16 Bibliography 17 PROBLEM DEFINITION Hamilton County Judges try thousands of cases per year. In an alarmingly large amount of these cases that are disposed, the verdict stands as rendered. Some of these cases are appealed and sometimes won or reversed. Using the resulted for 182,908 cases handled (disposed) by 38 judges in Common Pleas Court, Domestic Relations Court, and Municipal Court; Kristin DelGuzzi of the Cincinnati Enquirer conducted a study of these cases handled over a 3 year time period. Two of the judges, Dinkelacker and Hogan did not serve in the same court for the entire 3 year period. The purpose of the newspapers study was to evaluate the performance of these judges. Appeals are often caused by mistakes made by judges and the newspaper wanted to find out...
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...CONSENT-COMPARISON BETWEEN ENGLISH AND INDIAN LAW 1|Page Table of Contends Introduction………………………………………………………4 Coercion…………………………………………………………..5 Undue Influence………………………………………………….9 Fraud……………………………………………………………..16 Misrepresentation……………………………………………….24 Mistake…………………………………………………………...31 Conclusion……………………………………………………….35 Bibliography……………………………………………………..36 2|Page Introduction Consent can defined as the meeting up of two minds. It well defined principle in common as well as in Indian Law. Section 13 of the Indian Contract Act, 1872 clearly defines consent which says that: Two or more persons are said to consent when they agree upon the same thing in the same sense. For example a customer buys a food processor because the retailer has claimed that the product was made in France but actually the product was made in Taiwan or an instance where a patient signed a contract to pay large sum of money to a doctor for immediate surgery which was actually unnecessary. In all the cases the offer was accepted leading to formation of an agreement and even there was a meeting of minds. However the consent of the person has been manipulated. If it were not the misrepresentation or undue influence the person should not have signed the agreement. It would be unjust if the contract was not set aside. S.10 of the Indian Contract Act says that: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration...
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...LECTURE 11 MISTAKE INTRODUCTION We are here concerned with the consequences, if any, upon a contract where one or both of the parties to it have entered into the contract under the influence of a mistake. Sometimes these mistakes are due to some misrepresentation or misleading conduct on the part of one of the parties. In such cases there will usually be remedies based upon other principles such as misrepresentation and misleading and deceptive conduct. We are not concerned here with such mistakes. Our concern is with mistakes that might be termed as ‘self-induced or spontaneous’: Heffey et al, Principles of Contract Law, at 441. TYPES OF MISTAKE Broadly, there are four types of mistake which could have an effect on the enforceability and validity of a contract: (a) (b) (c) (d) Common mistake; Mutual mistake; Unilateral mistake; Non est factum. COMMON MISTAKE If the parties have reached agreement but have made the same mistake as to a fundamental fact, they have made what is often called a common mistake. The validity of the contract depends upon the type of common mistake made. Where the subject matter of the contract has been destroyed or does not exist at the time of the contract and neither party knows this, or is at fault, then the contract is void ab initio. See also s. 11 of the Sale of Goods Act. A different position applies if in fact the goods never existed. See McRae v Commonwealth Disposals Commission (1951) 84 CLR 377; Associated Japanese Bank (International)...
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...problem before creating a solution they are thinking critically. This paper will explore critical thinking in the workplace and how thinking challenges can obscure the process of critical thinking. Most people process their thinking based on how and where they were raised, their religious beliefs, values, and ethics. Critical thinking involves analyzing and evaluating ones thoughts while eliminating all the biases one may have acquired overtime. When critical thinking skills are practiced in the workplace mistakes are normally at a minimal. Critical thinking allows employees to make decisions in a clear and concise manner. In the workplace today, most organizations are successful as a result of employing personnel who possess critical thinking skills or by training staff on these skills. Employees who think critically and make good decisions are those who avoid the common thinking challenges. Misthinking, enculturation, and self concept are just a few of the common mistakes when attempting to be a critical thinker. According to Kirby & Goodpaster, “Who we are is how we think” (p. 14). Before becoming a critical thinker people must face the facts of who they...
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...Case: Hamilton County Judges A Review by the Company of Annette Over a period of three years, Kristen DelGuzzi of the Cincinnati Enquirer created a study to see which Judges were performing the best and worst. Appeals are the result of a mistake made by the judges. Disposed is when the judge throws out the case. And Reversed is when the judge reverses what was said during a pervious case. With this study I will being answering the following questions: 1. Who is doing a good job? 2. Who isn’t doing a good job? 3. Why does the company of Annette think so? With answering the questions. This report will also provide the results from: * The probability of cases being appealed and reversed in three different courts * The probability of a case being appealed for each judge * The probability of a case being reversed for each judge * Rank the judges within each court. * Due to the use of Microsoft excel, the result with will have multiple numbers after the decimal point, no set amount.* The purpose of this report is to evaluate the performance of the Hamilton county judges, in three different courts. The data is compiled from information gathered over a three year period and includes a total of 182,908 cases handled by 38 judges in Common Pleas...
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...Tamara Thomas BUSI 472 27, November 2011 Top Ten Blunders in Business Etiquette There are numerous mistakes in business etiquette which have become second hand in today’s society. As Christians in business we must strive to do as Christ would have us to do. We should have a higher standard when it comes to having proper etiquette in business; in my research I will attempt to convey the top ten blunders of business etiquette. People may ask well what blunders are. Blunders are simply mistakes or things that should not be done. All businesses have a set of ethical codes of business; no matter how large or small the business, proper etiquette counts as well as manners. As a Christian in customer service it is my job to make sure that I deliver outstanding service to our clients, by exceeding their expectations. I have been on both sides as the consumer as well as the representative of the business and I have had all these common blunders occur in my work as well me being the customer. The first common blunder is No multitasking while talking; this is a very big issue in a business where you have to have face to face contact with a potential client; emailing, texting, or answer unimportant calls while doing business with someone face to face. Texting and emailing unless it its business related should not be done at all while working, this type of disasters can cause serious miss communication between both client and business. How often do you see a person harm...
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