Mistake Abstract The final thesis discusses the issue of mistake in civil law. The aim is to map out in detail the background of the overly brief wording of the law, which is associated with a large number of interpretation problems. The main focus is on the means of inducing a mistake, the question of excusability and the importance of deceit and fraud in legal acts. The text is based on Czech and foreign scholarly literature and case law, especially of the Supreme Court. In the introductory chapters, the wording of law is set in a broader perspective. First, key principles for the interpretation, as well as theories dealing with the issue of the conflict between expression and will, are presented. Subsequently, the historical genesis of the laws on mistake is presented, which is of considerable importance for the subsequent interpretation. One of the pillars of the work is a theoretical division of specific types of errors. Further ways of inducing error are discussed. With the help of historical, logical and systematic interpretation, a conclusion is made about the need to bridge the textual imperfection of the law. The specific nature of deceit is taken into account. An excursion into foreign unification projects, which process the wording of provisions of mistake more precisely is important for the...

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

This thesis is an investigation of the law of damages for misrepresentation at common law and under the Misrepresentation Act, 1967. It makes three principal claims. First, the relationship that must exist between the making of a false statement and the claimant's reliance on it is one of necessity. In applying this test to individual cases, there is no rule of law that the non-breach position is always that the defendant would have said nothing or that he would have disclosed the truth: it simply depends on what a reasonable defendant would in fact have done. Secondly, the scope of liability for negligent misrepresentation is governed by what this thesis describes as the 'falsity rule'. This is the rule that a loss must be a consequence not only of the making of a false statement but also of its falsity. The rule can be traced to the late nineteenth century and is the best explanation of the SAAMCO case. Contrary to the current orthodoxy, SAAMCO does not in fact endorse the risk theory of remoteness which, in any event, is flawed both as a description of the law and as a matter of principle. Thirdly, the measure of damages under section 2(1) of the 1967 Act is the deceit measure and the measure under section 2(2) is the monetary equivalent of rescission. These provisions have given rise to difficulty principally because their legislative history has not been closely analysed. In truth, Parliament enacted section 2(1) in the mistaken belief that the common law distinguishes between deceit and negligence only for the purpose of actionability, not damages, but a mistake of this kind is conceptually distinct from a mistake about the conventional meaning of words or syntax. For these reasons, it is argued that Royscot is correctly decided but that William Sindall, with respect, is not.

Communication is surrounding us. Leaders and followers are not an exception to that rule. Indeed, leadership actors are communicating with their co-workers, their boss, their employees, the media, and so forth. However, in the course of this paper and because of its importance, the focus on non verbal communication will be adopted. Basically, this form of communication is everything except the actual words that people pronounce. Body language, tone of the voice, cultural differences, deceit signals, all these components of non verbal communication and many others will be developed. The core of this work will be understanding the main concepts of non verbal communication and then applying them to leaders’ real life situations.   This thesis will also, among other things, aim to answer the following questions: What is the importance of non verbal communication in everyday life? How are leaders using non verbal communication to give sense? Do they use deceit signals? What influences the non verbal communication? What is the emotional intelligence concept? Can the non verbal communication be extrapolated and be seen as being inter-cultural?

Online sexual activities, including pornography use, have drastically increased in recent years. Many studies have examined the impact that pornography use can have on marriages and families. One of the key findings has been that pornography use can negatively impact trust in relationships. This study focused on understanding the mechanisms involved when a husband's pornography use negatively impacts his marital relationship and his wife's emotional well-being. Through qualitative analysis of interviews of 14 wives who received therapy because of their husband's pornography use, the analytic team found (1) a breakdown of expectations and assumptions central to the marriage, (2) a sense of distance or disconnection from their husband, and (3) a general sense of being emotionally and psychologically unsafe and insecure in their relationship. Further, it was found that loss of trust was greatly influenced by the sexual nature of pornography and the deceit surrounding its use. These two factors combined to produce a loss of secure attachment, particularly for attachment-oriented and attachment-idealizing wives, who hold the belief that pornography use is not appropriate. Overall, it was found that a husband's involvement with pornography can result in a lack of emotional, psychological, and physical availability and responsiveness, and a decrease in closeness and intimacy. Interacting with the impact of deceit, a spouse's pornography use clearly provides ample opportunity for the breakdown of secure attachment at a level that can be classified as an attachment rupture or trauma.

No description available.

No / The Economics of Sin examines the definition and evolution of sin from the perspective of rational choice economics, yet is conscious of the limitations of such an approach. The author argues that because engaging in activities deemed to be sinful is an act of choice, it can therefore be subject to the logic of choice in the economic model. The book considers the formation of religions, including the new age revival of `wicca¿, as regulators of the quasi-market in sins, and goes on to appraise the role of specific sins such as lying, envy, jealousy, greed, lust, sloth, and waste in individual markets and in macroeconomic activity. Empirical evidence on issues such as cannibalism, capital punishment, addiction, adultery and prostitution is also explored. Samuel Cameron concludes that a large percentage of economic activity is intimately connected with forms of sin which are in some circumstances highly beneficial to the functioning of markets, particularly in the presence of market failure. This innovative, interdisciplinary study of the institution of sin will be of enormous interest to a wide-ranging readership, including researchers and teachers of economics, sociology and theology. It will also be of importance for anthropologists and philosophers.

Monoecy, the production of distinct male and female flowers on the same plant, is an important, though little studied, sexual strategy in the rainforest understory. This study of a monoecious plant discovered a cue to induce flowering, explored the interplay of gender constraint vs. plasticity in a natural population, and tested possible causes of gender in two laboratory experiments. An experiment in the lab found that reduced photoperiod for three weeks is an unambiguous cue for flowering. The remarkably long inductive period is followed by a long and variable period of floral initiation. This results in only partial synchronization of flowering among plants in a patch, which enhances mating opportunities in this protandrous plant. Inflorescence architecture is highly constrained, and ideally produces a phenotypic gender (proportion female) of about 0.5. However, in the forest at Las Cruces, Costa Rica, most plants were less female than predicted, mostly through abortion of female buds. Plants showed gender plasticity between and within years. Large plants produced more flowers and were more female in gender, and less variable in gender, than small plants. Reproduction was poorly correlated with environmental resource availability, measured as canopy openness, soil moisture, pH, and soil phosphorus, ammonium and nitrate. Phenotypic selection analysis on seed production suggests an optimal gender of 50-60% female, yet plasticity to be less female than this optimum, and in particular to express only male function, has been maintained. In a factorial experiment in the lab, high light or high nitrogen caused plants to produce more flowers and to be proportionally more female, and larger in weight, than low light or nitrogen. The effects of light and nitrogen on reproduction, plant size, and leaf greenness suggest an energy based determination of gender. Gender may be mostly influenced by plant size, but sometimes also opportunistically by environment. Inoculation with mycorrhizas caused plants to be less female in gender, and smaller in weight, than plants that were not inoculated. This suggests a net cost of mycorrhizas under experimental conditions, and supports the emerging view of the mycorrhizal symbiosis as not necessarily mutualistic under all circumstances.

Every big scam starts with a small invite. You are about to face the inconvenient accusation of you being responsible for your own loss. At least, this was the case for the seller of ”Macbook Pro 15” 2.4 intel-core, 4GB, glossy” in early December 2010. This thesis is breaking apart the comfort zone of being a victim, suggesting we want to be betrayed. Although the ”victim” has detected a risk, his wish to beleive that the affair is what it’s told to be, nourishes the betrayal that can proceed. Cooperation is the key word and a possible explanation to scam or betrayal – spun out of our natural urges fear, vanity and boredom. By rhetorically analysing a mail conversation, consisting of 21 mails sent between a scammer and his prey, the full scamming process can be reveiled. Investigating the nature of convincement and adaptation, it seems we put our trust in trust itself. On the other hand our greed makes us all possible scammers – a matter of the heart for 1920‘s essayist Walter Serner, who’s hand book for scammers appears relevant even to this day. Has the truth lost it’s charm? Who’s fooling who? Consider that there is no such thing as being fooled – only being a fool.