Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
This comprehensive publication provides practitioners in the area of life, health, and disability insurance with a national survey of each of the fifty states regarding misrepresentations on applications as well as the applicable case law interpreting relevant statutes and developing the common law regarding misrepresentations. In addition, the publication will address the evolving issues related to misrepresentations in the context of the Employee Retirement Income Security Act (ERISA).
Social Policy, the Media and Misrepresentation examines aspects of news media reporting of social policy and how such coverage can influence processes of policy-making and implementation. It offers an appraisal of the complex inter-relationships between news media, news sources, the content of media coverage of social policy and its impact on audiences, public opinion and policy makers. Through detailed case studies, the various contributors explore: *social work and child protection *housing and homelessness *the charity and voluntary sectors *poverty and welfare policy *health (including HIV/AIDS) and mental health *education and crime and juvenile justice.
Any false representation made by one person to another, with the object and result of inducing him to enter into a contract or transaction with the representor, or otherwise to alter his position to his prejudice, may be the subject of a claim for damages at the instance of the latter person.The fourth edition of this legal classic takes into account the considerable judicial and legislative activity both in the UK and overseas, since the last edition was published in 1974, and provides thorough analysis of this area as well as supplying conclusive material to back claims.This new edition:* Covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute* Sets out in full the law and practice of bringing an action for misrepresentation* Also deals with the remedies and defences available* Provides substantial coverage of key decisions and legislative activity in both the UK and Commonwealth jurisdictions* In-depth treatment of the Hedley Byrne principles and cases including Smith New Court Securities
The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
"Challenging Misrepresentations of Black Womanhood" investigates the typecasting of Black womanhood and the larger sociological impact on Black women’s self-perceptions. It details the historical and contemporary use of stereotypes against Black women and how these women work to challenge and dispel false perceptions. The book highlights the role of racist ideas in the reproduction and promotion of stereotypes of Black femaleness in media, literature, artificial intelligence and the perceptions of the general public. Contributors in this collection identify the racist and sexist ideologies behind the misperceptions of Black womanhood and illuminate twenty-first–century stereotypical treatment of Black women such as Michelle Obama and Serena Williams, and explore topics such as comedic expressions of Black motherhood, representations of Black women in television dramas and literature, and identity reclamation and self-determination. "Challenging Misrepresentations of Black Womanhood" establishes the criteria with which to examine the role of stereotypes in the lives of Black women and, more specifically, its impact on their social and psychological well-being.
