Sales - Warranties

Conforming tender by adjustment or minor repair- Under the Uniform Commercial Code, where the seller was denied access and a reasonable opportunity to conform a defective tender by adjustment or minor repair rather than by substituting new merchandise, the buyer failed to show a breach of warranty entitling him to either new merchandise or rescission. Wilson v. Scampoli, 228 A.2d 848 (D.C. Ct. App. 1967)

The Development of Judicial Relief Available to Unions for Employer Violations of Subcontracting Clauses in the Construction Industry

Agreements between unions and employers in the construction industry often contain clauses designed to limit the subcontracting of work to be done at the construction site; such clauses may either be primary or secondary in nature. The scope of the contractual limitations which a union may impose upon the neutral, secondary employer\u27s right to subcontract work to a primary employer has been a constant source of litigation. In addition, much litigation has involved the question of the tactics which a union may employ in order to obtain and enforce subcontracting clauses

Finitely forcible graph limits are universal

The theory of graph limits represents large graphs by analytic objects called graphons. Graph limits determined by finitely many graph densities, which are represented by finitely forcible graphons, arise in various scenarios, particularly within extremal combinatorics. Lovasz and Szegedy conjectured that all such graphons possess a simple structure, e.g., the space of their typical vertices is always finite dimensional; this was disproved by several ad hoc constructions of complex finitely forcible graphons. We prove that any graphon is a subgraphon of a finitely forcible graphon. This dismisses any hope for a result showing that finitely forcible graphons possess a simple structure, and is surprising when contrasted with the fact that finitely forcible graphons form a meager set in the space of all graphons. In addition, since any finitely forcible graphon represents the unique minimizer of some linear combination of densities of subgraphs, our result also shows that such minimization problems, which conceptually are among the simplest kind within extremal graph theory, may in fact have unique optimal solutions with arbitrarily complex structure

Finitely forcible graph limits are universal

The theory of graph limits represents large graphs by analytic objects called graphons. Graph limits determined by finitely many graph densities, which are represented by finitely forcible graphons, arise in various scenarios, particularly within extremal combinatorics. Lovasz and Szegedy conjectured that all such graphons possess a simple structure, e.g., the space of their typical vertices is always finite dimensional; this was disproved by several ad hoc constructions of complex finitely forcible graphons. We prove that any graphon is a subgraphon of a finitely forcible graphon. This dismisses any hope for a result showing that finitely forcible graphons possess a simple structure, and is surprising when contrasted with the fact that finitely forcible graphons form a meager set in the space of all graphons. In addition, since any finitely forcible graphon represents the unique minimizer of some linear combination of densities of subgraphs, our result also shows that such minimization problems, which conceptually are among the simplest kind within extremal graph theory, may in fact have unique optimal solutions with arbitrarily complex structure

Effect of social status on behavioral and neural response to stress

Individuals respond differently to traumatic stress. Social status, which plays a key role in how animals experience and interact with their social environment, may influence how individuals respond to stressors. In this study, we used a conditioned defeat model to investigate whether social status alters susceptibility to the behavioral and neural consequences of traumatic stress. Conditioned defeat is a model in Syrian hamsters in which an acute social defeat encounter results in a long term increase in submissive behavior and a loss of normal territorial aggression. To establish social status, we weight matched and paired Syrian hamsters in daily aggressive encounters for two weeks to create dominant/subordinate relationships. We also included controls which were exposed daily to a clean empty cage for the same 14 day period. Twenty-four hours after the final pairing or empty cage exposure, subjects were divided into defeat and no defeat groups. Individuals in the defeat group received three 5 minute social defeats at 5 minute intervals in the cage of a larger aggressive hamster. Individuals in the no defeat group were exposed to the empty cage of a larger aggressive hamster at the same time intervals. In experiment 1, subjects of both groups were tested for conditioned defeat with a non-aggressive intruder 24 hours after social defeat training. In experiment 2, brains were collected 65 minutes following social defeat training and immunohistochemistry was performed for c-Fos protein, a marker of neural activation. We quantified the number of c-Fos immunopositive cells in brain regions known to be involved in stress and aggression, including the ventral medial prefrontal cortex, medial amygdala, and lateral and ventromedial hypothalamus. We found that subordinate animals showed significantly more conditioned defeat behavior than did dominants or controls, and subordinates showed significantly less c-Fos immunoreactivity than did dominants in all these brain regions. These results suggest that decreased neural activity in these brain regions corresponds to an increased susceptibility to conditioned defeat. In sum, social status plays an important role in how animals respond to social stressors and this corresponds to activity in specific brain areas