New Rules for Promissory Fraud

This article summarizes the authors’ recommended reforms to the law of promissory fraud. These recommendations are presented as a Draft Prestatement of the Law of Insincere Promising. The basic propositions of the Prestatement are taken, with some modification, from the authors’ book, Insincere Promises: The Law of Misrepresented Intent (2005). This article adds extensive comments, in the style of the Restatements, and a prose introduction identifying three reforms we deem most important. First, courts should drop their insistence that every promise represents an intent to perform, and treat that representation instead as a default. Second, courts faced with claims of promissory fraud should pay more attention to scienter. This means both that promissory fraud claimants should be required to produce separate evidence of intent or recklessness, and that courts should recognize the largely overlooked possibility of negligent promissory misrepresentation. Finally, courts should acknowledge that promissory representations of intent are material only because they say something about the objective probability of performance, and should interpret a representation of intent to perform as saying, absent evidence to the contrary, that there is at least a fifty-percent chance that the promisor will perform

Promissory Fraud Without Breach

This Article, in keeping with the theme of this Symposium, explores the possibility of promissory fraud liability where there is no breach of contract. It is well known that mere breach of contract is not sufficient to make out a claim of promissory fraud. This rule makes eminent sense, for a promisor who initially intended to perform may have later changed her mind. Here we pose the converse question: is it possible to have promissory fraud liability without a breach

Mycotoxin Contamination in Grains; Papers presented at the 17th ASEAN Technical Seminar on Grain Postharvest Technology, Lumut, Malaysia, 25-27 July 1995

Crop Production/Industries,

Inclusive deuteron-induced reactions and final neutron states

We present in this paper a formalism for deuteron-induced inclusive reactions. We disentangle direct elastic breakup contributions from other processes (which we generically call non-elastic breakup) implying a capture of the neutron both above and below the neutron emission threshold. The reaction is described as a two step process, namely the breakup of the deuteron followed by the propagation of the neutron-target system driven by an optical potential. The final state interaction between the neutron and the target can eventually form an excited compound nucleus. Within this context, the direct neutron transfer to a sharp bound state is a limiting case of the present formalism.Comment: To appear in the proceedings of the 14th International Conference on Nuclear Reaction Mechanisms, Varenna, Ital

Magnetic properties of the Itinerant helimagnets MnSi and FeGe

This thesis describes high quality magnetisation measurements made on single crystals of MnSi, FeGe and ZrZn(_2) using a vibrating sample magnetometer. The measurements on MnSi have also been complemented with neutron scattering experiments. MnSi is a heavily investigated itinerant helimagnet which exhibits a variety of interesting phenomena associated with formation of a helical spin density wave propagating along directions. Magnetisation measurements were performed as a function of magnetic field at fixed temperatures stepping through the magnetic transition observed at 29.1 ± 0.05K. These were found to be highly anisotropic and included observation of the so-called 'Phase A' consistent with measurements using other techniques and providing explanation of apparent anomalies in previous magnetisation data (Kadowaki et al. (1981)). Further investigation of 'Phase A' using small angle neutron scattering (SANS) was successful in determining the magnetic state of MnSi within this regime in terms of helix reorientation which is shown to be broadly consistent with the expression for the free energy derived by Bak and Jensen (1980) and Plumer and Walker (1981). Reorientation of the helical spin density wave as a function of magnetic field was also studied using SANS to complement the magnetisation measurements. The second order process observed is similar to that predicted by Plumer and Walker (1981) and the form of their model for the magnetisation of is compared with the experimental results. Finally, anomalous magnetisation measurements close to the magnetic transition were further explored through neutron scattering. The results suggest a possible isotropic phase pre-empting the helical spin density wave formation. Cubic FeGe is also capable of supporting a static helical spin density wave and has a critical temperature of 278.7K with helix propagating along directions above 211K and along directions below 211K (for decreasing temperatures). Magnetisation measurements were made on cubic FeGe with magnetic field applied parallel to the direction and the magnetic phase diagram determined. Coupled with the SANS data of Lebech et al. (1989) it shows similar processes in terms of helix reorientation in an applied magnetic field occur for both FeGe and MnSi. The magnetic phase diagram is in good agreement with that predicted by Plumer (1990) for magnetic field applied parallel to the < 100

Folkloric Flux

This paper accompanies the authors original symphony for large orchestra, folkloric flux. Although primarily based on traditional symphonic formal and developmental features, folkloric flux also employs narrative to guide form, and textural procedures to supplement more traditional thematic and motivic development. Each movement recounts a folkloric narrative as a metaphor for recent events. Specifically, the four movements use 1) Humpty Dumpty to convey the effects of nationalistic militarism and veterans psychological trauma in relation to the US-Afghan war, 2) Jack and the Beanstalk to warn of hubristic technological advancement in modern industrial agriculture; 3) The Three Little Pigs to depict socioeconomic dimensions of the 2007-08 housing crisis; and 4) The Adventures of Pinocchio to examine quantitative easing, the widespread experimental monetary program. This paper documents 1) the relationship between narrative and form; and 2) how textural, thematic and motivic development contributes to narrative symbolism on an intra- and inter-movemental scale

An Analysis of Youth and Adult Ontario Recreational Travel Characteristics: A Pilot Study in the City of Waterloo for the Summer of 1972

This paper examines the travel patterns of youth and adult recreational participants from Waterloo, Ontario. Specifically, the study pertains to the travel done by these participants in Ontario, during the summer of 1972, and as such, contributes to the sparse literature available on the subject. It is discovered, that when youth are disaggregated from the population, one is able to determine the recreation travel differences between both parties, with a high degree of accuracy. The fact that a large percent of youth and adults frequent areas of their particular choice, indicates that there must be recognizable characteristics in both parties which address this type of activity. The travel patterns of all recreationalists are influenced to different degrees by time, locale, participants, period, and economics. The effect of these variables can be determined for the individual groups. By analysis of the characters which govern and regulate the degree of recreation participation, the state of familiarity can be established for the activities undertaken. Those individuals who are interested in learning how youth and adult populations function in the spatial dimension, may well find this paper useful