Caveat Vendor: Sellers of Real Estate Now Need to Beware of Misrepresentations about the Condition of Property

The common law approach to disclosure of latent defects in real property was caveat emptor, which meant sellers had no duty to disclose latent defects to purchasers.2 Most modem courts have mitigated the harshness of the doctrine by adopting a system that mandates disclosure by a seller of any latent defect3 material to the purchaser\u27s decision to buy the property and whose existence is known by the seller. Droz v. Trump highlights a growing trend among a number of Missouri courts willing to further narrow the seller protections of caveat emptor in favor of protecting innocent purchasers of real property. Most significant in this case is the use of the affirmative representation doctrine to completely cancel the purchaser\u27s duty to investigate latent defects

Here\u27s Your Burrito and Watch Your Back: Does Missouri Really Want to Hold Businesses Liable for Attacks on Patrons

In the late 1980s, Missouri altered a longstanding common law rule and found that businesses sometimes owe a duty to their patrons to protect against or warn about criminal attacks by third parties.\u27 This new rule generally applies when a business has experienced prior incidents that are reasonably recent and similar to the attack in question.3 In Stroot v. Taco Bell Corp., the Missouri Court of Appeals for the Eastern District of Missouri upheld a summary judgment entered in favor of a business for an attack that occurred in the business\u27s parking lot even though the victim alleged that prior violent incidents had occurred in the parking lot and filed supporting affidavits.4 Perhaps Stroot represents a shift away from the modem trend of premises liability law and a return to a take care of yourself\u27 approach. Even more surprising is the court\u27s apparent willingness to ignore the rescue doctrine in favor of protecting businesses from potential liability

Marine biogeographic boundaries and human introduction along the European coast revealed by phylogeography of the prawn Palaemon elegans

11 páginas, 5 figuras, 6 tablas.A phylogeographic analysis is carried out for the widely distributed European littoral prawn Palaemon elegans in order to test for potential genetic differentiation and geographic structure. Mitochondrial sequences were obtained from 283 specimens from the northeastern Atlantic, the Baltic, Mediterranean, Black and Caspian Seas. Our study revealed a surprisingly complex population structure. Three main haplogroups can be separated: one from the Atlantic (Type I) and two from the Mediterranean (Types II and III). While the Mediterranean types occur in sympatry, a clear phylogeographic break was observed along the Almería-Oran Front separating Type I and giving evidence for a genetic isolation of Atlantic and Mediterranean populations. Type III represents the most distinct haplogroup with high levels of nucleotide divergence, indicating the occurrence of a cryptic species with a Messinian origin. The colonization of the southeastern Baltic Sea is most likely due to human introduction.For financial support we like to thank the European Union funding (FEDER), the Spanish “Ministerio de Educación y Ciencia, Plan Nacional I+D” (Project CGL2004-01083), the DAAD (D/03/40344) and the Spanish “Ministerio de Ciencia y Tecnología—Acciones Integradas (HA2003-078).Peer reviewe

Revisiting promyelocytic leukemia protein targeting by human cytomegalovirus immediate-early protein 1

This work was supported by a grant (MR/P022146/1) from the Medical Research Council (https://mrc.ukri.org) to MMN, a grant (T16/28) from Tenovus Scotland (https://tenovus-scotland.org.uk) to CP, a European Union Erasmus+ grant (https://www.erasmusplus.org.uk) to BW and the Wellcome Trust Institutional Strategic Support Fund (https://wellcome.ac.uk) to CP and MMN.Promyelocytic leukemia (PML) bodies are nuclear organelles implicated in intrinsic and innate antiviral defense. The eponymous PML proteins, central to the self-organization of PML bodies, and other restriction factors found in these organelles are common targets of viral antagonism. The 72-kDa immediate-early protein 1 (IE1) is the principal antagonist of PML bodies encoded by the human cytomegalovirus (hCMV). IE1 is believed to disrupt PML bodies by inhibiting PML SUMOylation, while PML was proposed to act as an E3 ligase for IE1 SUMOylation. PML targeting by IE1 is considered to be crucial for hCMV replication at low multiplicities of infection, in part via counteracting antiviral gene induction linked to the cellular interferon (IFN) response. However, current concepts of IE1-PML interaction are largely derived from mutant IE1 proteins known or predicted to be metabolically unstable and globally misfolded. We performed systematic clustered charge-to-alanine scanning mutagenesis and identified a stable IE1 mutant protein (IE1cc172-176) with wild-type characteristics except for neither interacting with PML proteins nor inhibiting PML SUMOylation. Consequently, IE1cc172-176 does not associate with PML bodies and is selectively impaired for disrupting these organelles. Surprisingly, functional analysis of IE1cc172-176 revealed that the protein is hypermodified by mixed SUMO chains and that IE1 SUMOylation depends on nucleosome rather than PML binding. Furthermore, a mutant hCMV expressing IE1cc172-176 was only slightly attenuated compared to an IE1-null virus even at low multiplicities of infection. Finally, hCMV-induced expression of cytokine and IFN-stimulated genes turned out to be reduced rather than increased in the presence of IE1cc172-176 relative to wild-type IE1. Our findings challenge present views on the relationship of IE1 with PML and the role of PML in hCMV replication. This study also provides initial evidence for the idea that disruption of PML bodies upon viral infection is linked to activation rather than inhibition of innate immunity.Publisher PDFPeer reviewe

Congested Traffic States in Empirical Observations and Microscopic Simulations

We present data from several German freeways showing different kinds of congested traffic forming near road inhomogeneities, specifically lane closings, intersections, or uphill gradients. The states are localized or extended, homogeneous or oscillating. Combined states are observed as well, like the coexistence of moving localized clusters and clusters pinned at road inhomogeneities, or regions of oscillating congested traffic upstream of nearly homogeneous congested traffic. The experimental findings are consistent with a recently proposed theoretical phase diagram for traffic near on-ramps [D. Helbing, A. Hennecke, and M. Treiber, Phys. Rev. Lett. {\bf 82}, 4360 (1999)]. We simulate these situations with a novel continuous microscopic single-lane model, the ``intelligent driver model'' (IDM), using the empirical boundary conditions. All observations, including the coexistence of states, are qualitatively reproduced by describing inhomogeneities with local variations of one model parameter. We show that the results of the microscopic model can be understood by formulating the theoretical phase diagram for bottlenecks in a more general way. In particular, a local drop of the road capacity induced by parameter variations has practically the same effect as an on-ramp.Comment: Now published in Phys. Rev. E. Minor changes suggested by a referee are incorporated; full bibliographic info added. For related work see http://www.mtreiber.de/ and http://www.helbing.org

Gas-kinetic derivation of Navier-Stokes-like traffic equations

Macroscopic traffic models have recently been severely criticized to base on lax analogies only and to have a number of deficiencies. Therefore, this paper shows how to construct a logically consistent fluid-dynamic traffic model from basic laws for the acceleration and interaction of vehicles. These considerations lead to the gas-kinetic traffic equation of Paveri-Fontana. Its stationary and spatially homogeneous solution implies equilibrium relations for the `fundamental diagram', the variance-density relation, and other quantities which are partly difficult to determine empirically. Paveri-Fontana's traffic equation allows the derivation of macroscopic moment equations which build a system of non-closed equations. This system can be closed by the well proved method of Chapman and Enskog which leads to Euler-like traffic equations in zeroth-order approximation and to Navier-Stokes-like traffic equations in first-order approximation. The latter are finally corrected for the finite space requirements of vehicles. It is shown that the resulting model is able to withstand the above mentioned criticism.Comment: For related work see http://www.theo2.physik.uni-stuttgart.de/helbing.htm

Feedback control algorithms for the dissipation of traffic waves with autonomous vehicles

International audienceThis article considers the problem of traffic control in which an autonomous vehicle is used to regulate human piloted traffic to dissipate stop and go traffic waves. We first investigate the controllability of well-known microscopic traffic flow models, namely i) the Bando model (also known as the optimal velocity model), ii) the follow-the-leader model, and iii) a combined optimal velocity follow the leader model. Based on the controllability results, we propose three control strategies for an autonomous vehicle to stabilize the other, human-piloted traffic. We subsequently simulate the control effects on the microscopic models of human drivers in numerical experiments to quantify the potential benefits of the controllers. Based on the simulations, finally we conduct a field experiment with 22 human drivers and a fully autonomous-capable vehicle, to assess the feasibility of autonomous vehicle based traffic control on real human piloted traffic. We show that both in simulation and in the field test that an autonomous vehicle is able to dampen waves generated by 22 cars, and that as a consequence, the total fuel consumption of all vehicles is reduced by up to 20%

Traffic and Related Self-Driven Many-Particle Systems

Since the subject of traffic dynamics has captured the interest of physicists, many astonishing effects have been revealed and explained. Some of the questions now understood are the following: Why are vehicles sometimes stopped by so-called ``phantom traffic jams'', although they all like to drive fast? What are the mechanisms behind stop-and-go traffic? Why are there several different kinds of congestion, and how are they related? Why do most traffic jams occur considerably before the road capacity is reached? Can a temporary reduction of the traffic volume cause a lasting traffic jam? Under which conditions can speed limits speed up traffic? Why do pedestrians moving in opposite directions normally organize in lanes, while similar systems are ``freezing by heating''? Why do self-organizing systems tend to reach an optimal state? Why do panicking pedestrians produce dangerous deadlocks? All these questions have been answered by applying and extending methods from statistical physics and non-linear dynamics to self-driven many-particle systems. This review article on traffic introduces (i) empirically data, facts, and observations, (ii) the main approaches to pedestrian, highway, and city traffic, (iii) microscopic (particle-based), mesoscopic (gas-kinetic), and macroscopic (fluid-dynamic) models. Attention is also paid to the formulation of a micro-macro link, to aspects of universality, and to other unifying concepts like a general modelling framework for self-driven many-particle systems, including spin systems. Subjects such as the optimization of traffic flows and relations to biological or socio-economic systems such as bacterial colonies, flocks of birds, panics, and stock market dynamics are discussed as well.Comment: A shortened version of this article will appear in Reviews of Modern Physics, an extended one as a book. The 63 figures were omitted because of storage capacity. For related work see http://www.helbing.org