Not my Doctrine? Finding a Contract Law Explanation for Non Est Factum

Non est factum (Latin for "not my deed") is a common law doctrine that can allow the signer of a legal document to escape the usual legal consequences of their signature. In its early days, non est factum was available only to blind and illiterate persons who, without being careless, relied on another party's seriously flawed explanation of the document. Non est factum can void contracts, but I argue the general explanation for the doctrine is not a satisfactory explanation for why it applies to contracts. This article considers whether there is an explanation for non est factum that is consistent with contract law thinking. I argue that there is, and explain non est factum as an application of the objective principle set out in Smith v Hughes.&nbsp

Internal fields in diamond and related materials

The aim of this research was to develop the sensitive diagnostic method of Time Differential Perturbed Angular Distributions (TDPAD) using implanted fluorine (10F) as the nuclear probe, and apply it to defect and impurity studies of diamond crystals, by detecting the internal electric field gradient (efg) at the imparity sites. Defects and impurities can substantially determine and modify the electrical and physical properties of materials. Such studies lead to theoretical advances and new materials. Diamond presents a unique system in which to perform these studies. The related Muon Spin Rotation (MSR) technique, which detects the local magnetic field at the muon residence sites, was also used to study the behaviour of the implanted hydrogen-like impurity. The l0F is recoil implanted into the diamond by a 4 MeV pulsed proton beam from an accelerator. The parameters describing the local efg (magnitude, asymmetry, distribution and orientation) at the residence sites of the implanted 10F probes are measured by detecting the perturbed Tf-ray angular distribution from the 19F deexcitation. The efg reflects the local microscopic structure and dynamic processes. Measurements were performed as a function of crystallographic orientation, diamond type (naturally present defects and impurities) and temperature. Studies were also made of other carbon allotropes. The accelerator pulsing facilities were improved by the stabilization of the chopper and the development of a buncher. Theoretical model functions were developed for the analysis of data for non-axially symmetric efg’s in cubic single crystals. Essentially two different residence sites for 19F probe ions in diamond and its allotropes were found. The first (principal) site has a quadrupole coupling frequency of « 60 MHz, and is well defined with near axial symmetry for the efg. The second (diffuse) site, has a lower coupling frequency, also near axial symmetry but a large spread in the efg. The efg Ls oriented along a crystallographic direction in both sites. The measured degree of polycrystal'inity of the natural diamond lattice corresponded to certain defects and impurities in diamond

Review article : use of the team emergency assessment measure in the rating of emergency teams' non-technical skills : a mapping review

The present study aims to explore the utility of the Team Emergency Assessment Measure (TEAM) in relation to the enhancement of emergency team non-technical skills based on research conducted over the last decade. In this mapping review, a citation mining process identified 22 primary studies for inclusion, published between 2012 and 2022. It provides outcome data on emergency teams' non-technical skills following team training and/or real-life patient emergencies. Emergency team studies related to resuscitation teams (adult, paediatric, newborn and obstetric cases) and medical emergency team (MET) management of patient deterioration. Team performance ratings varied, ranging from approximately 90% for experienced clinical teams down to 38% for students. Statistically significant improvements in performance were notable following training and/or repeated practice. Validity evidence, across 11 studies that provided change data described positive learning outcomes and moderate intervention effects. However, according to Kirkpatrick's model of educational evaluation the studies were limited to professional development phases of learning and immediate post-training assessments rather than care quality improvement. The review highlights a lack of studies evidencing quality improvement or clinical impact such as change of patient care practice or health service performance. There is a need to conduct well-designed studies that explore both technical and non-technical skills of resuscitation teams and METs. Currently, non-technical skills training and repeated performance evaluations using the TEAM contribute immensely to the proficiency of emergency teams. © 2023 The Authors. Emergency Medicine Australasia published by John Wiley & Sons Australia, Ltd on behalf of Australasian College for Emergency Medicine

Justice for Victims of Injury: The Influence of New Zealand’s Accident Compensation Scheme on the Civil and Criminal Law

New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a no-fault redistributive scheme. The central thesis of this article is that the scheme, and its influence on the civil and criminal law in New Zealand, can be better understood in terms of the interplay between corrective, retributive and distributive justice. The orthodox view that the scheme was an abandonment of the corrective and retributive justice for injury victims in favour of distributive justice is challenged, and it is argued that Parliament has a crucial role in deciding between conceptions of justice. Parliament’s performance of that function is assessed, as is the performance of the Courts in terms of implementing statute law and developing the common law. Ultimately, the article concludes that the ACC scheme has had major unintended consequences, resulting from attempts to serve competing conceptions of a just outcome between causer and victim of injury

Overturning the Social Contract?

This short article examines the significance of Parliament’s overturn of a Supreme Court decision on the relationship between reparation and ACC entitlements

Westpac v Chahil: Sometimes Words Just Mean What They Say

This case note uses the decision of Westpac v Chahil to demonstate that the plain meaning of words can still prevail under the modern approach to contract interpretation

Not My Doctrine? Finding a Contract Law Explanation for Non Est Factum

Non est factum (Latin for "not my deed") is a common law doctrine that can allow the signer of a legal document to escape the usual legal consequences of their signature. In its early days, non est factum was available only to blind and illiterate persons who, without being careless, relied on another party's seriously flawed explanation of the document. Non est factum can void contracts, but I argue the general explanation for the doctrine is not a satisfactory explanation for why it applies to contracts. This article considers whether there is an explanation for non est factum that is consistent with contract law thinking. I argue that there is, and explain non est factum as an application of the objective principle set out in Smith v Hughes

Overturning the Social Contract?

This short article examines the significance of Parliament’s overturn of a Supreme Court decision on the relationship between reparation and ACC entitlements

Is an 'Outward Expression of Accord' Required for Rectification in New Zealand

This article considers recent authority regarding whether rectification of a contract in New Zealand requires an “outward expression of accord.” The article provides a brief history of rectification, before considering both the “outward expression of accord” and “no outward expression of accord” cases in New Zealand. The author concludes that the “no outward expression of accord” position acts as a more compelling authority and that it is better in principle

What is the Place of Corrective Justice in Criminal Justice?

This article examines the performance of corrective justice, traditionally associated with private law, through the sentence of reparation in the criminal justice proces