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"contributory" Definitions
  1. helping to cause something
  2. involving payments from the people who will benefit

970 Sentences With "contributory"

How to use contributory in a sentence? Find typical usage patterns (collocations)/phrases/context for "contributory" and check conjugation/comparative form for "contributory". Mastering all the usages of "contributory" from sentence examples published by news publications.

So it may be easier to merge contributory and non-contributory schemes into a single system, as France and Colombia have done.
Where people grew up was less contributory on the whole.
Workers with formal jobs are enrolled in contributory social-security systems.
Unfortunately, he seems wedded simply to expanding non-contributory pensions and other benefits.
The company cited weak markets in Russia and Brazil as a contributory factor.
I have $210,215 in it currently, and well as $211,245 in a contributory IRA.
And one of the contributory factors to that stigma is our language that we use.
Pilette's departure, after six years at Logitech, could also be a contributory factor, the trader said.
"Tastes and preferences are a contributory factor that is derailing the production of small grain," said Zishiri.
Bad habits and unhealthy environments are contributory factors to chronic illnesses such as cancer, diabetes and heart disease.
"The investigation team found human factors to be neither causal nor contributory to this event," the report says.
He has slashed the running costs of government while ramping up social spending, especially on non-contributory pensions.
He claimed a swathe of territory encompassing the Congo River and its many contributory streams as his personal property.
But in an update Friday, police said they "do not believe excess speed was a contributory factor in this collision."
A 2003 paper by John Hills said of the British system that What we have is in fact a very weak contributory principle: benefits mainly depend on the fact of having made contributions, but you can receive "contributory benefits" without having made contributions, and you can be ruled out of entitlement despite having made contributions.
I'm an introvert, so I find them exhausting, and am (presumably) less likely than an extrovert to meet interesting or contributory people.
In terms of sectors, the 4.9 percent slide in food production was the biggest single contributory factor to the overall decline, IBGE said.
The expectation was that two-thirds of the population would be covered by an expanded contributory scheme, says Alejandro Gaviria, the health minister.
"What you have now are companies that have real business models but the contributory margins aren't there, the underlying health isn't there," said Sacca.
In the subsequent inquiry Lord Woolf, a judge, identified overcrowding, overstretched and oppressive staff and grim conditions such as "slopping out" as contributory factors.
Governments, in turn, have launched a patchwork of non-contributory benefits for the mass of informals, undermining the point of enrolling in social security.
They will favor universal, contributory social insurance systems that benefit them and their families and reward work effort — programs like Social Security and Medicare.
High outflows were a contributory factor behind last year's depreciation of the yuan currency to an 13-1/2 year low against the dollar.
The lawsuit claims direct infringement of copyright, contributory infringement of copyright and violation of the Right of Publicity under California Common Law, among other things.
A major contributory factor to his survival is a very bright idea that is changing emergency healthcare for people living in low- and middle-income countries.
Strategies to address the contributory factors of pregnancy-related deaths should be addressed at the community, health facility, patient, provider, and system levels, the CDC advised.
Data connecting county lines to the surge are sketchy, but it seems to be a "contributory factor", says Rick Muir of the Police Foundation, a think-tank.
Not a lighthearted start this week: Shane Thomas asks if the rise of Matteo Salvini is a "contributory factor" to Italy's plague of racist abuse in stadiums.
The South Korean electronics firm blamed lower sales of premium devices and "expenses related to business structure improvement activities" as contributory factors to its mobile unit's Q3 results.
None of these genes are a direct cause of these complicated conditions, but they are contributory risk factors, so how did they survive selection for a thousand generations?
The Marshall Plan affirmed that free markets, basic human rights and food security were mutually reinforcing: good in and of themselves, and contributory to a just and lasting peace.
Further, the complainant alleged that MQMU performed an analysis of the case and found that the inadequate medical care provided by STFRC was a contributory factor resulting in harm.
Have a proper debate about health-care funding, make the welfare system more contributory, put more police officers on the beat, make a period of national service compulsory for youngsters.
The final draft also includes the word "non-contributory" in defining the kind of benefits that can be withheld — very few states other than Britain offer significant payments like that.
When contacted by Reuters, Airbus said the crash was the result of "multiple, different factors and contributory causes", but declined detailed comment about the investigators' findings because they are not public.
Slowing sales have been both a symptom and a contributory factor to the wider economic slowdown as consumers become more cautious about buying expensive items and automakers respond by cutting output.
"The gross misrepresentation was that language was used in there that was not used and also that the tone of that meeting was not contributory and not constructive," the Georgia Republican said. Sen.
"There was nothing nefarious or illegal about owning a firearm, and they presented in no way that that firearm was contributory to toward the use of deadly force here," Merritt told CNN affiliate KTVT.
On one level were the contributory social insurance programs that provided income support to the surviving dependents of workers in the event of their death or incapacitation and Social Security for retired older Americans.
In Britain, Lloyd George introduced the idea of contributory benefits and William Beveridge, the father of the Welfare State, said in 1942 that Upgrade your inbox and get our Daily Dispatch and Editor's Picks.
Cameron wants to discourage other Europeans coming to Britain by excluding them from the tax credits, child allowances and other non-contributory social benefits attached to low paid British jobs for at least four years.
The jury decided the tennis association will have to pay 75 percent of the damages owed to Bouchard but also found the tennis player bore contributory negligence, assessing her 25 percent of the total negligence, the newspaper reported.
"We think we can re-direct $15bn-17.5bn" to a universal non-contributory pension and a scheme to help 2.6m unemployed young people back into school or into jobs, says Gerardo Esquivel, who will be a deputy finance minister.
Mr Levy, who designed Mexico's conditional cash-transfer scheme aimed at reducing poverty, has long argued against erecting further non-contributory benefits in parallel with (rather than to replace) employment-based social insurance, because this discourages hiring salaried workers.
" The Guardian's Owen Jones writes that Damore is now a martyr of the alt-right and that the memo "offers an insight into the male backlash that was one contributory factor – among many – to the rise of Donald Trump.
Bad habits and unhealthy environments are contributory factors to chronic illnesses such as cancer, diabetes and heart disease, and eastern Europe is home to more smokers and more heavy drinkers according to the European Public Health Alliance (EPHA), an NGO.
"Under their argument, any service that advertises having high speeds is courting pirates and therefore a contributory/vicarious infringer, and thus immediately liable if it doesn't accept rightsholder allegations of infringement at face value and terminate subscribers when asked," Rose said.
Any further opening up to foreign firms should help redress an imbalance in investment flows, as worryingly high capital outflows have been a contributory factor behind the yuan's depreciation to an 8-1/2 year low against the dollar this year.
In the name of social inclusion, in the period under study, Mexico introduced non-contributory pension and health benefits worth 1.3% of GDP, thereby helping non-salaried workers, while raising income taxes on salaried ones to the tune of 1.9% of GDP.
A winning hand is to call for reforming the immigration agency: Give Dreamers — who were brought to the U.S. as young children and are contributory citizens — permanent status; restore a humane policy along the border, and seek a gradual pathway to citizenship for undocumented workers.
U.S. District Judge William Martini axed claims of direct infringement but allowed InvenTel Products, an "As Seen on TV" retailer based in Rockaway, New Jersey, to proceed with its claims of contributory infringement based on allegations that Google knowingly allowed an alleged counterfeiter to use its advertising and analytics services.
A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals affirmed rulings by U.S. District Judge Andre Birotte Jr in Los Angeles, who threw out Perfect 10's claims of direct, contributory and vicarious infringement in 2014 and later awarded Giganews and a second defendant $5.6 million in costs and attorneys' fees.
"It's important to appreciate that when you have a couple challenged with infertility, in about 40% to 5% of the time, we are able to attribute the male as the primary or contributory cause," said Dr. Natan Bar-Chama, director of the Center of Male Reproductive Health at RMA of New York and a board-certified urologist and male infertility specialist.
An informative House of Commons report into the issue quoted the Institute for Fiscal Studies The NI Fund is notionally used to finance contributory benefits, but in years when the Fund was not sufficient to finance benefits, it was topped up from general taxation revenues, and in years when contributions substantially exceed outlays (as they have every year since the mid-8003s), the Fund builds up a surplus, largely invested in gilts: the government is simply lending itself money.
Rob WittmanRobert (Rob) Joseph WittmanVirginia Port: Gateway to the economic growth Republican lawmakers ask Trump not to delay Pentagon cloud-computing contract Overnight Defense: Latest on House defense bill markup | Air Force One, low-yield nukes spark debate | House Dems introduce resolutions blocking Saudi arms sales | Trump to send 1,000 troops to Poland MORE (R-Va.), chairman of the Armed Services subcommittee on seapower and projection forces that is co-hosting the hearing, called Congress's budget fights a "contributory factor" to the issues the Navy is facing.
Benefits for unemployment are given out based on contributory and non- contributory schemes. Contributory schemes distribute unemployment benefits within 50 weeks of contribution. Non-contributory schemes a Social Unemployment Benefit is granted after a means test to the head of a household. In order to qualify for unemployment benefits, a person must be able to do work and have registered as unemployed.
Thus the presence of y does not imply the prior occurrence of x. ;Contributory causes: For some specific effect, in a singular case, a factor that is a contributory cause is one among several co-occurrent causes. It is implicit that all of them are contributory. For the specific effect, in general, there is no implication that a contributory cause is necessary, though it may be so.
Non- contributory means-tested pensions are targeted at low-income households and the disabled. Beneficiaries must not have been contributory members of the Social Security system during their working life. In 2000, beneficiaries of non-contributory pensions was 471,275 pesetas. In 2010 in order to qualify the beneficiary may not have a monthly or annual income equal to or greater than the non-contributory pension of €339.70 per month (€4,755 per annum).
The Irish state pension is designed to give a basic retirement income. There are two forms of State Pensions in Ireland: The Contributory State Pension and The Non-Contributory State pension.
The 'Subsidio de desempleo' is a non- contributory benefit targeted at those who no longer qualify for the contributory benefits due to duration of unemployment or lack of contributions and is means-dependent.
The contributory negligence defense is not available to a tortfeasor whose conduct rises above the level of ordinary negligence to intentional or malicious wrongdoing. The classic version of contributory negligence, where a plaintiff who is even 0.01% negligence is barred from recovery, nowadays is referred to as "pure contributory negligence."Little WBL. (2007). "It is Much Easier to Find Fault With Others, Than to be Faultless Ourselves": Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability .
These changes will not affect those currently on Non Contributory Pensions.
Contributory liability or contributory infringement has been widely defined as a form of liability on the part of someone who is not directly infringing but nevertheless is making contributions to the infringing acts of others. Material contributions to the act (or enabling thereof), as well as knowledge of the act itself, are key elements of contributory liability. Additionally, in the course of performing such material contributions, the parties know that they are materially infringing copyrighted content. Contributory liability is rooted in the tort theory of enterprise liability.
Unemployment benefits in Spain are contributory and non-contributory. They are part of social security system in Spain and are managed by the State Public Employment Service (SEPE). Employers and employees contribute to the unemployment contingency fund and if an unemployed person fulfills certain criteria they can claim an allowance which is based on the time they have contributed and their average wage. A non-contributory benefit is also available to those who no longer receive a contributory benefit dependent on a maximum level of income.
The Non-Contributory State Pension is for those over the age of 66 who are unable to qualify for a Contributory State Pension. To qualify for the Non-Contributory State Pension one must be a habitual resident of Ireland and pass means test. The means test evaluates a citizens cash income, capital (excluding their home), and income derived from personally used property.
In the United States, the pure contributory negligence only applies in Alabama, Maryland, North Carolina and Virginia. The District of Columbia largely follows the contributory negligence model, but with exceptions for motor vehicle accidents involving pedestrians and bicycles. Indiana applies pure contributory negligence to medical malpractice cases and tort claims against governmental entities. In the other 45 states in the U.S., plaintiff's recovery is simply diminished by the extent to which he or she contributed to the harm under principles of comparative negligence, with some states using a mixed model of comparative and contributory negligence.
Contributory were the quarrels between Christian denominations, and imprudent acts of foreign navigators.
Redefined limits of the three contributory boroughs were set in 1832 and 1885.
Mathematics Education, Science Education, Expressive Arts (with Music, Art & Design and Physical Education as contributory subjects), Education & Professional Studies (also houses Early Childhood Education), Technology Studies (with Industrial Arts and Home Economics as contributory subjects), Integrated Social Sciences, Literacy & Language Education.
Contributory negligence is based on carelessness whereas assumption of risk is based on venturousness.
Dawson interpreted the 1952 amendments to re-establish contributory infringement as a possible claim for relief and held that supplying an unpatented product especially adapted for use in practicing a patented process and without any substantial non-infringing use was unlawful contributory infringement.
Waite v North-Eastern Railway Co (1858) EB&E; 719 is an old English tort law case concerning negligence and contributory negligence in the pre-Donoghue v. Stevenson and pre-Law Reform (Contributory Negligence) Act 1945 era. It was heard initially in the Exchequer Chamber.
The main allowance paid to the unemployed is a contributory allowance known as 'prestación por desempleo'.
Microsoft sued several parties for contributory cybersquatting—that is, encouraging others (through software and instructional videos) to cybersquat on domain names that infringed on Microsoft's trademarks. Microsoft prevailed in court and also established a precedent that liabilities under the Anticybersquatting Consumer Protection Act (ACPA) include contributory trademark infringement.
Because proposed § 271 "incorporated a staple- nonstaple distinction in the definition of contributory infringement," Rich argued, the bill would "correct [the] situation left by Mercoid without giving sanction to practices such as those in the Carbice case."338 U.S. at 205-06. Rich spoke out similarly in the 1949 hearings, the majority noted. "To restore the doctrine of contributory infringement where it was most needed, Rich argued, it was essential to restrict pro tanto the judicially created doctrine of patent misuse": > [W]e are dealing with a problem which involves a conflict between two > doctrines, contributory infringement and misuse... [T]he only way you can > make contributory infringement operative again as a doctrine is to make some > exceptions to the misuse doctrine and say that certain acts shall not be > misuse... Contributory infringement has been destroyed by the misuse > doctrine...448 U.S. at 207-08.
The minimum benefit is 497 euros per month and the maximum is 1087.20 euros per month for a single person. The non-contributory allowance is available to those persons who are no longer entitled to the contributory pension and who do not have income above 75% of the national minimum wage.
In this way members enjoy a non-contributory period of four years and full coverage at the same time.
It is reasonable to adjust lifestyle habits, such as managing sleep, exercise, stress, and diet, should they be contributory.
Sony Corp. of America v. Universal City Studios, Inc. established the "substantial non-infringing use" test for contributory infringement.
Since contributory copyright infringement is a secondary liability and distinguishable from direct infringement, Visa could be indicted as a contributory infringer if it had knowledge of the infringing activity of the stolen-content websites, and if it induced or materially contributed to the infringement. The court found the defendants not liable for contributory copyright infringement, because payment processing services do not constitute material contribution to the direct infringement. This is the finding of the majority, although there is much dissent as to what constitutes material contribution.
The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the judge held that the plaintiff's own negligence undermined his argument that the defendant was the proximate cause of the injury. Whether contributory negligence is construed as negating proximate causation or as an affirmative defense, the effect is the same either way: the plaintiff's contributory negligence bars his or her recovery.
The court concluded that genuine issues of fact precluded summary judgment on contributory copyright infringement liability and Netcom's fair use defense (i.e., the court could not make a decision on contributory infringement and Netcom's fair use defense without trial because of factual disputes), and that RTC's claims of direct and vicarious infringement failed.
Contributory causes were determined to have been the incorrect assembly of the instruments static pipelines and the poor weather conditions.
This increased to 24% for fatal accidents, accounting for 25% of all road deaths." "Exceeding the speed limit" was reported as a contributory factor in 5% of collisions and 14% of fatal collisions. "Travelling too fast for conditions" (but within the prevailing speed limit) was recorded as one of the contributory factors in a further 8% of all collisions (and 9% of all fatal, 9% of all serious and 8% of all slight accidents),Department for Transport (2009), p. 45 "Exceeding the speed limit was reported as a contributory factor in 5% of all accidents.
This means that, like contributory expertise, interactional expertise cannot be acquired from books alone and it cannot be encoded in computerised expert systems. It is a specialised natural language and, as such; it can only be acquired by linguistic interaction with experts. The difference between interactional and contributory expertise is that, in the case of interactional expertise, the tacit knowledge pertains to the language of the domain but not its practice. In the case of contributory expertise, tacit knowledge relating to both the language and practice must be acquired.
Raising the pension eligibility age of pensions is a contentious issue, but a slim majority of 53% acknowledge the fiscal need to raise the eligibility age. More changes to the qualifications for the Contributory State Pension are expected to be rolled out in 2020. These changes are being implemented to shift more future pensioners over to Contributory State Pensions in an attempt to reduce the fiscal impact of the pension system. Currently 19% of pensioners are on Non-Contributory State Pensions and spending on these pensions makes up 16 % of the budget.
Ellis subsequently developed a similar process and became a competitor of B.B. Chemical, which sued for contributory infringement of the patent.
UK occupational pension schemes are typically jointly funded by the employer and the employees. These are called "contributory pension schemes" since the employee contributes. "Non contributory pension schemes" are where the employer funds the scheme with no contribution from the individual. Contributions are put into a separate trust, whose assets will be used to provide benefits in due course.
The Spanish unemployment benefits system is part of the Social security system of Spain. Benefits are managed by the State Public Employment Agency (SEPE). The basis for entitlement is having contributed for a minimum period during the time preceding unemployment, with further conditions that may be applicable. The system comprises contributory benefits and non-contributory benefits.
An example of nomic causation is that alarm clocks generally wake people in the morning. Aristotle recognises singular causality as efficient causality. For Whitehead, there are many contributory singular causes for an event. A further contributory singular cause of my being awoken by my alarm clock this morning was that I was lying asleep near it till it rang.
The state pension scheme is part of the Social Security system in Spain. There are two categories of pension in Spain: contributory and non-contributory. The pensions system is financed by a payroll tax on salaries. The employee pays 4.7% of his/her salary while employers must pay the equivalent of 23.6% of an employee's salary into the scheme.
Dewey's second understanding of value is based on a contributory conditionality, meaning the object is only of value when combined with others.
Nelson v BBC (No 2) [1980] ICR 110 is a UK labour law case, concerning unfair dismissal and the role of contributory fault.
The Covenant does not restrict the form of the scheme, and both contributory and non- contributory schemes are permissible (as are community-based and mutual schemes).CESCR Draft General Comment 19, paragraph 5. The Committee on Economic, Social and Cultural Rights has noted persistent problems with the implementation of this right, with very low levels of access.CESCR Draft General Comment 19, paragraph 7.
It also featured several contributory sketches from Nuala Kelly,"Details for Nuala Kelly" . Reactors Agency. Accessed 1 February 2009. Joe Taylor, and Orla McGovern.
The red chevron represents the Maelor's separation from the rest of the county and the black crosses symbolise the Maelor's contributory parishes and townships.
The Court traced the doctrines of contributory infringement and patent misuse back respectively to Wallace v. Holmes,29 F. Cas. 74 (No. 17,100) (C.
Staff have a contributory pension with tiered employee contribution rates starting at a 5% rate increasing in 7 steps to 14.5% on income above £111,337.
There are about 35 robots that are playable on ISC. On the server, which is hosted in the US, the list of bots is accessed using "who C". Contributory members have priority over non-contributory members when requesting to play against these robots. The bots have different skill levels. Bamse, Adela, and Myrrhs are novices; Keres, Automat, and Dogberry are intermediates; Waxberry, Alehin, and Woland are experts.
"For contributory trademark infringement liability…, a service provider must have more than a general knowledge or reason to know that its service is being used to sell counterfeit goods." Here, Tiffany did not identify specific cases of infringement to eBay; and when NOCIs did identify specific sellers, eBay suspended them. Therefore, eBay was not liable for contributory trademark infringement. Knowledge Or Reason To Know.
In the contemporary Holiness movement, the idea that holiness is relational is growing. In this thought, the core notion of holiness is love. Other notions of holiness, such as purity, being set apart, perfection, keeping rules, and total commitment, are seen as contributory notions of holiness. These contributory notions find their ultimate legitimacy when love is at their core (Thomas Jay Oord and Michael Lodahl).
Under the Laws in Wales Acts 1535 and 1542, most Welsh shire towns returned one MP, including Cardiff as the shire town of Glamorgan; however, other ancient boroughs in the shire contributed to the expense of the borough MP and in return gained a share in the vote. In the case of Cardiff, the relevant "contributory boroughs" were Llantrisant and Cowbridge, and until 1832 also Swansea, Loughor, Neath, Aberavon, and Kenfig. Elections were often held at Bridgend, which was not a contributory borough but was conveniently central in Glamorgan. The Reform Act 1832 separated the contributory boroughs other than Llantrisant and Cowbridge into the new Swansea District of Boroughs.
Contributory infringement can be established if the defendant has knowledge of the infringing activity and induces, causes or materially contributes to the infringing conduct of another.
In 2001, she was a contributory author to the publication THIS IS WHAT WE DO: A Muf Manual and authored the essay "Premature Gratification and Other Pleasures".
Under the Lanham Act, an owner of a trademark is permitted to sue anyone who uses a mark that is identical or confusingly similar to the trademark owner's mark or who otherwise makes deceptive claims of origin.Cross, supra, at 103–04. The Lanham Act does not explicitly provide a cause of action for contributory infringement.Liability as Vicarious or Contributory Infringer under Lanham Act -- Modern Cases, 152 A.L.R. Fed.
The text is structured around the following points: #The primary cause: buddha nature. #The support: precious human opportunity. #The contributory cause: the spiritual teacher. #The methods of practice.
A UN pension is payable to a participant whose age on separation is the normal retirement age or more and whose contributory service was five years or longer.
Other potential contributory factors including genetic factors, environmental exposures to infections and drugs as well as the phenomenon of epitope spreading are also known to cause bullous pemphigoid.
The Beveridge Report of 1942 proposed a system of contributory benefits which would leave only a residual role for means-tested benefits which were then called National Assistance.
After the ruling in A&M; Records, Inc. v. Napster, Inc., which held Napster liable for contributory infringement by its users,A & M Records, Inc. v. Napster, Inc.
Obsolete on-board systems, absence of suitable simulators for adverse weather conditions, failure to follow standard operating procedures, and inadequate crew resource management were cited as contributory factors.
For example, if the plaintiff was 50% negligent in causing his or her own accident, but would otherwise be entitled to $100,000 in damages, a court will award only $50,000. A court is also permitted find that 100% contributory negligence is applicable in which case the plaintiff is not entitled to any damages.Civil Liability Act 2002 (NSW), section 5S However, a finding of 100% contributory negligence has never been upheld by an appeal court in Australia and the provision of the Civil Liability Act has received been identified by some judges and academics as a strange provision. Determining the extent of the contributory negligence is subjective and heavily dependent on the evidence available.
In general, a factor that is a contributory cause is not sufficient, because it is by definition accompanied by other causes, which would not count as causes if it were sufficient. For the specific effect, a factor that is on some occasions a contributory cause might on some other occasions be sufficient, but on those other occasions it would not be merely contributory. J. L. Mackie argues that usual talk of "cause" in fact refers to INUS conditions (insufficient but non-redundant parts of a condition which is itself unnecessary but sufficient for the occurrence of the effect). An example is a short circuit as a cause for a house burning down.
Bowls Australia claimed that poor form had also been a contributory factor. As of 2012, he only plays occasionally to focus on his off-field role as a coach.
The report by forensic pathologist Charles Lee, of Vancouver General Hospital, listed the principal cause of death as "sudden death during restraint", with a contributory factor of "chronic alcoholism".
This gave the British working classes the first contributory system of insurance against illness and unemployment.The Cabinet Papers 1915-1982: National Health Insurance Act 1911. The National Archives, 2013.
Section 8 of the Automatic Coupler Act having exonerated the employee from assumption of risk under specified conditions, the employee's rights in that regard should not be sacrificed by charging him with assumption of risk under another name, for example, with contributory negligence. In this case, the so-called contributory negligence of the deceased employee was so involved with and dependent upon erroneous views of the statute that the judgment complained of must be reversed.
The Social Welfare and Pensions Act of 2011 made changes to the qualifications needed for both the Contributory and Non-Contributory State Pensions. The act rose the qualifying age from 66 in a stepwise manner. Those born after 1 January 1955, but before 1 January 1961 are now are eligible to collect their state pension at 67. All those born after 1 January 1961 will be eligible to collect their pensions at 68.
Since the articulated buses were tending to serve areas of relative deprivation it is suspected that this was a contributory factor in Transport for London (TfL) turning against the concept.
Napster, Inc.) on grounds of contributory and vicarious copyright infringement under the US Digital Millennium Copyright Act (DMCA).17 U.S.C. A&M; Records. Inc. v. Napster. Inc. 114 F. Supp.
In December 1933 she was admitted to New York's Bellevue Hospital with pneumonia and died on New Year's Eve of coronary thrombosis with arteriosclerosis as a contributory factor.Duus 2004, 144.
Also at Fort George G. Meade, the 742nd conducts contributory analysis and reporting through the Army Technical Control and Analysis Element, carries out information operations and supports satellite communications systems.
The shop was added to the National Register of Historic Places on October 6, 1970, and was listed as a contributory property for the Norwichtown Historic District on January 17, 1973.
The issue of non-Ndebele Teachers teaching at Primary Schools, predominately Lupane being a Ndebele speaking region has been a subject of discussion by scholars citing contributory factor to poor performance.
Rohm & Haas Co., 448 U.S. 176, 200 (1980): "Certain segments of the patent bar eventually decided to ask Congress for corrective legislation that would restore some scope to the contributory infringement doctrine. With great perseverance, they advanced their proposal in three successive Congresses before it eventually was enacted in 1952...." by enacting sections 271(c) and (d) of the patent code in 1952.35 U.S.C. § 271(c)–(d). Those provisions rolled back to some extent the law on contributory infringement and tie-ins. Subsection (c) defined unlawful contributory infringement as the knowing sale of a non-staple product that is a material part of the invention and is specially adapted for the infringement of the patent—essentially, products without any use except infringement.
In Australia, civil liability is governed by the Australian common law and the relevant statutes of the States and Territories. Most jurisdictions have enacted legislation that covers findings of non- absolute contributory negligence otherwise known as comparative negligence. In New South Wales, upon a finding by the court of contributory negligence, the award of damages is reduced by the same percentage as the plaintiff's own negligence.Civil Liability Act 2002 (NSW), Part 1A, Division 8, see also (1)(b).
In England and Wales, it is not possible to defeat a claim under contributory negligence and therefore completely deny the victim compensation. It does however allow for a reduction in damages recoverable to the extent that the court sees fit.. "Law Reform (Contributory Negligence) Act 1945". In England and Wales, it is not a defense to the tort of conversion or trespass to chattels. In the United States, it is not a defense to any intentional tort.
The contributory retirement pension (Pension por Jubilacion Ordinaria) represents the main source of retirement income for approximately 8.75 million pensioners in Spain. In 2010 the average pension was 906 euros per month. Contributory retirement pensions in Spain are the second highest (as % of final salary) in Europe after Greece and amount to approximately 81% of final salary levels. While the social security system collected 80Bn€ in contributions in 2010 it paid out 82 Bn€ in pensions.
Columbia Artists Mgmt.: “one who, with knowledge of the infringing activity, induces, causes, or materially contributes … may be held liable as a contributory infringer.”Gershwin Publ’g Corp. v. Columbia Artists Mgmt., 443 F. 2d 1159 (2d Cir. 1971). Not long after the passage of the 1976 Copyright Act, the scope of contributory infringement liability was tested in a case in which the copyright owners claimed that the sale of a recording device – the VCR - illegally contributed to infringement.
As to trademarks, in the absence of statutory guidance, courts have extended both types of secondary liability (vicarious and contributory) to third parties, including in some circumstances ISPs. Here, too, the question whether ISPs will be held liable for the acts of their infringing customers will depend on the degree of the ISP's knowledge and involvement in the specific infringing activity.See Jane Coleman, Secondary Trademark Infringement: A Short Treatise on Contributory and Vicarious Infringement in Trademark (Revised, Sept. 2010).
Some sources put the HIV prevalence amongst sex workers as high as 70%. Reluctance to use condoms, lack of sexual health education and limited access to healthcare are cited as contributory factors.
It operates what it calls a 'hybrid' publishing model, claiming to offer some 'traditional' contracts to prospective authors as well as 'contributory' contracts, in which the author pays the cost of publication.
Old Age Security should not be confused with the Canada Pension Plan, which is a contributory, earnings-related pension paid in addition to the OAS to those who have contributed to it.
The significant components of Hamilton Post Office include the main 1876 postal building and the clock tower of 1890. The weatherboard gabled-ended outbuilding from the interwar period is of contributory significance.
Martin v. Herzog demonstrates the following principles of tort law: 1\. Violation of a statute is negligence per se. 2\. Under the doctrine of contributory negligence, the plaintiff's negligence is a complete defense.
Its consequences exacerbated rifts between the court's Beaufort faction and the dukes of Gloucester and York, and has been considered a potentially contributory factor to the outbreak of the Wars of the Roses.
Christians have also fled China, especially in response to waves of religious persecution has been a contributory factors in emigration from China since it is a communist state, and its declared state atheism.
Properties have levels of forcefulness: normative, informative, contributory, or provisional. For simplicity of specification, a character property can be assigned by specifying a continuous range of code points that have the same property.
The Pension Program for the Elderly (PPE) is a safety net, noncontributory pension program administered by the federal Ministry of Social Development (SEDESOL) in Mexico. The program aims to expand the schemes of universal social security, by providing financial support and social protection to people 65 or older who a) do not benefit from retirement or contributory pension plans or b) receive income from retirement plans or contributory pension programs that does not exceed a certain amount determined by SEDESOL.
Indian Courts recognise the concept of contributory negligence. Contributory negligence means the failure by a person to use reasonable care for the safety of either of himself or his property, so that he becomes blameworthy in part as an "author of his own wrong".Pramodkumar Rasikbhai Jhaveri v Karmasey Tak and Ors. [2002] S.C. 5436, as per Balakrishnan J. In the absence of reasonable care on the part of the claimant, courts are likely to reduce the liability of the injurer.
Some states, though, still use the contributory negligence doctrine to evaluate negligence in a tort. For instance, Alabama, Maryland, North Carolina, and Virginia continue to use contributory negligence. Neither comparative negligence nor contributory negligence should be confused with joint and several liability, which generally holds each of two or more culpable defendants responsible for all the damages sustained by a plaintiff. For practical reasons, a plaintiff who faces the defense of comparative negligence may wish to join all potentially culpable defendants in his action since the plaintiff's negligence will be balanced against the combined negligence of all defendants in apportioning damages even if the plaintiff may not be able actually to get compensation from some of them: for example, if an insolvent individual and a major corporation were both negligent in causing plaintiff's harm.
In 1952, Congress added provisions to the Patent Act explicitly exempting from patent misuse merely charging royalties, licensing, and suing to enforce patents against contributory infringement. These provisions are in 35 U.S.C. § 271(d).
Dillwyn's slashed majority demonstrated that the now marginal political status locally, heightened by the Swansea Town seat excluding most of the overwhelmingly working-class suburbs and contributory boroughs. In 1886, he increased his majority.
An infection in her left buttock was also a contributory factor. After reviewing evidence in collaboration with legal authorities, he judged the death "accidental" and not suicide or homicide, or death by natural causes.
Similarly, codification in the law of tort has been at best piecemeal, a rare example of progress being the Law Reform (Contributory Negligence) Act 1945. Consolidation bills are routinely passed to organize the law.
A set of seven values from $1.30 to $10 was issued in 1980 for Contributory Pensions Insurance. The $1.30 and $5 were surcharged in around 1984 with the new values of $1.10 and $8 respectively.
Christians have also fled North Korea, especially in response to waves of religious persecution has been a contributory factors in emigration from North Korea since it is a communist state, and its declared state atheism.
An investigation into the crash found the cause to be pilot error. Failure to receive the outer marker beacon signal (probably due to a fault that had developed in the receiver) was a contributory factor.
Inexperience and lack of competence are the commonest root causes of diving fatalities. Inattention and negligence are known to be common contributory factors in diving accidents, and have been the root cause of some accidents.
While the precise etiology is unknown, it has been speculated that chronic venous congestion caused by obstruction of the retinal veins as they cross retinal arteries at the horizontal raphe may be a contributory factor.
The defendant company argued that (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was "ungracious" and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor's contributory negligence could only be recognised if he showed "a wholly unreasonable disregard for his own safety".
The US protested that this act was illegal under international law,Caffery, pp. 56–58 and this act was a contributory factor to the enmity between the US and Britain which caused the War of 1812.
Thus, the Court was led to assume that sale of the blanks by an unlicensed manufacturer to an unlicensed finisher, who created the patented lenses by grounding and polishing the lenses, would be a contributory infringer.
This music was exotic, but still accessible for the masses. Another contributory factor for success was the tradition of playing without scores. This further popularized the Romani musicians since they learned and play music by ear.
In April 2014, the West Somerset coroner concluded that the accident was caused by dense fog, and that smoke from fireworks may have been a contributory factor, but was not the prime cause of the incident.
One additional contributory mechanism for the decline in the ovarian reserve with age appears to be a decreased gene expression of proteins involved in DNA repair by homologous recombination such as BRCA1, MRE11, Rad51 and ATM.
Nordstrom:122 In 2009, the pishtaco legend was cited as a possible contributory factor in the apparent fabrication of a story by Peruvian police of a gang murdering up to 60 people to harvest their fat.
Hard Rock Cafe Licensing Corp. v. Concession Services, Inc., 955 F.2d 1143 (7th Cir. 1992), is a case from the Seventh Circuit Court of Appeals, which extended contributory liability to the context of flea market operators.
He held that across all contexts, goodness is best understood as instrumental value, with no contrasting intrinsic goodness. In other words, Dewey claimed that anything can only be of intrinsic value if it is a contributory good.
It also applied the "substantial noninfringing uses" test from Sony Corp. of America v. Universal City Studios, Inc. to hold that Quaid's software, which defeated Vault's copy protection mechanism, did not make Quaid liable for contributory infringement.
2d 896 (N. D. Cal. 2000). Napster was faced with the following allegations from the music industry: # That its users were directly violating the plaintiffs' copyrights. # That Napster was responsible for contributory infringement of the plaintiffs' copyrights.
In the US, the Audio Home Recording Act became effective law in October 1992. The law enabled the release of recordable digital formats such as Sony and Philips' Digital Audio Tape without fear of contributory infringement lawsuits.
The 1911 National Insurance Act gave the British working classes the first contributory system of insurance against illness and unemployment.The Cabinet Papers 1915–1982: National Health Insurance Act 1911. The National Archives, 2013. Retrieved 30 June 2013.
Just and equitable winding up is usually unrelated to the solvency of the company. A petition to the court for the winding up of a company may be presented by the company itself, or by any creditor or creditors (including any contingent or prospective creditor or creditors), contributory or contributories or the trustee in bankruptcy or the personal representative of a contributory.Companies (Winding Up and Miscellaneous Provisions) Ordinance, s.179(1). For these purposes a contributory broadly means a shareholder or other type of member of the company.
At the convention he worked to defeat propositions that were "designed to prevent judges from enjoining labor interests involved in disputes with employers."Rebecca White Berch, A History of the Arizona Courts, 3 Phoenix L. Rev. 11, 17 (2010) Cunningham, along with Albert Baker and Alfred Franklin, have been called the "fathers of article XVIII, section 5," of Arizona's Constitution, which provides that juries will determine matters of contributory negligence.Noel Fidel, Preeminently A Political Institution: The Right of Arizona Juries to Nullify the Law of Contributory Negligence, 23 Ariz.
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury.
The last clear chance doctrine of tort law, is applicable to negligence cases in jurisdictions that apply rules of contributory negligence in lieu of comparative negligence. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the jurisdiction adopting the doctrine, the underlying idea is to mitigate the harshness of the contributory negligence rule. Conversely, a defendant can also use this doctrine as a defense.
Among the latter group, some courts held > that even the filing of an action for contributory infringement, by > threatening to deter competition in unpatented materials, could supply > evidence of patent misuse.448 U.S. at 199-200. This consternation led to lobbying efforts before Congress: > Certain segments of the patent bar eventually decided to ask Congress for > corrective legislation that would restore some scope to the contributory > infringement doctrine. With great perseverance, they advanced their proposal > in three successive Congresses before it eventually was enacted in 1952.448 > U.S. at 200.
But the doctrine has encountered difficulties because of "concern for potential anticompetitive tendencies inherent in actions for contributory infringement." Thus, the "judicial history of contributory infringement thus may be said to be marked by a period of ascendancy, in which the doctrine was expanded to the point where it became subject to abuse, followed by a somewhat longer period of decline, in which the concept of patent misuse was developed as an increasingly stringent antidote to the perceived excesses of the earlier period." An example of ascendency was the decision in Leeds & Catlin Co. v.
Because contributory infringement cannot exist without underlying direct infringement, and the car owners had a right to keep their cars in good repair, there was no direct infringement and thus no contributory infringement. In so ruling, the Aro Court had quoted passages in Mercoid that said no part of a patented combination, such as the unpatented fabric top of the convertible top combination. was essential or the heart or gist of the invention and therefore separately protectable. The Dawson majority said this ruling was not inconsistent with its interpretation of § 271(d).
In particular, the brief urged the court to preserve the "Sony Betamax" doctrine developed in Sony Corp. of America v. Universal City Studios, Inc., which protects developers of technologies capable of substantial noninfringing uses from contributory infringement liability.
Contributory liability holds the third party liable for the primary act based on the third party's relationship with the actual harm - either by enabling or by benefiting from it. As the court stated in Gershwin Publ’g Corp. v.
"Of particular import to the present controversy are subsections (c) and (d). The former defines conduct that constitutes contributory infringement; the latter specifies conduct of the patentee that is not to be deemed misuse." 448 U.S. at 181.
The beck is defined as a flood risk due to the topography and geology of Whitehaven just to the north of where the stream rises. Surface water runoff and sewer water are potential contributory risks in flooding events.
Vian 1960, pp. 24–28 This was a violation of the international law and of Norwegian neutrality.Haarr, p. 385 There were protests and the incident is sometimes given as a contributory factor towards the German invasion later that year.
The name "Weiberbrunn" is derived from the Weibersbach, a contributory of the Hafenlohr. It rises at the western end of the village. The Middle High German Brunn refers to a well or spring. Weibers probably derives from the proper name "Wibert".
This can greatly increase the investment risk of the fund by increased volatility and exposure to increased capital risk. Gearing was a major contributory factor in the collapse of the split capital investment trust debacle in the UK in 2002.
The school celebrates significant days and festivals. Fort Convent is a contributory school for Bombay Teacher's Training College. The college maintains linkages with schools in Mumbai, where Practice Teaching is conducted. The Sisters participate in the pastoral activities of the Parish.
A finding in those states that a defendant's conduct was "wanton," "reckless" or "despicable", rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.
Yellow Cab Co. (1975)Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975). that abolished the "contributory negligence" rule and replaced it with the "comparative negligence" rule, making it easier for injured people to collect compensation.
Drugs were not listed as a contributory factor, even though Took's death is often listed as a "drugs misadventure". He was buried in Kensal Green Cemetery (Square 103, in the north-west quadrant of the infilled path around the Inner Circle).
Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975), commonly referred to simply as Li, is a California Supreme Court case that judicially embraced comparative negligence in California tort law and rejected strict contributory negligence.
Strikes by oil workers in the same year blocked plans for lay- offs and forces the government to institute a non-contributory pension scheme instead.Hindley, Donald. The Communist Party of Indonesia, 1951-1963. Berkeley: University of California Press, 1964. p.
With this in mind, I wish to make explicit my > protest against talking about the judicial doctrine of "contributory > infringement" as though it were entitled to the same respect as a > universally recognized moral truth.320 U.S. at 673-74.
The main difference is that the purpose of this system is to grant additional financial resources to those, who did not or could not secure themselves income high enough from the contributory second pillar of pension scheme, and therefore grants them minimum base income when they retire. The voluntary third pillar is not accounted for in this case. This system was first developed in Sweden in 1913. In addition, some countries, like Norway or Finland, have introduced s so caller "taper" which grants pensioners some additional non-contributory income, even if they already earn the minimum pension.
Instead, Dewey sees the appearance of intrinsic value as an illusory product of our continuous valuative activity as purposive beings. In addition to denying categorically that there is anything like intrinsic value, Dewey held the same position with regard to moral values - for Dewey, moral values are also based on a learning process, and are never intrinsic or absolute. Another contribution of pragmatism to value theory is the idea of contributory goods with a contributory conditionality. These have the same qualities as the good thing, but need some emergent property of a whole state-of-affairs in order to be good.
There are several defences in England and Wales to a claim under Rylands v Fletcher; act of an unknown third party, contributory negligence, consent and statutory authority. An act of an unknown third party will absolve the defendant of liability, as in Perry v Kendricks Transport Ltd. In Northwestern Utilities Ltd v London Guarantee and Accident Co Ltd,[1936] AC 108 the principle was established that if a claimant knows of the unknown third party and their actions, the defendant is additionally likely to be able to deny liability. As Rylands requires strict liability, any contributory negligence voids most of the claim.
Second, the district court decided that Netgear did not contribute to the infringement. To prove the contributory infringement by Netgear, plaintiff submitted the notice letters sent by Via Licensing pool to Netgear as evidence that Netgear had recognized that it infringed the 952 patent. However, the district court held "the notice letters sent by Philips prior to the instant suit were not sufficient to establish the knowledge and intent elements of contributory and induced infringement". In addition, the district court stated the initial notice of patent infringement was not sufficient to establish Netgear's knowledge of infringtement.
In one case, involving the Cross patent, the court of appeals reversed the rulings as to laches and contributory infringement. It held that Mercoid's conduct in making and selling a device that had no use except in practicing the Cross patent, and providing instructions on how to use the device to carry out the invention, was contributory infringement.133 F.2d at 808-09 (7th Cir. 1942). By the same token, the court said, "We see nothing here that would violate the antitrust laws or that would constitute unfair competition," and it reversed the district court's ruling.
He died from general carcinomatosis (carcinosis), having suffered for 6 months. The contributory illness being advanced chronic myocarditis which he suffered for 4 years. He died on November 26, 1932 at 6am. He buried November 28, 1932 in the B'nai Israel Cemetery.
His comparisons of social and behavioural characteristics of westerners and Indians, laced with his inimitable wit, was the punchline of this hugely popular series. A short snippet or contributory joke sent in by the readers was usually the last passage of the column.
Only two plaintiffs ever prevailed, and both of those decisions were reversed on appeal.25 A.L.R.6th 435 As scientific evidence mounted in the 1980s, tobacco companies claimed contributory negligence as they asserted adverse health effects were previously unknown or lacked substantial credibility.
A member state should be able to refuse social assistance to economically inactive citizens. Domestic law can exclude migrants from ‘special non-contributory cash benefits’ although they are granted to nationals of the host member state who are in the same situation.
The mean annual temperature is 8.3 °C (47 °F). The average annual total rainfall is , although fell in the 24-hour period preceding 10 a.m. on 16 August 1952, which was one of the contributory factors leading to the flooding in Lynmouth.
Further reports confirmed this link in the 1980s and concluded in 1986 that passive smoking was also harmful. As scientific evidence mounted in the 1980s, tobacco companies claimed contributory negligence as the adverse health effects were previously unknown or lacked substantial credibility.
Many countries have also put in place a "social pension". These are regular, tax-funded non- contributory cash transfers paid to older people. Over 80 countries have social pensions. Some are universal benefits, given to all older people regardless of income, assets or employment record.
The AAIB also identified as contributory factor that the radar altimeter and the steerable landing light were both unpowered following the engine flame-out, leading to a loss of height information and reduced visual cues during the autorotation manoeuvre. Seven safety recommendations were made.
Goodbee Community. Northwest of Goodbee is the start of P-Kaw-Shun Creek, the major contributory to Sims Creek. The stream flows in a generally southwestward direction to join the Tangipahoa River south of Robert in Tangipahoa Parish.See map information in the Sims Creek article.
Expenditure on healthcare at that time amounted to 91 kopeks per head of population. There were ten factories in Moscow with their own small hospital in 1903 and 274 had medical personnel on their site. From 1912 legislation encouraged the establishment of contributory hospital schemes.
Thus, the ionized methane reacts with the mineral surfaces and bonds to them.Saltation may be contributory in the depletion of methane on Mars. Per Nørnberg, Jan Thøgersen, Ebbe Nordskov Bak, Kai Finster, Hans Jørgen Jacobsen, and Svend J. Knak Jensen. Geophysical Research Abstracts. Vol.
You cannot get this together with any other Contributory Benefit or Jobseeker's Allowance. It counts in full as income for Income Support or Housing Benefit, but it is ignored for Tax Credits. If you cannot get Maternity Allowance you might get Employment and Support Allowance.
In 1928, Burrus died on a streetcar at Nashville, Davidson County, Tennessee. The certificate of death listed the cause as chronic myocarditis and contributory factor as old age. His occupation at the time of death was druggist and he was single.Tennessee Death Records, 1914–1955.
Practitioners can apply the Lepage test using the pLepage function of the contributory package NSM3, built under R software. Andreas Schulz and Markus Neuhäuser also provided detailed R code for computation of test statistic and p-value of the Lepage test for the users.
Inwood Laboratories Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982), is a United States Supreme Court case, in which the Court confirmed the application of and set out a test for contributory trademark liability under § 32 of the Lanham Act (15 U.S.C. § 1114).. .
The social safety net (SSN) consists of non-contributory assistance existing to improve lives of vulnerable families and individuals experiencing poverty and destitution. Examples of SSNs are non-contributory social pensions, in- kind and food transfers, conditional and unconditional cash transfers, fee waivers, public works, and school feeding programs. The core idea of SSN can be understood as an analogy to a circus artist walking on a tightrope with a net hanging under it, ready to catch the artist if she falls. It is not helping her to get up on the line again, but prevents her from falling to the ground, avoiding potentially life-threatening damages.
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages.
Judge Richard J. Sullivan wrote that "ReDigi has vicariously infringed" on copyrights and found ReDigi guilty of direct contributory infringement. The 2nd Circuit Court of Appeals heard ReDigi's appeal on August 22, 2017. The Library association and Twenty-Four significant, University Law Professors, back ReDigi at appeal.
Elm Court was constructed in c.1880 as a coach building and harness making establishment with a residence on the second floor. The business, during its operation, added substantially to the economy of Albury. Currently it is a contributory item to the historic character of Albury.
Some commentary approved the Aro decision as providing more certainty and better balance of the public's and original equipment manufacturers' interests. Other commentators disapproved of the decision's "short shrift" for the contributory infringement claims of manufacturers to the exclusive right to sell repair parts for their products.
Cracking at the grain boundaries is accelerated in the presence of lead. The presence of bismuth is also suspected to be contributory. Alloy composition has also been found to be a factor. Alloy 6061 has shown good resistance to SLC, as have alloys 5283 and 7060.
Campbell Law Review. Some states have adopted a "modified" or "mixed" version of contributory negligence where the plaintiff is only barred from recovery if he or she was more than a certain percentage at fault (typically, more than 50% at fault for his or her own injury).
Another analysis of 76 accidents found that it was a contributory factor in 42% of cases. Projects often suffer cost overruns and delays due to the planning fallacy and related factors including excessive optimism, an unwillingness to admit failure, groupthink and aversion to loss of sunk costs.
Justice Blackmun began by describing the case and its importance: > [This case] presents an important question of statutory interpretation > arising under the patent laws. The issue before us is whether the owner of a > patent on a chemical process is guilty of patent misuse, and therefore is > barred from seeking relief against contributory infringement of its patent > rights, if it exploits the patent only in conjunction with the sale of an > unpatented article that constitutes a material part of the invention and is > not suited for commercial use outside the scope of the patent claims. The > answer will determine whether respondent, the owner of a process patent on a > chemical herbicide, may maintain an action for contributory infringement > against other manufacturers of the chemical used in the process. To resolve > this issue, we must construe the various provisions of 35 U.S.C. § 271, > which Congress enacted in 1952 to codify certain aspects of the doctrines of > contributory infringement and patent misuse that previously had been > developed by the judiciary.
Zahir was victorious in the many conflicts he had with his sons, but their frequent dissent weakened his rule and played a contributory role to his downfall in 1775.Joudah, 1987, p. 55. Prior to his sons' individual rebellions, Zahir had eliminated other relatives who challenged his power.
Based on this study, the Food and Drug Administration approved ibrutinib for use in WM in 2015. There are different treatment flowcharts: Treon and mSMART. WM patients are at higher risk of developing second cancers than the general population, but it is not yet clear whether treatments are contributory.
They suggested that their inability to monitor the activities of users meant that they could not be contributing to copyright infringement by the users. The court held that this was willful blindness on the defendant’s part and would not constitute a defense to a claim of contributory infringement.
In human anatomy, the anterior spinal artery is the artery that supplies the anterior portion of the spinal cord. It arises from branches of the vertebral arteries and courses along the anterior aspect of the spinal cord. It is reinforced by several contributory arteries, especially the artery of Adamkiewicz.
An investigation found that the cause of the accident was that the co-pilot's aileron controls had jammed due to a chain slipping off its sprocket. The difficulty of setting and inspecting the chains in the dual control columns was cited as a contributory factor in the accident.
An example of singular causation is that I woke this morning because my alarm clock rang. An example of nomic causation is that alarm clocks generally wake people in the morning. Aristotle recognizes singular causality as efficient causality. For Whitehead, there are many contributory singular causes for an event.
Warren Welliver was judge on the Supreme Court of Missouri from 1979 until 1989. As a judge, he established Comparative Negligence as a defense in civil tort lawsuits, overruling the older Contributory Negligence standard.Allison Retka, "Ex-Missouri Supreme Court judge Warren Welliver dies at 87." Kansas City Daily Record.
In September 1940, Mid-Continent sued Mercoid in Chicago federal district court for contributory infringement of the Cross patent. Mercoid, Mid-Continent, and Honeywell did not make heating systems; they sold thermostatic switches and related products. On Mercoid's motion, the court made Honeywell an involuntary co-plaintiff.Mid-Continent Inv.
The court reversed the grant of nonsuit, holding that the decedent had not assumed the risk. The court held, as preliminary matters that the railway car was in the course of interstate transportation, and it was a car within the contemplation of § 2 of the Act. Thus, under § 8 of the act, the decedent could not be deemed to have assumed the risk of the injury or death. The court noted that to the extent the state court alternatively indicated that, even if assumption of risk did not apply, the decedent was guilty of contributory negligence, such statement ran afoul of the Act because the state court was merely substituting contributory negligence for assumption of risk.
The Court ruled (4-3) that Henry's conduct was contributory infringement, in a decision written by Justice Lurton, joined by Justices McKenna, Holmes, and Van Devanter. Chief Justice Edward White, joined by Justices Hughes and Lamar, dissented. (Two justices were unavailable: Justice Harlan had died and Justice Day was absent.).
The subsequent investigation found that the crash resulted from a loss of engine power caused by ice formation in the carburettor intakes attributable to the captain's failure to make use of the heat controls. The extended undercarriage and the presence of snow on the wings may have also been contributory factors.
Perfect 10 appealed the district court's decision, maintaining that Defendants were guilty of contributory copyright infringement and vicarious copyright infringement. Direct infringement under the Copyright Act, 17 U.S.C. § 101 would apply only to the stolen-content websites. In helping these websites process payments, however, the defendants were allegedly contributing to infringement.
The social security scheme is contributory, with 2.5% of contributions coming from the employer, 1.5% by the employee, and a capital investment by the government. On 31 August 2012, the Pyidaungsu Hluttaw enacted the Social Security Law of 2012, which introduced benefit systems for invalids, the elderly, survivors and unemployed individuals.
The Victorian era was a time of unprecedented population growth in Britain. The population rose from 13.9 million in 1831 to 32.5 million in 1901. Two major contributory factors were fertility rates and mortality rates. Britain was the first country to undergo the demographic transition and the Agricultural and Industrial Revolutions.
In addition, Tiffany also claimed the contributory trademark dilution of eBay. The Court concluded that, however, Tiffany failed to prove that eBay was liable for trademark dilution and that even if that eBay could be liable for dilution, eBay's use of the Tiffany marks was a protected, nominative fair use.
Weeks and Holmes also identified that there could be damage without legal remedy based on some doctrines that limited liability. Contributory negligence, for example, could deprive a plaintiff of a legal remedy against a negligent defendant.Singer, J. The Legal Rights Debate in Analytical Jurisprudence from Bentham to Hohfeld. 1982 Wisc.
406, 425Furstenberg 2011 p. 260 It is likely that revolutionary rhetoric about the rights of men, the close contact with young antislavery officers who served with Washingtonsuch as Laurens, the Marquis de Lafayette and Alexander Hamiltonand the influence of northern colleagues were contributory factors in that process.Twohig 2001 p. 121Morgan 2005 p.
While the disease has not been identified in non-boid snakes, non-boid snakes can harbour the virus. Mites are thought to be the primary vector of the virus, or at least to be a contributory factor. Its distribution is worldwide, specifically in captive boid snakes. Its occurrence in the wild is unknown.
The Fourth Circuit reversed the district court's grant of summary judgment for the direct trademark infringement, contributory trademark infringement and trademark dilution. The Court affirmed the grant of summary judgment for the vicarious trademark infringement claim and upheld the motion to dismiss for unjust enrichment on a different reasoning than the district court.
After he died, a post-mortem examination concluded that a contributory factor towards his death had been the wounds that, three decades earlier, he had sustained at Urdax and the damage to his intestines that he had suffered as the result of the surgery that he had undergone to remove the musket ball.
Little WBL. (2007). "It is Much Easier to Find Fault With Others, Than to be Faultless Ourselves": Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability . Campbell Law Review. This meant that if the plaintiff was 1% at fault, the victim would lose the entire lawsuit.
He helped to obtain for the hospital the Headington Manor House and Children's Convalescent Home in Cowley and established a countywide contributory scheme that put the hospital on a sound financial footing. It was for such achievements that the Oxford City Council recommended that the freedom of the City be conferred upon him.
The package of measures involved both structural and management changes, including separation of contributary and non-contributary benefits, leaving the social security funding only contributory benefits while non-contributory benefits were to be financed from general taxation. A significant reform was the creation of a reserve fund, to be financed by surpluses of contributions over costs during periods of strong economic growth and to be used during periods of recession. The reform also involved a simplification of the numerous special conditions for different categories of workers and unified the contribution levels and ceilings. Changes were made to improve efficiency and fraud prevention, and an effort was made to encourage employment in labour- intensive industries as well as those requiring highly qualified employees, by reducing contributions.
The functions of DESW according to the official website are: "Matters relating to Armed Forces Veterans (Ex- Servicemen) including pensioners;Armed Forces Veterans (ExServicemen); Contributory Health Scheme; Matters relating to Directorate General of Resettlement and Kendriya Sainik Board; Administration of (a) the Pension Regulations for the Army, 1961 (Parts I and II); (b)the Pension Regulations for the Air Force, 1961 (Parts I and II);(c)the Navy (Pension) Regulations, 1964; and(d) The Entitlement Rules to Casualty Pensionary Awards to the Armed Forces Personnel, 1982". The Department has two Divisions, the Resettlement Division and the Pension Division and 3 attached offices namely (a) Secretariat of Kendriya Sainik Board (KSB), (b) Directorate General (Resettlement) (DGR) and (c) Ex-servicemen Contributory Health Scheme (ECHS) Organisation.
Third, even if a worker was slightly at fault, until 1945 such contributory negligence precluded the whole of the claim. Now the court will only reduce damages by the amount the employee contributed to their own injury.See Law Reform (Contributory Negligence) Act 1945 s 1 The fourth defence available to employers, which still exists, is ex turpi causa non oritur actio, that if the employee was engaged in any illegal activity they may not claim compensation for injuries. In Hewison v Meridian Shipping Services Pte Ltd[2002] EWCA Civ 1821 Mr Hewison concealed his epilepsy so that he could work offshore was technically guilty of illegally attempting to gain a pecuniary advantage by deception under the Theft Act 1968 section 16.
The basis of the dissent's arguments is "the writer's personal views on 'morals' and 'ethics.' ": > [None of that] throws enough light on the patent statutes to justify its use > in construing these statutes as creating, in addition to a right of recovery > for infringement, a more expansive right judicially characterized as a > "formula" of "contributory infringement." And for judges to rest their > interpretation of statutes on nothing but their own conceptions of "morals" > and "ethics" is, to say the least, dangerous business. If the present case > compelled consideration of the morals and ethics of contributory > infringement, I should be most reluctant to conclude that the scales of > moral value are weighted against the right of producers to sell their > unpatented goods in a free market.
They were > told that Congress could strike a sensible compromise between the competing > doctrines of contributory infringement and patent misuse if it eliminated > the result of the Mercoid decisions, yet preserved the result in Carbice. > And they were told that the proposed legislation would achieve this effect > by restricting contributory infringement to the sphere of nonstaple goods, > while exempting the control of such goods from the scope of patent misuse. > These signals cannot be ignored. They fully support the conclusion that, by > enacting §§ 271(c) and (d), Congress granted to patent holders a statutory > right to control nonstaple goods that are capable only of infringing use in > a patented invention, and that are essential to that invention's advance > over prior art.448 U.S. at 213.
Paul, Kane. Wanderings of an artist across the Indians of North America, London: Longman, Brown, Green and Roberts, 1859, p. 283 The outbreak of the disease amongst the Cayuse was a major contributory factor that led to the Whitman Massacre. Yellow Bird was present during the 1855 treaty council of the Yakima War period.
Excessive working hours, cancellation of route-proving trains and lack of detailed planning were identified as contributory factors to the incident. A year later, a report into a collision at London Waterloo highlighted similar circumstances, saying that "some of the lessons learnt from [the Clapham Junction] accident are fading from the railway industry’s collective memory".
The geology of the area is responsible for the landscape and the character of farming in surrounding area. Crop farming is the typical use of boulder clay lands. The sandy deposits to the north-east of Ingatestone are a contributory factor in the greater incidence of woodland and non-arable land in this area.
Like other Sub-Saharan Africa countries, HIV is a major problem in Malawi. In 2016 the adult prevalence rate was 9.2%. Sex workers are a high risk group with a 24.9% prevalence rate in 2016. The reluctance of clients to use condoms, and lack of access to health services for sex workers are contributory causes.
A third train collided with the wreckage at low speed. One person was killed. A collision between a London and North Western Railway (LNWR) empty stock train and a passenger train at , Yorkshire on 21 April 1905 killed two people. The driver of the LNWR train had overrun signals, but fatigue was a contributory factor.
It was a contributory factor in Harris's falling-out with Rowland. For a short time, Madam Griffith was Harris's constant companion. Harris said she had been "given me as an eye". Although she had made considerable financial contributions to the Methodist cause, she was left without any income following her separation from her husband.
The accident was investigated by the Accidents Investigation Branch. The final report was issued on 26 February 1975. The cause of the accident was found to be that the pilot of the Aztec entered the active runway without permission. Non-standard phraseology by the controller at Luton was found to be a contributory factor.
All of these forms of crack development are the result of the cylinder being subject to high pressure for prolonged periods. The cracks are intergranular and occur at grain boundaries. There is no evidence of stress corrosion or fatigue. The presence of a relatively high lead content has been identified as a contributory factor.
Cox was held responsible for the copyright infringements of its subscribers according to a December 17, 2015, ruling from a Virginia federal jury. The ISP was found guilty of willful contributory copyright infringement and ordered to pay music publisher BMG $25 million in damages. The verdict is likely to be appealed by the company.
The cause of the crash was determined to be pilot error. The captain completed the first turn to the left after takeoff about 700 feet too low, at about 800 feet instead of the minimum 1,500 feet as mentioned in the departure procedures. Low visibility and poor weather conditions were considered as contributory factors.
Specifically, extremists groups offered compensatory employment, which provided the means for basic needs to be met such as food and housing. In addition, radicalization provided protection and safety from local violence (i.e. abductions) for their entire family. All of which are contributory to the notion of an elevated economic and social status within the community.
Rikidōzan gave up sumo in 1950. Although he claimed it was for financial reasons, discrimination against Koreans may have been a contributory factor. He made his professional wrestling debut in 1951 with a ten-minute draw against Bobby Bruns. He established himself as Japan's biggest wrestling star by defeating one American wrestler after another.
The common law rules of causation have had their importance lessened by the promulgation of statute law in Australia. Contributory negligence is now essential for many determinations and are covered by statutes such as the Civil Liability Act (1936) South Australia which has more recent counterparts in a number of jurisdictions including New South Wales.
The new service building where all the classrooms are situated has a 10500 m2 indoor area. This spatial factor was a major contributory element that enabled the university to make a lot of progress. As a result of this, the number of the departments doubled and reached twenty. Student population rose dramatically to 2200.
In that case, the patent covered a process in which an unpatented strip of fabric was coated with an unpatented rubber cement composition. The accused infringer supplied similarly coated strips, which were unpatented but specially adapted for use in the patented method. The patentee unsuccessfully sued for contributory infringement. This was held patent misuse.
In London, Liverpool, Bristol, etc., across the channel in Berlin and other places these sites were constant reminders of the death and destruction of the war. This was a contributory factor to the European psycho-sociological outlook of the 1950s and 1960s. The German city of Dresden suffered a previously unprecedented level of destruction.
Van Wees suffered a head injury and post- traumatic amnesia (PTA) in a road traffic accident whilst riding as a pillion passenger on a motorscooter. She claimed that the "loss of edge" caused by the accident had been a contributory factor which then led to dismissal from her employment. Her schedule of loss claimed for just under £10 million.
Grant v Edwards was an English Court of Appeal case on common intention constructive trusts. It applied the decision in Eves v Eves [1975] and widened its effect to a 50% share in many future contributory common intention constructive trusts, where also an express intention is shown to have put the house into joint names, never fulfilled.
Goats, pigs and poultry were included in the show from its earliest years. The introduction of milking trials and tests of butterfat and protein content of milk at the show in 1879 was both a response to, and a contributory factor in, the progressive trend towards selection of stock for productive traits rather than purely for physical appearance.
After the Betz family became the owners it was added to the National Register of Historic Places and operated as a bed and breakfast through the 1990s. In 1987, the property included five contributory structures, the farmhouse, corn crib, barn, silo and chicken coop. The property also has one non-contributing structure, a machinery shed from the 1960s.
Chinelo Anohu is a Nigerian lawyer, public servant and administrator. She is the immediate past Director General and CEO of National Pension Commission, (PenCom). She was a member of Pension Reform Committee of 2004 that introduces contributory pension scheme in Nigeria. In May 2019, she was appointed as the Head and Senior Director of the AfDB's Africa Investment Forum.
Liability for the loss is shared by those who are responsible for it. If the plaintiff's negligent conduct contributes to the loss, that should be considered in determining the extent of the defendant's liability. Contributory negligence is not a defence; it does not extinguish the defendant's liability. It does, however, serve to reduce the damages award.
Dissolution and heavy losses were the results. During the course of the conflict, the OKL never understood the importance of time, the need to rest, plan and recover to prolong defensive operations. Continuously keeping units on the frontline needlessly wore them out. Another contributory factor was the lack of attention paid to Adolf Galland's basic rules of combat.
The U.S. Patent Act of 1952 clarified and simplified existing U.S. patent law. It also effected substantive changes, including the codification of the requirement for non-obviousnessThe Patent Act of 1952 - Legislative History - The Federico Commentary and the judicial doctrine of contributory infringement. As amended, it is codified in Title 35 of the United States Code.
The majority of the buildings in this district were built between 1880 and 1930, however there were buildings constructed all the way through the seventies. Many of the buildings, particularly the older ones, required some fashion of remodeling. Within the district, twenty structures are considered architecturally or historically significant, and twenty one structures are considered contributory.
Slough Estates Ltd v. Welwyn- Hatfield District Council [1996] 2 PLR 50 This is subject to a duty to mitigate the potential losses.Downs v. Chappell [1997] 1 WLR 426, where a conned car buyer only recovered losses up to the time he should have sold the car on Contributory negligence is no defence in an action for deceit.
It listed 2093 episodes of 247 shows when it launched. The site was shut down after the MPAA sued its owners in July 2007 (Disney Enterprises v. Showstash.com). According to the judges, Showstash.com was guilty of contributory copyright infringement because they «searched for, identified, collected, and indexed links to illegal copies of movies and TV shows».
There are two kinds of secondary liability for trademark infringement: Contributory trademark infringement and vicarious trademark infringement. While trademark infringement is different from copyright infringement, Perfect 10's arguments in support of trademark infringement were essentially identical to those alleged in Perfect 10's copyright claims, so the court ruled they were not liable for trademark infringement.
Perfect 10 continued by saying that Visa can choose to stop processing payments to these websites, which might have the practical effect of stopping or reducing the infringing activity. The defendant's payment processing system was not an infringing product in itself, nor was it designed to intentionally induce trademark infringement, so contributory trademark infringement was not established.
They had two daughters, Sally and Corrie, but their turbulent life together ended in divorce in 1971. Munro died a year later in London from the heart condition myocarditis. This was a contributory factor in Hendry's increasing dependence on alcohol. Hendry later married Sandra (Sandy) Jones on 27 May 1975, with whom he had another daughter, Emma.
To help the industry, the federal government provided an aid package to the industry, including $10 billion in loan guarantees, along with $5 billion for short-term assistance. The reduction on air travel demand caused by the attack is also seen as a contributory reason to the retirement of the only supersonic aircraft in service at the time, Concorde.
The Court of Appeal indicated that to set aside an assessment of contributory the appellants would need to show that the trial judge had either made an error of principle or reached a conclusion wholly outside the range of reasonable possibilities. at paragraph 16. They quickly dismissed the suggestion saying that appellant's arguments "do not get off the ground".
Attendance Allowance is a non-contributory Social Security benefit paid to elderly disabled people in the United Kingdom. It was introduced in the National Insurance Act 1970. The benefit is intended to provide support for those who live independently but might otherwise need to go into residential care. It is paid by the Department for Work and Pensions.
The court of inquiry decided that the weather conditions at the time were a factor with localized thunderstorms, heavy rain and hail and no blame could be attached to any individual. Evidence did reveal that although the Malta Flight Information Centre was not in possession of full information on the Lancaster's sortie, it was not a contributory cause.
With over 200 species of birds the national park has been identified by BirdLife International, an international NGO, as an Important Bird Area because it supports populations of malleefowl and diamond firetails. The malleefowl is a rare bird found on the site and their protection was a contributory factor in the decision to preserve the area in 1968.
Other mature plantings include a huge old kurrajong (Brachychiton populneus) near the stables block east of the house, a Brazilian pepper(corn) tree (Schinus molle var.areira) east of the house, a privet hedge (Ligustrum spp.) north-east of the house. Younger contributory plantings include brush box trees (Lophostemon confertus) and jacaranda (J.mimosifolia) south-west of the house.
Mr Hendrix claimed he should still receive incapacity benefit after he moved from Netherlands to Belgium from the Dutch Board of Directors of the Employee Insurance Institute. He continued to work in the Netherlands. Young people in the Netherlands could get incapacity benefit. This was a non-contributory benefit, reserved for people residing in the Netherlands.
At the end of the 10th and final All Sports Show podcast it was confirmed that the show would not be returning for the 2007-08 season. The shows web site was also taken down. The majority of the production team's transfer to the main Soccer AM show is a contributory factor in the show ending.
INPS Legal medical centre in Milan. The main activity of INPS consists on providing pensions and other services of social security to who has the right. It also does contributory activity collecting the contributions. The services are based on a mandatory insurance relationship and are funded with the contributions of employed workers, elaborated as a percentage of the wage.
He also instituted a program of Earning-Sharing whereby an employee received a portion of the earnings according to his contribution in brains or the value of his work. This was not to be turned over until retirement, but was to be reinvested. The Pension Plan was non-contributory by the employee. The employer paid all.
If the victim has contributed to causing their own harm through negligent or irresponsible actions, the damages may be reduced or eliminated entirely. The English case Butterfield v. Forrester (1809) established this defense. In England, this "contributory negligence" became a partial defense, but in the United States, any fault by the victim completely eliminated any damages.
The report cited as contributory factors the captain's inadequate risk assessment in designating the first officer as pilot flying for the approach in the given weather conditions, and an increased pressure on the flight crew to complete the landing due to the presence of other aircraft on approach to Heho at the time. Three safety recommendations were made.
From the marriage of Gualdrada and Guido came two sons, Guglielmo and Ruggieri. Ruggieri was the father of Guidoguerra, a leader of a group of four hundred Florentines of the Guelf party. They were contributory to the victory in 1265 of Charles of Anjou at Benevento over Manfred of Sicily. In 1266 Charles became King of Sicily.
Conversely, awake bruxism tends to cause symptoms that slowly get worse throughout the day, and there may be no pain at all upon waking. The relationship of bruxism with TMD is debated. Many suggest that sleep bruxism can be a causative or contributory factor to pain symptoms in TMD. Indeed, the symptoms of TMD overlap with those of bruxism.
The northern Lot 1 is undeveloped and is covered in a small stand of immature eucalyptus trees (dating to after the 1940s). Recently the grass beneath them has been mowed back and cleaned up removing any high grass or low bushes. This lot is considered to add to the significant setting of the church and is a contributory feature.
A souvenir was released with contributory articles from his students and beneficiaries. He was awarded an honorary doctorate (D.Litt.) by Andhra University in recognition of his services and intellectual contributions on the occasion of the fiftieth convocation in 1977. Andhra University Open-Air Theatre was named after him by the university authorities as a token of gratitude. Prof.
Polar T3 syndrome is a condition found in polar explorers, caused by a decrease in levels of the thyroid hormone T3. Its effects include forgetfulness, cognitive impairment and mood disturbances. It can exhibit itself in a fugue state known as the Antarctic stare. It is regarded as one of the contributory causes of winter-over syndrome.
A November 2014 Kathmandu summit saw endorsement of an accord on land transport by regional states, apart from one country's reservations causing it to fall through. The subsequent Summit Declaration reiterated sub regional steps as contributory to wider connectedness. A framework for co-operation was subsequently drawn, with the first quaternary Joint Working Group (JWG) meeting in January 2015.
Columbia Pictures Industries, Inc. v. Fung 710 F.3d 1020 No. 10-55946, was a United States Court of Appeals for the Ninth Circuit case in which seven film studios including Columbia Pictures Industries, Inc., Disney and Twentieth Century Fox sued Gary Fung, the owner of isoHunt Web Technologies, Inc., for contributory infringement of their copyrighted works.
Accessed 2 February 2016. One case on which he advised on the application of the law of negligence was that of Willem van Aarschot, who while walking near an archery range was blinded in one eye by an arrow shot by Willem van den Putte.E.G.D. van Dongen, Contributory Negligence: A Historical and Comparative Study (Leiden, 2014), p. 230.
Dawson Chemical Co. v. Rohm & Haas Co., 448 U.S. 176 (1980), is a 1980 5-4 decision of the United States Supreme Court. limiting the patent misuse doctrine and explaining the scope of the 1952 amendment of the patent laws that resurrected the contributory infringement doctrine in the wake of the Mercoid cases. (Mercoid I), and (Mercoid II).
Mercoid manufactured and marketed a competing stoker switch that was designed to be used only in the patented combination. Mercoid had been offered a sublicense but had refused to take one. Mid-Continent and Honeywell separately sued Mercoid for contributory infringement and it raised tie-in patent misuse as a defense.448 U.S. at 195-96.
Lion (p. 278) calls him Dr. John H. Haberski, while George Kraslow referred to Haberski as a woman (Evans and Evans, p. 546). The official cause of death, as indicated on the death certificate, was lobar pneumonia. Unofficially, edema of the brain coupled with the effects of long-term alcoholism have been cited as contributory factors.
If a claimant is volens, they have willingly accepted the risk of being injured by the foreseeable behaviour of the defendant. This means that there is considerable overlap between contributory negligence and volenti. Because prior agreement may be taken to extinguish the cause of action, its application can sometimes result in injustice. But contributory negligence has the capacity to be more fair because instead of extinguishing the action, it merely reduces the award of damages by the percentage of contribution made to the loss or damage by the claimant. In Reeves v Commissioner of Police of the Metropolis (2000) 1 AC 360, after two failed attempts, the claimant succeeded in committing suicide in his cell because of the defendant's failure to take proper precautions while the prisoner was on "suicide watch".
The immediate cause of the accident was that the signalman had forgotten that the goods train was still on the main line after being shunted, and allowed the boat train into his section with the line obstructed. The Board of Trade enquiry ruled that a contributory factor was the premature change of the goods train's headlamp from red to green; it was possible that the driver of the boat train would have noticed a red lamp ahead of him in time to apply his brakes. Another contributory factor was the failure of the guard of the goods train to notify the signalman of the presence of his train on the main line, as required by the rules of the company. Following the inquest twelve refuge sidings were built between Exeter and Weston.
On July 14, 2008, Judge David G. Campbell of the U.S. District Court for the District of Arizona granted and denied in part the parties' motions for summary judgment. The Court granted summary judgment in favor of Blizzard with respect to MDY's liability for tortious interference, contributory copyright infringement, and vicarious copyright infringement. The court granted summary judgment in favor of MDY on a portion of the DMCA claim and on the unfair competition claim. In its ruling on Blizzard's contributory copyright infringement claims, the district court first considered whether purchasers of WoW were legal "owners" of the client software. According to 17 U.S.C. § 117, owners of computer programs are allowed to create copies or adaptations of the computer program if it is an essential step towards utilization of the program.
The trial court was the United States District Court for the Southern District of New York, and the judge was Thomas F. Murphy. The plaintiff in the underlying action was the proprietor of certain copyrights (Shapiro, Bernstein and Co.), and it sued two defendants: a record concessionaire (Jalen Amusement Company, Inc.), which allegedly infringed Shapiro's copyrights by selling bootleg copies, and the chain store in which the record concessionaire was based (H. L. Green Company) which allegedly engaged in contributory infringement of those copyrights by virtue of its business relationship with the record concessionaire. The lower court concluded, based on factual findings as to H.L. Green's business relationship with Jalen, that as a matter of law no contributory infringement could have occurred, and dismissed the complaint as to Green.
The court also found that the injury had been a contributory factor in the claimant losing the high level corporate job that she had started following her injury. The key diagnostic indicator in subtle brain injury cases is post-traumatic amnesia. In the summary, the judge carefully defined PTA. The crucial point is that it is not a total lack of memory.
Ann Arbor, MI: Bell & Howell Information & Learning Co., 1999. His and Evarts Ambrose Graham's joint publication of "Tobacco Smoking as a Possible Etiologic Factor in Bronchiogenic Carcinoma: A Study of 684 Proved Cases" appeared in the Journal of the American Medical Association. It was one of the first major scientific publications identifying smoking as a contributory cause of lung cancer.
ADAC facilitates the young generation’s start into mobility and provides information on topics such as road safety, driver licensing, car buying etc. There are non-contributory membership models for youths, novice drivers and college and university students. Members in such schemes benefit from free practice with driving licence test questions, they can use breakdown and accident assistance and frontline legal advice.
In 1958, the burgher school was transformed into an eight-year secondary school for six surrounding villages.Nekuda, p. 306. Today, there is a primary school in Bohdalice – a contributory organization, which was established as an independent legal entity by the municipal office in Bohdalice. This school brings together an elementary school, a kindergarten, a school club, and a school canteen.
The rafters were made with a single planed side and the "rest is left round". Attached to the barn is an early 20th century dairy shed measuring long by wide. Other contributing assets include a in circumference silo and a by , both likely built in the early 20th century. A machinery shed dating to the 1960s was specifically listed a non- contributory asset.
The speech itself has since been praised for its use of political rhetoric, and is considered a landmark moment in the independence of the Congo. It has also been cited as a contributory factor to the subsequent Congo Crisis and in Lumumba's murder in 1961. Since its delivery, the speech has been widely reprinted and has been depicted in paintings and film.
The final report into the accident concluded that pilot error was the main cause, with weather a contributory factor. The pilot had become lost and stalled while trying to execute a sharp climbing turn, possibly in an effort to avoid flying into terrain. When the aircraft stalled, the passengers would have been thrown forwards, which might have made recovery from the stall harder.
Instead of notifying Veoh with a takedown notice after IO Group had initially discovered the clips, IO Group filed a lawsuit on June 23, 2006. IO alleged Copyright Infringement, Contributory Copyright Infringement, and Vicarious Copyright Infringement. at page 9. Around this same point in time, Veoh had independently determined that it would no longer allow adult content on its site.
Specific activities that have been postulated as potential risk factors include intensive computer mouse use, trackball use, and typing, as well as some pastimes, including bowling, golf, fly-fishing, piano-playing, sewing, and knitting. Women are affected more often than men. The syndrome commonly occurs during and after pregnancy. Contributory factors may include increased housework, hormonal changes, fluid retention and—more debatably—lifting.
Aspen Publishers, New York. page 361 The case concerned an accident in which a donkey, belonging to the plaintiff, was killed after a wagon, driven by the defendant, collided with it. The plaintiff had left the donkey on the side of the road while it was fettered and so it was contributory negligence. The plaintiff was still allowed recovery, however.
State Super is the Trustee of the following defined benefit schemes: State Authorities Superannuation Scheme (SASS), State Superannuation Scheme (SSS), and Police Superannuation Scheme (PSS). State Super also manages the State Authorities Non-contributory Superannuation Scheme (SANCS), which provides additional benefits to members of SASS, SSS and PSS. The State Super Pooled Fund comprises the assets of all four schemes.
The adults are powerful fliers; they can travel great distances, consuming most of the green vegetation wherever the swarm settles. Locusts have formed plagues since prehistory. The ancient Egyptians carved them on their tombs and the insects are mentioned in the Iliad, the Mahabharata, the Bible and the Quran. Swarms have devastated crops and been a contributory cause of famines and human migrations.
GQ published a retrospective of The KLF's career and interview with Bill Drummond, and suggested that such collaborations were a contributory factor in The KLF's abandonment of music: "[Bill Drummond's] distaste for the machinery of pop was at war with the creative populism of KLF", and "KLF had become bona fide pop miracle workers... It was all spinning way out of Drummond's control".
Rea, J.E. (1974) Bishop Alexander MacDonell and The Politics of Upper Canada, Ontario Historical Society, Toronto pp. 2–7, 9–10. In particular, large numbers of Catholics emigrated from the Western Highlands in the period 1770 to 1810 and there is evidence that anti Catholic sentiment (along with famine, poverty and rising rents) was a contributory factor in that period.
For Whitehead, besides its temporal generation by the actual entities which are its contributory causes, a process may be considered as a concrescence of abstract ingredient eternal objects. God enters into every temporal actual entity. Whitehead's ontological principle is that whatever reality pertains to an abstraction is derived from the actual entities upon which it is founded or of which it is comprised.
On February 18, 1985, Scurfield and another person died in an avalanche while heli-skiing in the Monashee Mountains near Blue River, British Columbia. The resulting court decision, (Scurfield v. Cariboo Helicopter Skiing Ltd. (1993), 74 B.C.L.R. (2d) 224) on the doctrine of contributory negligence in Canadian law, resulted in a finding that Scurfield was 75% responsible for the incident.
Ryan Burrows, Juan Pablo Socino & Adam Kettle enjoyed particularly impressive seasons respectively. Andre Bester aimed to secure a squad for the following year prior to the playoffs and the club effectively released several players prior to the end of the season, the ensuing lack of motivation being a contributory factor to the Titans losing every playoff game to finish the season.
National Assistance was the main means-tested benefit in the United Kingdom from 1948 to 1966. It was established by the National Assistance Act 1948 and abolished by the Supplementary Benefit Act 1966. It replaced earlier provisions under the Poor Law. The Beveridge Report of 1942 proposed a system of contributory benefits which would leave only a residual role for means- tested benefits.
It is a pigeon which is endemic to some Canary islands. Its close relative and probable ancestor is the common wood pigeon. Despite its bulky, long-tailed appearance, this pigeon has a fast, direct flight. The major cause of its population decline is habitat loss from forest clearance, but hunting and nest predation by introduced species and rats were also contributory factors.
Tiffany (NJ) Inc. v. eBay Inc. 600 F.3d 93 (2nd Cir. 2010), is a United States Court of Appeals for the Second Circuit case in which plaintiff Tiffany & Co. filed the complaint, first in 2004, alleging that eBay constituted direct and contributory trademark infringement, trademark dilution, and false advertising since it facilitated and advertised counterfeit Tiffany jewelries on its online market.
Contributory benefits are payable to those unemployed persons with a minimum of 12 months' contributions over a period of 6 years preceding unemployment. The benefit is payable for 1/3 of the contribution period. The benefit amount is 70% of the legal reference salary plus additional amounts for persons with dependants. The benefit reduces to 60% of the reference salary after 6 months.
The gang is historically significant because a nominated senator, General Koos de la Rey, was shot by a policeman at a road block set up to look for the Foster gang. De la Rey's death and subsequent funeral, where it was rumoured that he had been assassinated by the government, was a contributory factor in the Maritz Rebellion of 1914.
The court held that despite the primary purpose of the auditing was to protect the firms clients, they were also protecting the partnership's interests as well, meaning that they were liable for the partners losses from the fraud. The court did say however, that they could possibly mitigate the amount of damages through contributory negligence, if the partners were negligent as well.
Dawson did not stop engaging in this business after the patent issued, and it sold propanil in packages labeled with instructions to use it as described in the patent. Accordingly, Rohm & Haas sued Dawson for contributory infringement and active inducement of infringement under 35 U.S.C. § 271(c)–(d). Dawson then requested a patent license but Rohm & Haas refused.448 U.S. at 183.
Section 230 immunity is not unlimited. The statute specifically excepts federal criminal liability (§230(e)(1)), electronic privacy violations (§230(e)(4)) and intellectual property claims (§230(e)(2)).See (no immunity for contributory liability for trademark infringement). There is also no immunity from state laws that are consistent with though state criminal laws have been held preempted in cases such as Backpage.
Studies have indicated that working-class adolescents in areas such as Glasgow have begun to use certain aspects of cockney and other Anglicisms in their speech.Is TV a contributory factor in accent change in adolescents? – ESRC Society Today infiltrating the traditional Glasgow patter. For example, TH-fronting is commonly found, and typical Scottish features such as the postvocalic are reduced.
As elsewhere in Wales, the Laws in Wales Acts 1535 and 1542 provided Radnorshire with two members of parliament: one represented the county, and the other a borough constituency named after the county town but including other "contributory boroughs" who were jointly responsible for providing for the upkeep of the MP and, in return, were granted a say in his election. In both cases, the first return of a member was to the Parliament of 1542. In Tudor times, seven towns apart from New Radnor itself seem to have been regarded at least occasionally as contributory boroughs: Cefnllys, Knighton, Knucklas, Norton, Painscastle, Presteigne and Rhayader. However, by the late 17th century, the exact rights were disputed, and the position was argued before a House of Commons committee after petitions against the result of elections in 1689 and 1690.
Of course, plumbers and physicists who can talk fluently about their work will have both kinds of expertise. In identifying this separate and distinctive kind of linguistic expertise, the idea of interactional expertise makes a clear break with other theories of expertise, particularly those developed in Science and Technology Studies, which tend to see expertise as a social status granted by others rather than a property of the individual. As discussed in more detail below, the idea of interactional expertise also differs from more traditional phenomenological theories of expertise, in which the embodied expertise of the contributory expert is well- recognised but the distinctively linguistic expertise of the interactional expert appears to have been overlooked. In this context, it must be emphasised that interactional expertise is a tacit knowledge-laden ability and thus similar in kind to the more embodied contributory expertise.
Both series of Unsolved generated a huge public response and in some cases, led to a breakthrough. The show was a contributory factor in police deciding to dig up a quarry as part of the investigation into the murder of Renee MacRae and her son Andrew, and while their bodies were never found, Northern Constabulary filed a report to the procurator fiscal naming the person responsible.
Public pensions in Greece are provided by public funds and pensioner's contributions during working years. Benefits are determined by a combination of factors: number of years worked (via contributions), and years of residency in Greece. The primary pension scheme consists of two components: a contributory component and a more supplemental residency-based component. The first component of the scheme is funded entirely by pensioner's contributions.
In July 2015, the BBC reported that the hospital's finances were being investigated. In September 2015, both the CEO and CFO of the hospital resigned. Problems with the clinical-records system, which were said to have compromised the "ability to report, highlight and take action on data" and to prescribe medication properly, were held to be contributory factors in the organization's sudden failure. In February 2016, digitalhealth.
Amis, by his own admission and according to his biographers, was a serial adulterer for much of his life. This was a major contributory factor in the breakdown of his first marriage. A famous photograph of a sleeping Amis on a Yugoslav beach shows the slogan (written by wife Hilary) on his back "1 Fat Englishman – I fuck anything."Leader 2006, opposite p. 565.
The direct cause of the crash was determined as flight into extreme weather causing the engines to flame-out and failure to maintain control during the recovery. Contributory causes were the failure of air traffic services to warn of the extreme weather and the inability of the aircraft's weather radar to penetrate even moderate precipitation, leaving the crew unaware of the extreme precipitation in the weather ahead.
They were expected to recruit an army and prepare for an insurrection. The raid was ineffective and no uprising took place. The results included embarrassment of the British government; the replacement of Cecil Rhodes as premier of the Cape Colony; and the strengthening of Boer dominance of the Transvaal and its gold mines. The raid was a contributory cause of the Anglo-Boer War (1899–1902).
Martin Lister and his father Martin Lister were working for the Cold Storage company, driving a waste disposal lorry. They went to a slaughterhouse on Old Church Road, Romford. When they were entering through the gates to the yard, the father got out ahead and the son, driving, backed over him. McNair J awarded the father two thirds of the compensation to reflect the father’s contributory negligence.
Justice Lurton Justice Lurton noted preliminarily that Henry could not be guilty of contributory infringement unless Skou was guilty of direct infringement in using Henry's ink. "It is not denied that she accepted the machine with notice of the conditions under which the patentee consented to its use. Nor is it denied that thereby she agreed not to use the machine otherwise." 224 U.S. at 12.
59 Smart worked for Newbery and married his stepdaughter in 1752. It is unknown how Smart and Newbery met, but Smart's daughter claimed Charles Burney introduced the two.Sherbo p. 62 Newbery was looking for a contributory to his The Midwife and The Student magazines, and it is possible that Smart's winning of Cambridge's "Seatonian Prize" on 25 March 1750 brought his poetic abilities to Newbery's attention.
Ultimately, it was decided that the Yak-9K would not go into mass production. Besides the reliability and airframe performance issues, another contributory reason was that the German bombers still active on the Eastern front at this point in the war were mainly Fw 190 Jabo, and the 45 mm shell was overkill for these. A total of 53 Yak-9Ks had been built by then.
The divisions most famous engagement came during the 1991 Battle of Medina Ridge; the largest tank battle of the war and the largest tank battle in American history. Despite lacking air support the division put up a surprisingly strong resistance, helping pause the Coalition advance and ultimately serving as one of the contributory factors for the halt order given by President Bush on 28 February 1991.
In addition, CWIE also possibly committed contributory infringement by hosting password-hacking websites. In contrary, the court found neither the names nor the disclaimers clearly flagged apparent infringing activity. The court argued that there might be reasons other than announcing the infringement in choosing those names (for example, being appealing to a certain group of audience), and the disclaimer in question (illegal.net) did not make infringement apparent.
Only 4.46% of the recreational diving fatalities in a 1997 study were attributable to a single contributory cause. The remaining fatalities probably arose as a result of a progressive sequence of events involving two or more procedural errors or equipment failures, and procedural errors are generally avoidable by a well- trained, intelligent and alert diver, working in an organised structure, and not under excessive stress.
It found that the control sample of population used for comparison in the German study may have been incorrectly selected and other possible contributory factors, such as socio-economic ranking, were not taken into consideration. The committee concluded that there is no significant evidence of an association between risk of childhood leukemia (in under 5 year olds) and living in proximity to a nuclear power plant.
The Interceptor had one endemic engine issue in the V4, camshaft wear. In 1984, camshaft issues started to arise and owners started to complain. At first Honda did not admit that there was a problem but after conducting further research, they decided that the camshaft wear was most likely caused by oil flow issues. Valve clearance issues were also suggested as a possible contributory factor.
105 George Street is a typical example of a simple early Victorian multistorey shop and residence building that was common throughout Sydney in the 19th century. Numerous more original examples of this style of building exist throughout Sydney. As a contributory element to The Rocks precinct, it is important in demonstrating the development of The Rocks as a commercial precinct in the mid 19th century.
The model includes active and latent failures. Active failures encompass the unsafe acts that can be directly linked to an accident, such as (in the case of aircraft accidents) a navigation error. Latent failures include contributory factors that may lie dormant for days, weeks, or months until they contribute to the accident. Latent failures span the first three domains of failure in Reason's model.
The concept that insulin resistance may be the underlying cause of diabetes mellitus type 2 was first advanced by Professor Wilhelm Falta and published in Vienna in 1931, and confirmed as contributory by Sir Harold Percival Himsworth of the University College Hospital Medical Centre in London in 1936, however, type 2 diabetes does not occur unless there is concurrent failure of compensatory insulin secretion.
Thorpe assisted Sir Hans Sloane in the publication of Philosophical Transactions, and published there on 24 July 1704 a letter to Sloane on worms in the heads of sheep. He edited the Itinera Alpina Tria of Johann Jakob Scheuchzer, and published a sheet of lands contributory to, and a collection of statutes related to, Rochester bridge. Some of his letters were preserved in the Sloane collection.
For Whitehead, besides its temporal generation by the actual entities which are its contributory causes, a process may be considered as a concrescence of abstract ingredient eternal objects. God enters into every temporal actual entity. Whitehead's ontological principle is that whatever reality pertains to an abstraction is derived from the actual entities upon which it is founded or of which it is comprised.Whitehead (1929) pp.
Its contributory economics faculties, including the Ecole Normale Superieure, École des Hautes Études en Sciences Sociales, the Ecole Polytechnique and ENSAE, are ranked between the top 13 among 53 departments worldwide by publication output of the top five scholars. According to the global economics departments ranking released in May 2020 by RePEc, Paris School of Economics was ranked at 5th worldwide, 1st in Europe.
The affiliated group stated that there are four contributory reasons: unusually heavy rains; numerous faults and badly broken rocks; steep slopes; and absence of effective vegetative cover. The province has numerous types of soil. Soil types within the Maasin Clay, Guimbalaon Clay, Himay-angan Clay, Bolinao Clay, Quingua Clay and Malitbog Clay series serve as raw materials for ceramics and pottery made by local residents.
There is no decisive text and both views are held. The dominant opinion is that the liability existed. Contributory negligence of the aggrieved person might be a defence. This is sometimes misleadingly called "culpa-compensation," which suggests both some sort of quantitative relation between them, and the notion of damage to the defendant by the plaintiff, neither of which notions has anything to do with the matter.
Victor Talking Machine Co. (No. 2)213 U.S. 325 (1909). was authority for the conclusion that "he who sells an unpatented part of a combination patent for use in the assembled machine may be guilty of contributory infringement." In that case involving a phonograph record and record player, the Court extended patent protection to the unpatented phonograph record, which was an unpatented part of the patented combination.
Samuel Fenton MA, wrote the book The History of Pembrokeshire. The ancient Parliamentary Borough of Fishguard was contributory to the Borough of Haverfordwest. In 1907, it was created an urban district, which included Goodwick from 1934 until it was abolished in 1974. During the Second World War, the Fishguard Bay Hotel was Station IXc of Special Operations Executive where submersibles were tested in Fishguard Bay.
Unlike frostbite, trench foot does not require freezing temperatures; it can occur in temperatures up to and within as little as 13 hours. Exposure to these environmental conditions causes deterioration and destruction of the capillaries, and leads to morbidity of the surrounding flesh. Excessive sweating (hyperhidrosis) has long been regarded as a contributory cause; unsanitary, cold, and wet conditions can also cause trench foot.
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. citing 3 Nimmer on Copyrihgt § 12.04(A)(1), at 12-70 (1995) The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee.
These calculations are similar, but follow different formulae. When calculating the base portion of the CPP, there is a general drop out provision that enables the lower-earnings years in a contributor's contributory period to be dropped from the calculation of the average. Since 2014, the lowest 17per cent of earnings are dropped in this way, accounting for up to eight years of contributory earnings. Benefits under the CPP enhancement will be calculated based on a forty-year period, taking the best 40 years to calculate the benefit. This calculation effectively allows seven years to be dropped out of the benefit calculation (for an individual who begins contributing at age 18 and ends at age 65). In October 2018, average monthly benefits for new retirement pension (taken at age 65) was just over $664.00 per month and the maximum amount in 2019 was $1,154.58 per month.
In district court's response to Gunter's motion for dismissal on May 10, 2011, the court dismissed 6 of the 7 counts of copyright and trademark violations claimed by Flava Works, leaving only the count of contributory copyright infringement. Judge John F. Grady: "The plaintiff alleges… after having received the notices of defendants failed to act to prevent future similar infringing conduct…", further "it [plaintiff] also alleges that MyVidster has no filters or identifiers in place to prevent infringers and that it took no action to stop or ban of the repeat infringers who allegedly posted plaintiff's copyrighted works. These allegations are more than sufficient to allege material contribution." The court granted a preliminary injunction on July 27, 2011 against MyVidster citing sufficient knowledge of infringement on Gunter's part to support contributory infringement claims, while denying DMCA safe harbor defense based on Gunter's failure to take meaningful action against repeat infringers.
In addition, there was testimony in the 1948 hearings on the legislation from the "New York Patent Law Association, which had supervised drafting of the legislation... that candidly declared that the purpose of the proposal was to reverse the trend of Supreme Court decisions that indirectly had cut back on the contributory infringement doctrine." This group "criticized several decisions, including Leitch and Carbice as well as the two Mercoids... [and] went on to explain that the proposed legislation was designed to counteract this effect by providing that... enforcement of the right to be protected against contributory infringement... shall not be regarded as misuse of the patent." Giles Rich, then a prominent New York patent lawyer, testified that the proper distinction was that between the Carbice and Mercoid cases, stressing the staple-nonstaple distinction between dry ice and the special stoker switch without any noninfringing use was critical.
The accident investigators concluded that the captain's failure to prevent the aircraft from stalling while making a single engine approach was the probable cause. The captain's distraction by a flickering red undercarriage indicator light during the critical final approach stage was cited as a contributory factor.ASN Aircraft accident description Vickers 627 Viking 1B G-AIXS near Blackbushe Airport (BBS) The third non-fatal accident occurred on 1 September 1957.
J.W. Hamilton 2004 Perceval's psychosis revisited. Free Associations 11A: 89-103. Perceval himself recognised the loss of his father - along with mercury poisoning and over- study of religion - as a contributory factor in his breakdown. Perceval attended Harrow School and spent a year with a private tutor before obtaining an army commission, first in a cavalry regiment and then as a captain in the First Foot or Grenadier Guards.
Fox, p.258 From Watson’s book, Coleridge garnered information about the Inquisition and Philip’s persecution of the Morescoes. Coleridge used this to furnish his drama with details to which the characters often refer, such as the prohibition of native Moorish dress, religion and customs. These oppressive measures incited revolt in Spain in Watson’s account, and they are contributory reasons for the revolt of Alhadra and her followers in Coleridge’s drama.
JVC Kenwood Corporation sued Nero, Inc. and Arcsoft, Inc. for contributory and induced infringement (so-called indirect infringement) of six JVC patents on various uses of DVD and Blu-ray optical discs. The charge of indirect infringement is based on Nero's sale of software to end users of DVD and Blu- ray discs, who purchased licensed discs and then allegedly directly infringed the JVC patents by using Nero's software.
National Pension System is a defined contributory pensions introduced by Government of India. It is mandatory for all Central Government employees with effect from 1 January 2004. It extends to all citizens of India including workers of the unorganized sector on a voluntary basis with effect from 1 May 2009. On 29 October 2015 the Reserve Bank of India allowed Non-Resident Indians (NRI) to subscribe to NPS.
Religious sentiment often becomes a contributory factor of crime. In the 1819 anti-Jewish riots in Frankfurt, rioters attacked Jewish businesses and destroyed property. Different religious traditions may promote distinct norms of behaviour, and these in turn may clash or harmonise with the perceived interests of a state. Socially accepted or imposed religious morality has influenced secular jurisdictions on issues that may otherwise concern only an individual's conscience.
A number of pesticides including the neonicotinoids clothianidin, dinotefuran, imidacloprid are toxic to bees. Exposure to pesticides may be one of the contributory factors to colony collapse disorder. A study in North Carolina indicated that more than 30 percent of the quail tested were made sick by one aerial insecticide application. Once sick, wild birds may neglect their young, abandon their nests, and become more susceptible to predators or disease.
" There is even disagreement as to the Court's approach to analyzing both the statute and the case as some felt the Court did not properly apply the DMCA. For instance, one author felt the Court overlapped the elements of vicarious liability and contributory liability in its analysis. However, Professor Eric Goldman calls it "a clean and thorough opinion . . . [that] makes a significant contribution to the precedent and teaches us a lot.
The wings of Fokker Trimotors were manufactured out of wood laminate; in this instance, moisture had leaked into the interior of one wing over a period and had weakened the glue bonding the structure. One spar finally failed; the wing developed uncontrolled flutter and separated from the aircraft. In any case, the structural condition of the wooden wing is widely agreed to have been at least a significant contributory factor.
Much of the bill eventually was repealed. The Second Red Scare profoundly altered the temper of American society. Its later characterizations may be seen as contributory to works of feared communist espionage, such as the film My Son John (1952), about parent's suspicions their son is a spy. Abundant accounts in narrative forms contained themes of the infiltration, subversion, invasion, and destruction of American society by un–American thought.
It may have been a source of intense rivalry with Thomas Cromwell and a contributory factor in her downfall during a parallel with the Persian Xerxes's 'wicked minister'.Hamer, Anne Boleyn; Weir, The Fall, p.53 On Passion Sunday, Skip preached a sermon from John chapter 8, verse 46. Skip rose defiantly to defend the ravages of the agents of the Vicar-General on behalf of his mistress.
Her memoir Shame was a Times Top 10 Bestseller and described in the House of Lords as a "political weapon". She is widely recognised for publicising the problem of forced marriage. The then Prime Minister, David Cameron, said her work "turned my head on the issue of forced marriage". Her work is recognised as a contributory factor to the creation of a specific UK forced-marriage criminal offence in 2014.
It is the subject of a pop song by local band XTC. Locals often refer to it by the colloquial name of "The Tragic Roundabout" due to the many motor-accidents that occur on it, usually caused by drivers not familiar with its operation. Accidents frequently occur on matchdays for Swindon Town F.C. and at weekends, where the increased traffic at these periods can be a contributory factor in causing them.
The far less contributory precursor, St Marylebone, was a Conservative safe seat. The 1997 boundary changes expanded the constituency to the west, taking in Labour- voting areas of north Kensington and tilting the seat towards Labour. Wheeler decided that he did not wish to contest such unfavourable territory and sought selection elsewhere. However he was unsuccessful in finding a new safe seat and thus retired at the 1997 general election.
Hartmann Op.cit.21 Frankena mentions Plato who had referred to wealth, health and strength as “goods of the body”.Plato Op.cit.16 Regarding wealth, Frankena, in a discussion of “money, cars and other material possessions”, suggested that its value might be either instrumental or contributory, the latter term being defined in terms of “things that are good because they contribute to a good life or are parts of it”.
His assassination, suggests Dixon, indicates that there was an unstated boundary over which a Tsar should not step except with the consent of his nobility. Lieven identifies Paul's own claim that no-one was noble in Russia except he to whom Paul was speaking as being directly contributory to his downfall, and argues their motivation was both Paul's foreign policy and fear of his attacks upon their class.
It was the first fatal crash of a Boeing 777 since that aircraft type entered service in 1995. The investigation by the U.S. National Transportation Safety Board concluded that the accident was the result of the flight crew's mismanagement of the airplane's final approach to the airport. Deficiencies in Boeing's documentation of complex flight control systems and in Asiana Airlines's pilot training were also cited as contributory factors.
Parties will often work to negotiate a mutually satisfactory percentage figure when engaging in alternative dispute resolution (such as mediation). If the matter does not settle, a percentage figure is ultimately assigned by the court at the hearing. In Australia, contributory negligence is available when the plaintiff's own negligence contributed to its own injuries.Froom v Butcher [1976 1 QB 286] Also refer to Pennington v Norris for second test..
Penmaenmawr Train Crash 1950 Gathering the Jewels; Retrieved 2009-03-20Penmaenmawr Signal Box www.signalbox.org; Retrieved 2009-03-20 The poor view afforded of the sidings from the old box was cited as one of the contributory factors to the accident. An earlier accident occurred near Penmaenmawr on 12 January 1899 when an express freight train was derailed because a storm had washed away the trackbed. Both locomotive crew were killed.
Elderly men with ill- maintained equipment mixed with new recruits who had never participated in a training exercise. Nikephoros III Botaniates, Byzantine emperor from 1078 to 1081. The simultaneous arrival of aggressive new enemies – Turks in the east and Normans in the west – was another contributory factor. In 1040, the Normans, originally landless mercenaries from northern parts of Europe in search of plunder, began attacking Byzantine strongholds in southern Italy.
Evidence of the buried garden features are difficult to determine from the available plans and aerial photographs. Information on garden design and construction would be replicated on many other sites. The site is not regarded as being able to contribute to the knowledge of major research questions. The CMP found that the Archbishop's Residence is "integral and contributory to the historic and aesthetic development of the site and the landscape setting".
A tooth may become sore to bite on, and further, tooth wear may reduce the insulating width of enamel and dentin that protects the pulp of the tooth and result in hypersensitivity, e.g. to cold stimuli. The relationship of bruxism with temporomandibular joint dysfunction (TMD, or temporomandibular pain dysfunction syndrome) is debated. Many suggest that sleep bruxism can be a causative or contributory factor to pain symptoms in TMD.
The radiation factor WR, which is specific for radiation type R – This is used in calculating the equivalent dose HT which can be for the whole body or for individual organs. : 2\. The tissue weighting factor WT, which is specific for tissue type T being irradiated. This is used with WR to calculate the contributory organ doses to arrive at an effective dose E for non-uniform irradiation.
He died at age 80 at Mercy Hospital, Philadelphia, Pennsylvania of cerebral thrombosis with arteriosclerosis as a contributory cause.Certificate of Death No. 248416, Bureau of Vital Statistics, Pennsylvania Department of Health, 18 Mar 1941. He was buried in Arlington National Cemetery, Arlington County, Virginia. On December 16, 2017, members of Tennessee State University's Alumni Association took part in the annual Wreaths Across America and laid a memorial wreath at McBryar's grave.
In the first instance, at the High Court, the claimant succeeded, after conceding that he was a trespasser and so was covered by the Occupiers' Liability Act 1984 as opposed to the '57 Act, though his damages were reduced by 75%, due to his contributory negligence. The judgement was appealed by the defendants, stating that the trial judged had erred in imposing a duty under the '84 Act.
Starvation may also be used as a means of torture or execution. According to the World Health Organization, hunger is the single gravest threat to the world's public health.Malnutrition The Starvelings The WHO also states that malnutrition is by far the biggest contributor to child mortality, present in half of all cases. Undernutrition is a contributory factor in the death of 3.1 million children under five every year.
Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. The Wagon Mound (No 1) should not be confused with the successor case of the Overseas Tankship v Miller Steamship or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care..
There were two through sidings on the east side of the station, beyond which lay Harcourt Street goods station and the D≀'s locomotive shed. There was no direct access for arriving trains to the goods station, instead 'Up' Freight trains had to pull into the passenger station, then set back onto the 'Down' line before entering the goods station. This was a contributory factor to the 1900 train crash.
Chodera against 22 online users for direct copyright infringement, unauthorized fixation, contributory copyright infringement, and bootlegging. Several of the users were fans who had shared links to bootlegged versions of Prince concerts through social media websites like Facebook. In the same month, he dismissed the entire action without prejudice. Prince was one of a small handful of musicians to deny "Weird Al" Yankovic permission to parody his music.
The first element may be satisfied in one of three ways: The second element is discussed further in the section below. The third element requires the absence of contributory negligence from the plaintiff. The fourth element emphasizes that defendant may defeat a res ipsa loquitur claim by producing evidence of a non-negligent scenario that would completely explain plaintiff's injury and negate all possible inferences that negligence could have occurred.
Leaflet promoting the National Insurance Act 1911. The first modern unemployment benefit scheme was introduced in the United Kingdom with the National Insurance Act 1911, under the Liberal Party government of H. H. Asquith. The popular measures were to combat the increasing influence of the Labour Party among the country's working-class population. The Act gave the British working classes a contributory system of insurance against illness and unemployment.
The terrazzo flooring has been covered over with ceramic tiles and in the master bedroom teak parquet tiles. The metal awning windows were replaced with new ones of the same size keeping the look the same in about 1989. Wall unit air conditioners were put in the bedrooms in the 1960s. A swimming pool was built in the south patio in 1986 and is not contributory to the home as historic.
The South African Civil Aviation Authority (SACAA) was in charge of the accident investigation. In its final report, it concluded that the probable cause of the crash was controlled flight into terrain, and cited as contributory factors "lack of proper flight planning" and low clouds present in the Wolkberg area at the time of the flight. No evidence was found of any pre-existing defects or mechanical problems with either aircraft.
Pension reforms will also address the needs of the family by covering maternity and paternity periods with up to three years of leave of absence for childcare, and in the case of maternity, a supplement will apply to contributory pensions for retirement, widowhood, and permanent disability as of 2016. This additional percentage of contributory pension will increased to up to 15% depending on the number of children this is one incentive to address the issue of Spain’s current fertility rate, and how Spanish woman tend to have their first child relatively late in life compared with other European countries. An additional reform will also come into effect in 2019, when calculations based on life expectancy, the number of pensioners, and the financial situation of the pension system will replace the previous inflation based system. To oversee that these measures continue to be implemented, a committee will be appointed to report on the sustainability of the pension system in a periodic manner.
The Indira Gandhi National Old Age Pension Scheme (IGNOAPS) is a non-contributory old age pension scheme that covers Indians who are 60 years and above and live below the poverty line. All individuals above the age of 60 who live below the poverty line are eligible to apply for IGNOAPS. All IGNOAPS beneficiaries aged 60–79 receive a monthly pension of Rs. 300 (Rs. 200 by central government and Rs. 100 by state government).
In 2002, the chapel made a submission to the House of Lords' Select Committee on Religious Offences, arguing for the blasphemy law in the United Kingdom to be retained. The chapel was listed by Tunbridge Wells Borough Council among several notable local features, to be a contributory building to Cranbrook's status as a conservation area. The pastor of the Cranbrook Strict Baptist Chapel also joins in the induction of new interdenominational Christian ministers in Cranbrook.
At his court martial, LCdr. Hunter, the navigator of the Delphy, testified. "I think there is also a possibility that abnormal currents caused by the Japanese earthquake might have been another contributory cause, or magnetic disturbances connected with the solar eclipse affected the compass — but of these I cannot, of course, speak with any first hand knowledge." On September 1, 1923, seven days before the disaster, the Great Kantō earthquake had occurred in Japan.
A year later, to consolidate their position, the Russians began to build a new railway from Harbin through Mukden to Port Arthur, the South Manchurian Railroad. The development of the railway became a contributory factor to the Boxer Rebellion, when Boxer forces burned the railway stations. The Russians also began to make inroads into Korea. By 1898 they had acquired mining and forestry concessions near the Yalu and Tumen rivers, causing the Japanese much anxiety.
The River Swale has been a contributory factor in the settlements that have been recorded throughout its history. It has provided water to aid in the raising of crops and livestock, but also in the various mining activities that have occurred since Roman times and before. The river is said to be the fastest flowing in England and its levels have been known to rise in 20 minutes. Annual rainfall figures average 1800 mm p.a.
Two other significant cases of solicitors losing clients' funds took place in the 1990s. One of these was the small legal firm Tietyens' practice on the border with NSW. Tietyens ran a contributory mortgage scheme backed by about 1,100 investors that furnished an investment of about $42 million in the Tally Ho Retirement Village in Burwood East in Melbourne. A further Melbourne case was the murder of Max Green in Phnom Penh.
Hall v Hebert is a leading tort law case decided by the Supreme Court of Canada on the defences of contributory negligence and ex turpi causa non oritur actio (that a plaintiff cannot recover for illegal actions). The Court held that illegality can only act as a defence where the plaintiff is seeking to profit from illegal conduct or where a tort action is being used to circumvent or negate a criminal penalty.
Fremantle Boys' School was designated a central school starting in 1909. The idea of the central schools was to take children from contributory schools in the area and place them into either the commercial or industrial course. This system allowed the teachers to give the children more attention in their last two years of school. As a result of this new system, Fremantle Boys' required new rooms for the more effective teaching of science.
Some helpers are given the power to restrict the activities of players who have violated the rules of the site, e.g. by using inappropriate language. The primary function of the moderators, who are only intermittently present, is to answer questions about the site and to moderate the language and content of the discussions in order to make the site pleasant for most players. The players are split into two categories—members and contributory members.
The ISC is a free service; no member needs to pay to use the site's facilities. But there are benefits for contributory or support players, who pay an annual fee. These benefits include the right to play against computer players, to save games in a library, to use an examiner program that suggests solutions for game positions, and many others. A full list of benefits can be found at the ISC website linked below.
In 1951, Joyce was again transferred to St Andrew's Hospital. Over the years, she received visits from Beckett, Sylvia Beach, Frank Budgen, Maria Jolas, and Harriet Shaw Weaver who acted as her guardian. In 1962, Beckett donated his share of the royalties from his 1929 contributory essay on Finnegans Wake in Our Exagmination Round His Factification for Incamination of Work in Progress to help pay for her confinement at St Andrew's.Bair, Deirdre (1980).
The Finance Minister in the administration of Prime Minister Antonio di Rudinì, Luigi Luzzatti, passed two measures of social legislation in 1898. The industrial workmen’s compensation scheme from 1883 was made obligatory with the employer bearing all costs; and a voluntary fund for contributory disability and old age pensions was created.Seton-Watson, Italy from liberalism to fascism, 1870–1925, pp. 185–86 'O sole mio the globally known Neapolitan song is composed.
It is considered a major contributory factor to the increased frequency of morbidity and mortality among the elderly. Immunosenescence is not a random deteriorative phenomenon, rather it appears to inversely repeat an evolutionary pattern and most of the parameters affected by immunosenescence appear to be under genetic control. Immunosenescence can also be sometimes envisaged as the result of the continuous challenge of the unavoidable exposure to a variety of antigens such as viruses and bacteria.
The chemically resistant sediments comprising the Big Clifty, and similar siliciclastics, act as a caprock over the dissolving carbonates. The presence of the Big Clifty is one of several contributory factors that create favorable conditions for the formation, and subsequent preservation, of connected cavernous porosity in the Mammoth-Flint Ridge cave system. The Big Clifty Sandstone also appears as sandstone knobs throughout south-central Kentucky, including the Pilot Rock on the border of Todd County.
In a 2005 study by Martina et al., at the Department of Aviation and Logistics, University of Southern Queensland, the performance of aircraft pilots following unexpected critical events, in relation to recent aircraft accidents, is examined. The deleterious effects of the startle response was identified as causal or contributory in these events. The authors argue that fear resulting from threat (especially if life- threatening cited ) potentiates startle effects and has significant deleterious effects on cognition.
The cause is unknown. Geographic tongue does not usually cause any symptoms, and in those cases where there are symptoms, an oral parafunctional habit may be a contributory factor. Persons with parafunctional habits related to the tongue may show scalloping on the sides of the tongue (crenated tongue). Some suggest that hormonal factors may be involved, because one reported case in a female appeared to vary in severity in correlation with oral contraceptive use.
Contributory causes of the collapse included lack of quality control and inspections, concrete weakened when left unprotected from cold weather, deficiencies in shoring and reinforcing bars and overly high construction loads on the roof slab. A commission of inquiry concluded that the primary causes of the collapse were lack of shoring and low concrete strength. On July 23, 1972, Controlled Demolition, Inc., imploded the unfinished building after the completion of the recovery effort.
LPR was not discussed as a separate condition from GERD until the 1970s and 1980s. However, at around the same time that GERD was first recognized as a clinical entity in the mid-1930s, a link between gut symptoms and airway disease was suggested. Later, acid-related laryngeal ulcerations and granulomas were reported in 1968. Subsequent studies suggested that acid reflux might be a contributory factor in other laryngeal and respiratory conditions.
McIntosh attributed the syndrome to "the failure of parents to enforce consistent, age-appropriate limits", but others, such as Aylward, note that temperament is probably a contributory factor. It is important to note that the temper tantrums are recurrent. McIntosh observes that "many of the problem behaviors that cause parental concern are unrelated to spoiling as properly understood". Children may have occasional temper tantrums without them falling under the umbrella of "spoiled".
United States Department of Agriculture Forest Service, research note, Forest Products Laboratory, 1963 High heels can represent contributory negligence by the plaintiff in American personal injury cases involving slip and fall accidents.Gary M. Bakken, H. Harvey Cohen, Jon R. Abele, Slips, Trips, Missteps, and Their Consequences, p. 170, Lawyers & Judges Publishing Company, 2007, , 9781933264011, google books Many high heel policies in the US are related to concerns over the potential for legal claims.
Because the NHS is not funded by contributory insurance scheme in the ordinary sense and most patients pay nothing for their treatment there is thus no billing to the treated person nor to any insurer or sickness fund as is common in many other countries. This saves hugely on administration costs that might otherwise involve complex consumable tracking and usage procedures at the patient level and concomitant invoicing, reconciliation and bad debt processing.
The battle also showed the Prussian cavalry still needed work, particularly in horsemanship; a contributory factor to their apparent indiscipline was the inability of many to control their mounts and this became an area of focus after 1743. Von Gessler, who led Buddenbrock's charge, was promoted lieutenant general, and received the Order of the Black Eagle; at Hohenfriedberg in 1745, he commanded the cavalry charge claimed as a key factor in Prussian victory.
Two years later, a British Pathé film showcased his latest line of Tudor-inspired hats. In 1955, he was declared bankrupt – something The Times attributed to overtrading – although Thaarup's generosity to his circle may have been a contributory factor. Thaarup said at the hearing that he had been helping friends and relatives in Denmark. After the bankruptcy hearing was over, his friends clubbed together so that he could spend the weekend in The Ritz.
Many commentators faulted Stoiber's reaction to the floods in eastern Germany, in the run-up to the election, as a contributory factor in his party's poor electoral result and defeat. In addition, Schröder distinguished himself from his opponent by taking an active stance against the upcoming United States-led Iraq War. His extensive campaigning on this stance was widely seen as swinging the election to the SPD in the weeks running up to the election.
The exact cause of Gibson's crash is unknown and is likely to remain so. A number of theories exist, with some more likely than others. Various contributory factors may also have led to the loss of his Mosquito.. One theory advanced is that the accident was due to Gibson's lack of experience flying Mosquitos. His log book, which he had last updated on 16 September, detailed 9 hours and 35 minutes flying Mosquitos.
Leitch sold tar to a road builder, knowing that it was to be used in accordance with the patented method. Barber sued Leitch for contributory infringement. Barber had exploited his patent by selling tar to road builders with the understanding that they could use the patented method with Barber's tar; it granted no written license. Barber argued that Carbice did not apply because it granted no license on a condition of tying supplies.
Colonel Mike Edmonson of the Louisiana State Police began an investigation into the shooting. He said that the body-camera video recorded by one of the responding officers was essential to the officers being arrested. Other contributory evidence included interviews with the cooperating officers, 9-1-1 recordings, and unspecified forensic evidence. Legal analysts cited by The Advocate newspaper of Baton Rouge, Louisiana also attributed the arrests to the body- camera footage.
A contributory factor was the failure of the circuit breakers supplying the traction current to the section to trip when the collision occurred – the subsequent arcing and fire caused most of the fatalities. The official report concluded that the current drawn by the short-circuit (approx 5700 A) was only slightly higher than the trip current (5000 A), and the breakers failed to trip due to poor response speed and stiffness of operation.
Finally, the "Contributory Negligence on the part of the workman" defense allowed for conditions where if an employee could be found minimally at fault the employer would be found not liable. There was also a disinclination for fellow employees to witness for their fellow employee(s) under fear of repercussions from their employer. Understandably, such results, predominantly in the favour of employers, created unrest. Employees had low prospects in acquiring compensation from employers through litigation.
Sophia Mirza (1973-25 November 2005) was a woman in the United Kingdom who had chronic fatigue syndrome listed as a contributory cause of her death. An inquest was conducted to determine her cause of death, with the coroner ultimately recording it as acute anueric kidney failure due to dehydration, caused by CFS. Advocacy groups such as Invest in ME and the ME Association say that Mirza's inquest shows that CFS is a neurological illness.
In general terms, it is appropriate to deny burglars relief, e.g. that the injuries prevent the burglar from pursuing their successful career in crime may be true, but it would be an affront if such loss of earnings were recoverable. However, it would be a different matter if the householder uses excessive force and inflicts very severe injuries. In such cases, some relief for the injuries should be allowed, but subject to reduction for contributory negligence.
The quality of his public work deteriorated and as one historian has noted the severe personal strain must have been a contributory factor in "...the uncharacteristic combination of excessive zeal and indecision which marked [Birrell's] response to the Dublin industrial agitation of 1913".Pat Jalland, Augustine Birrell in Dictionary of National Biography, OUP 2004–08 Only after Eleanor died in 1915 did Birrell begin to regain some of his old energy and effectiveness as a minister.
EMI claimed that MP3tunes engaged in unfair competition by allowing EMI's works to be downloaded or otherwise experienced by users. MP3tunes asked for the court to dismiss the claim. The court stated that because MP3tunes has contributory liability, and because both it and EMI traffic in EMI-owned works to Internet users, EMI's claim of unfair competition for the identified works cannot be dismissed, and further adjudication is warranted, so no summary judgment was issued on this matter.
It was later suggested during the investigation that his father's authoritarian nature might have been a contributory factor to the crime. Because of this incident, the family moved to Ribeauvillé, in the Alsace region, where his father again became a pastor. In 1777, the family moved to Strasbourg where his father became deacon at St.Thomas' Church and later a pastor at Saint Aurelia’s Church. His uncle, Johann Samuel Herrenschneider, was a professor of mathematics at the University of Strasbourg.
The New Hampshire Retirement System (NHRS) is a contributory, public employee defined benefit pension plan for the state of New Hampshire. The plan is qualified under section 401(a) of the Internal Revenue Code, and provides lifetime pension benefits to eligible members, which are determined at retirement under formulas prescribed by state law (RSA 100-A). The retirement system is also governed by administrative rules, policies adopted by the Board of Trustees, and the Internal Revenue Code.
When the cars were partly alongside each other, there was a glancing collision between the two, causing Conradie to lose control, and the Fiat to leave the road in the bend at about 70 mph. The car went headlong through the veld and was shortly overturned. Severely injured in the accident, Vorster sued Conradie and Santam for damages. The insurance company set up the defence of volenti non fit injuria and, as an alternative, contributory negligence by Conradie.
The Two Faces Of Perfect 10 v. Google, The Center for Internet and Society, Stanford Law School (May 16, 2007). Google also raised a Digital Millennium Copyright Act (DMCA) safe harbor defense in respect to the issue of hyperlinks, which Perfect 10 contested. However, the court did not reach an opinion on the matter as it found that Perfect 10 was unlikely to succeed on the matters of contributory and vicarious liability because of the other arguments.
Turnaround video of a mounted skeleton, Naturalis The evidence is indicative that humans had at least a contributory role in the extinction of the Carolina parakeet, through a variety of means. Chief was deforestation in the 18th and 19th centuries. Hunting played a significant role, both for decorative use of their colorful feathers, for example, adornment of women's hats, and for reduction of crop predation. This was partially offset by the recognition of their value in controlling invasive cockleburs.
UNTSO personnel have also been available at short notice to form the nucleus of other peacekeeping operations. The availability of UNTSO's military observers for almost immediate deployment after the Security Council had acted to create a new operation has been an enormous contributory factor to the success of those operations. UNTSO deployment as of February 2011. The military observers are unarmed and they carry out their jobs by observing and reporting violations of the agreements of ceasefire, disengagement etc.
The investigation by the Slovenian Aircraft Accident Investigation Commission found that the main cause of the accident was the "improper technique used in operating balloon type LBL 600C in the landing phase." Contributory factors were "insufficient meteorological planning" and lack of consideration for the weather conditions at the time of the flight. In a preliminary hearing, the pilot denied all these statements, pleading not guilty to the charge of causing general danger. The court trial began in November 2016.
Afterwards, the case of the "Bernina," decided in 1888, where a passenger and an engineer on board the "Bushire" were killed in a collision between the "Bernina" and the "Bushire" caused by fault in both ships, but without fault on the part of the deceased, exploded this supposed doctrine, and made it clear that the defence of contributory negligence holds good only when the defendant contends and proves that the plaintiff was injured by his own carelessness.
Under the influence of the hormones prolactin and oxytocin, women produce milk after childbirth to feed the baby. The initial milk produced is referred to as colostrum, which is high in the immunoglobulin IgA, which coats the gastrointestinal tract. This helps to protect the newborn until its own immune system is functioning properly. It also creates a mild laxative effect, expelling meconium and helping to prevent the build-up of bilirubin (a contributory factor in jaundice).
George J. Lacy, Houston, TX, was invited and first attended in 1942 as did, Warren T. Johnson. Other names have been relegated to obscurity because of a lack of interest or inability to participate in the rigorous contributory program. Membership was entirely by invitation and the organization remained informal up until this time. Its meetings were completely educational in scope and annual attendance, as well as full participation in the program, were a requirement for subsequent invitation.
The defendant moved to dismiss the complaint on the ground, among others, that violation of the statutory rule constitutes contributory negligence as a matter of law. The trial judge left to the jury the question whether failure to observe the statutory rule was a proximate cause of the accident. The trial judge found for P, which the appellate division affirmed. On this appeal, D argues the pedestrians were contributorily negligent as a matter of law for violating the statute.
The Pension Act of 2004 established a contributory pension scheme for people employed in the public and private sector of Nigeria. The amount that has to be contributed towards the pension is 7% of an employee's paycheck. It also states that in the event of an employee's death that the next-of-kin is to receive their pension and any benefits from their life insurance policy. In the act, it allows retired employees to receive retirement benefits.
When a patent is infringed by some party other than the one actually directly engaged in the infringement of the invention, but the original party is the cause of the infringement. For instance, when a third party supplies a product which is intended to be used, or can only be reasonably used or worked upon to make the device claimed in a patent. In some jurisdictions, forms of indirect infringements include "contributory infringement" and "induced infringement".
The Employees' Trust Fund (ETF), a social security programme, was established on 1 March 1981 under the Act No.46 of 1980 by the Parliament of the Democratic Socialist Republic of Sri Lanka to promote (i).employee ownership, employee welfare and economic democracy through participation in financing and investment (ii).employee participation in management through the acquisition of equity interest in enterprises and to provide for non-contributory benefits to employees upon retirement. All workers i.e.
Until their career took off, he worked as a plumber. In 1976, at the height of the band's popularity, Alan Longmuir left and was replaced by rhythm guitarist Ian Mitchell, a man ten years his junior, who would in turn make way for Pat McGlynn. Tam Paton, then the group's manager, alleged that Longmuir had tried to commit suicide. Paton's own conduct was later revealed as a contributory factor in the unhappiness of some band members.
On 26 May 1971, three South African Air Force Hawker-Siddelley HS125 (Code named Mercurius) aircraft crashed into Devil's Peak, killing all 11 on board. The aircraft were flying in close formation, practicing for a fly past during the upcoming 10th anniversary Republic Day celebrations on 31 May. A low cloud base was cited as a contributory factor. The impact was heard throughout the surrounding suburbs and scars in the ground can still be seen today.
On 1 July 1995, an East West Airlines Fokker F27, registered VT-EWE, was engaged in a touch-and-go landing training exercise at Vadodara Airport when the aircraft's left main landing gear failed on touchdown. The aircraft continued moving forward on its belly and skid to a halt on the runway. There was no fire and no injury to persons on board the aircraft. Poor maintenance was cited as a contributory factor in the accident.
Two dogs, belonging to the plaintiff and the defendant, respectively, were fighting and in the process of trying to break up the fight the defendant hit the plaintiff in the eye with a stick. In the trial court the defendant requested that instructions be given to the jury about contributory negligence and a standard resembling the reasonable person standard, but the judge declined to give the instructions. The jury rendered a verdict for the plaintiff, and the defendant appealed.
The report also stated that incorrect setting of the elevator trim tab may have been a contributory cause."Big job faces Coroner before finding" The Courier-Mail – 29 June 1949, p.7 (National Library of Australia) Retrieved 30 November 2011 The rear limit for the centre of gravity was 39% of Mean Aerodynamic Chord. The load sheet prepared for the fatal flight indicated the centre of gravity of VH-BAG was at 39.2% of Mean Aerodynamic Chord.
CCCERA is a contributory defined benefit plan, as mandated by the regulations of the CERL. This plan requires both employers and employees to contribute to the fund. A defined benefit retirement plan does not base future retirement benefits on how much the employee and employer contribute to the fund, nor do fluctuating investment returns play a role in determining final retirement allowances. Rather, a fixed formula, stipulated by the 1937 Act, determines members’ future retirement allowances.
Others too, have claimed her as Portuguese but research published by Zaman in 2012 has disputed Portuguese scholar, J. A. Ismael Gracias's belief that Akbar's wife or her sister were Portuguese. Many other ladies were also named Juliana. One Portuguese Lady Juliana Dias da Costa came later into Mughal history and her story may be contributory to the confusion with Lady Juliana Mascarenhas. Gracias describes Akbar's wife Maryam Makani being Maria Mascarenas and her sister being Juliana.
A failure to use standard radio phraseology was found to have been a contributory factor in the incident. The van had been seen by the crew just before they landed but it was assessed that a collision would still have occurred had a go-around been initiated. Twelve recommendations were made in the AETs final report. These included the installation of equipment that was capable of recording ATC communications with at least the previous 24 hours recordings being retained.
However, despite her excellent qualifications, her career progression was relatively slow. The fact that she was a woman in a profession dominated by men appears to have been a major cause of this. She is quoted as saying that men considered it an insult to have to work with women. A contributory factor was that research was not a high priority in her university at that time: the laboratory she established was the first at the university.
The building originally featured a number of open balconies on the Orwell Street facade, but many of these have been infilled over the years to provide more living space. The entry foyer and ground floor retains some original features such as a large hanging lantern (to match exterior bracket lanterns) along with sections of original walnut paneling. Although not heritage listed the building is a contributory item within the Potts Point/Elizabeth Bay Heritage Conservation Area.
This minimum pension (Allocation de Solidarité aux Personnes Agées or Minimum vieillesse in French) is the first level of the first pillar of the French pension system. It is a non-contributory pension introduced in 1956. It is targeted at people between 60 and 65 years old who have not been in paid work either for health reasons or because they were carers. It is available to both French and foreign citizens residing in France legally.
The 27-year-old aircraft was written off in the crash.AAIB Report The only casualties were two sheep. The Air Accidents Investigation Branch concluded that the accident had been primarily caused by the crew's mistaken belief that there was sufficient fuel on board to complete the flight. The aircraft's unreliable fuel gauges, the company's pilots' method of establishing total fuel quantity, and the imprecise company instructions regarding the use of dipsticks were also considered to be major contributory factors.
In 1974 he became the regional secretary in Leeds, and from 1984 represented the Midlands and Yorkshire on the union's executive council. His term as General Secretary was noted for increasing the membership and saving the union from division and financial chaos. He served on a number of construction industry bodies and on the Health and Safety Commission. He initiated and chaired the Construction Skills Certification Scheme and helped to negotiate the industry's first contributory pension scheme.
The estuaries of Western Australia (also known as the Inlets of Western Australia)The distinction between the two is that inlets do not necessarily have rivers entering into them, whereas estuaries do for the condition of their names, but inlets can have contributory rivers or other associated water bodies. are located along the coastline of Western Australia. The coastline can be considered in three main sections: south, west, and Kimberley. Some estuarine features carry through all three regions.
On November 3, 2015, Jeremy Mardis, a six-year-old boy, was killed by police in Marksville, Louisiana, in a shooting that also wounded his father Chris Few. Two Marksville law enforcement officers, Derrick Stafford and Norris Greenhouse Jr., were arrested on charges of second-degree murder and attempted second-degree murder as a result of the incident. The evidence from a police body-worn video camera was cited as being contributory to the speed of the arrests.
Speed, in Europe, is considered to be one of the main contributory factors to collisions. Some countries, such as France and Switzerland, have achieved a death reduction by a better monitoring of speed. Tools used for monitoring speed might be increase in traffic density, improved speed enforcement and stricter regulation leading to driver license withdrawal, safety cameras, penalty point, and higher fines. Some other countries use automatic time over distance cameras (also known as section controls) to manage speed.
The trial judge found contributory negligence on the part of the plaintiff for crossing the road without due regard for her own safety. For this reason, the judge could not positively find the defendant to be negligent. On the other hand, the trial judge was also unable to find that the defendant was "not guilty". In light of this, the plaintiff's claim would fail if it was brought in negligence instead of trespass, where fault is an essential element.
Moreover, they cited the crew's error of judgement and over-confidence when flying over the mountain mass as additional contributory factors. ;2 January 1952: An Amiot AAC.1 (F-BAMQ) crashed at Andapa, Madagascar, killing six of 11 on board. ;3 March 1952: A SNCASE SE.161/P7 Languedoc (F-BCUM) operating a passenger flight from Nice Le Var Airport to Paris Le Bourget Airport crashed shortly after take-off with the loss of all 38 lives on board.
Victor Talking Machine Co.,. in which the Court upheld an injunction against contributory infringement by a manufacturer of phonograph discs specially designed for use in a patented disc-and-stylus phonograph-player combination. Although the disc itself was not patented, the Court noted that it was essential to the functioning of the patented combination, and that its method of interaction with the stylus was what "mark[ed] the advance upon the prior art." Leeds & Catlin, 213 U.S. at 330.
"The Mercoid decisions left in their wake some consternation among patent lawyers [Footnote 15] and a degree of confusion in the lower courts.448 U.S. at 199. As a result: "Certain segments of the patent bar eventually decided to ask Congress for corrective legislation that would restore some scope to the contributory infringement doctrine. With great perseverance, they advanced their proposal in three successive Congresses before it eventually was enacted in 1952 as 35 U.S.C. § 271.
On the other hand, Hodgeman says the compromise made here may give Rohm & Haas too long an exclusive right: > Congress might consider enacting legislation that would limit a patent > owner's right to sue contributory infringers to a period of seven years, > when the patent owner (1) sells the patented invention's material, > nonpatented, nonstaple component, which has no substantial noninfringing > use, and at the same time (2) expressly refuses to license any competitors > to sell the component.Hodgeman, supra at 340.
The Act was passed by the new Labour government following World War II, along with a number of other workplace safety and common law reforms (e.g., Law Reform (Personal Injuries) Act 1948). This harsh common law defence subsisted longer in other countries than in the United Kingdom. An example is seen in The Wagon Mound (No 1) where the claimant conceded that a burning ship accident was unforeseeable in order to avoid the contemporary Australian contributory negligence bar.
39, No. 2 (June 1965), The University of Chicago Press, pp. 222–31 Although Hill drove her associates hard, she drove herself harder. In 1877, she collapsed and had to take a break of several months from her work. Darley ascribes a number of contributory causes: "chronic overwork, a lack of delegation, the death of her close friend Jane Senior, the failure of a brief engagement", as well as an attack on her by John Ruskin.
Around half of the movies had been removed as part of an updating process that involved removing dead links and attempts to replace them, as well as ensuring that the site worked more efficiently on various browsers and with new links to videos. In June 2007, the MPAA sued PeekVid (and Youtvpc.com) for contributory copyright infringement because it «searched for, identified, collected, and indexed links to illegal copies of movies and TV shows». The MPAA stated that Peekvid.
The California Supreme Court, aware of the recent trend toward comparative rather than contributory negligence, took the opportunity to reconsider the state's tort law on the subject. The only unique feature of the case is its reasoning on Section 1714 of the Civil Code, which had been thought to codify the "all-or-nothing" approach to contributory negligence: "Everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself. The extent of liability in such cases is defined by the Title on Compensatory Relief." The plain meaning of section 1714 was quite clear, but the court concluded that the California State Legislature had not meant to stop the evolution of the common law, which is quite normal in state tort law, but rather only to clarify the law that existed at the time.
British Westinghouse Ltd v Underground Ltd [1912] AC 673 But the burden of proof of a failure to mitigate is on a contract breaker, to whom the courts are unlikely to be sympathetic.See Banco de Portugal v Waterlow [1932] UKHL 1 A contract breaker could may also, if a concurrent liability arises in tort, argue a claimant's damages should be reduced to reflect their contributory fault, and the courts can reduce an award to achieve a just and equitable result.See the Law Reform (Contributory Negligence) Act 1945 ss 1 and 4 Sometimes potential profits will be too uncertain, or a general fall in market prices means that even claiming damages for the thing itself would leave one in a negative position, and so the courts allow a claimant to choose whether to sue, not for a failure in expectations, but to cover her expenses in preparing for the contract, or the "reliance interest". In Anglia Television Ltd v Reed[1972] 1 QB 60 a TV channel successfully sued Robert Reed for not turning up for shooting a film.
Philip Mattar states the overriding cause behind the dispossession of Palestinians lay in the Balfour Declaration, British policies and the combined military superiority of Yishuv forces and the Mandatory army. Husseini's initial moderation and then failure to compromise was a contributory factor, but not decisive. Zvi Elpeleg on the other hand compares him to Chaim Weizmann, David Ben-Gurion, and even to Theodor Herzl.: 'C'est surtout dans l'appréciation globale de l'ancien mufti de Jérusalem et de son action que nos deux historiens s'opposent.
Since MP3tunes failed to qualify for DMCA safe harbor protection for the EMI-identified infringing songs in its users' lockers, MP3tunes became liable for them. Accordingly, EMI's motion for summary judgement on its claim for contributory copyright infringement with respect to the songs listed in EMI's takedown notice was granted. The court rejected MP3tunes' claim that removing "personal property" from users' lockers would result in lawsuits against the company; the court held that under the DMCA, such suits would have no standing.
Of the total confirmed victims, 14,308 drowned, 667 were crushed to death or died from internal injuries, and 145 perished from burns.Jiji Press, "70% of missing aged 60 and older", Japan Times, 8 March 2012, p. 2. Tsunami damage between Sendai and Sendai Bay For the purpose of relief fund distribution, an "earthquake-related death" is defined as a case where the earthquake did not directly kill a person, but acted as a contributory factor that indirectly caused their death.
Use value takes into account a specific use for the subject property and does not attempt to ascertain the highest and best use of the real estate. For example, the appraisal may focus on the contributory value of the real estate to a business enterprise. Some property tax jurisdictions allow agricultural use appraisals for farmland. Also, current IRS estate tax regulations allow land under an interim agricultural use to be valued according to its current use regardless of development potential.
Another consideration was education. Before the late 1950s and the advent of the stately home business, very few working-class people had seen the upstairs of these great houses; those that had were there only to clean and serve, with an obligation to keep their eyes down, rather than uplift them and be educated. Thus ignorance of the nation's heritage was a large contributory factor to the indifference that met the destruction. There were, however, reasons other than public indifference.
Zurich Financial Services and the Russell Superannuation state that the Relationship Declaration can be tendered as evidence of an interdependent relationship. It will provide contributory evidence but not conclusive evidence – that is, other evidence will still have to be submitted in order to prove the relationship existed. When a person dies, the superannuation fund has limits on who it can distribute the dead person's superannuation funds to. For example, you have to prove you are a spouse or that you are interdependent.
Lack of sufficient exercise and development of muscle disuse atrophy probably contributed. Catabolic tissue processes may have been accentuated by increased cortisol secretion as a consequence of mission stress and individual crew member reaction to such stress. Additional factors associated with the return to Earth's gravity may also be implicated. This, the observed diminished stroke volume (cardiac output) is certainly contributory and, in turn, is a reflection of diminished venous return and contracted effective circulating blood volume induced by spaceflight factors.
Retrieved 5 August 2019 Living with Zimmerman's family for about a year, "The Truth about Robert Johnson", Riverside Blues Society, April 14, 2010. Retrieved 6 April 2019 Johnson became known by his initials, "R.L.". After practising together while sitting on tombstones in Beauregard Cemetery - though to be a contributory factor to the legend of Johnson "selling his soul to the Devil" in order to play well - the pair toured local lumber camps and juke joints before Johnson began performing on his own.
In 1953 the government introduced a number of reforms to the existing provision of health services. These reforms served as the basis for the future expansion in the provision of public health and aged care services. The first major health reform was the creation of a voluntary, contributory national health scheme through the National Health Act,1953. This was followed by the Aged Persons Homes Act, 1954, the Aged and Disabled Persons Care Act, 1954 and the Home Nursing Subsidy Act, 1956.
Prior to 2015, there was no law that legally defined the national health care model or mechanisms for regulating it. That year, the National Congress approved the Framework Law on Social Protection, which establishes a new modality for social protection. The law envisages a unified universal public health insurance system with coordinated benefits and services provided by the contributory and subsidized systems. The new model encourages a diversity of participating sectors and entities, with clear separation of the system's functions.
The Superannuation Act 1949 was an Act of Parliament passed in the United Kingdom by the Labour government of Clement Attlee. Amongst other changes, it ensured that pensions on a contributory basis were provided for the widow and dependants of an established civil servant. It also ensure that a civil servant retiring after his 50th birthday could retain accrued pension rights, which would become payable on his sixtieth birthday (although the Treasury could, on compassionate grounds, grant such a pension immediately).
To meet this challenge, Africa has been on a journey to design, finance and deliver social security to the continent. Many countries have transitioned in line with the multi-pillar model proposed by the World Bank in their 2005 report[1] and subsequent refinements. While each country has forged its own distinctive path, two main areas of focus have emerged. The first is the introduction of a basic safety net or non-contributory pension for those who have no other income.
The Commission was first established under the Securities Act 1978 which determines its powers and functions. The commissions role was modified and extended by a number of additional pieces of legislation. These include the Securities Markets Act 1988, the Investment Advisers (Disclosure) Act 1996, the Securities Regulations 1983, the Securities Act (Contributory Mortgage) Regulations 1988, and the Securities (Fees) Regulations 1998. The Financial Advisers Act 2008 gave the Securities Commission new responsibilities to register and set minimum standards for financial advisers.
The official daily report from the Department of Health and Social Care (DHSC) counts those who died after testing positive for coronavirus. It "could be the major cause, a contributory factor or simply present when they are dying of something else". From 29 April, the official figures include all coronavirus-positive deaths in the UK, wherever they happened.The different uses of figures on deaths from COVID-19 published by DHSC and the ONS. Office for National Statistics, 28 April 2020.
If the plaintiff's negligence was a cause of the injury, the plaintiff is barred from recovery. In an opinion written by Benjamin N. Cardozo, the New York Court of Appeals affirmed the Appellate Division's ruling that the trial judge's jury instruction was erroneous. The trial judge had instructed the jury to consider the plaintiff's statutory violation when determining whether the plaintiff was contributorily negligent. The Court of Appeals held that the question of contributory negligence should not have been submitted to the jury.
About 200 students take part in OSCAR Radio in various roles during any single broadcast period: technician, presenter, newsreader, manager, director, sales and marketing, and many other contributory roles. During OSCAR's broadcast period, the station transmits live between 7:30 and 8:30am, and between 5pm and 10:30pm every day. At other times, it broadcasts music and repeats of shows. Students are responsible for both the day-to-day running of the station and the quality of the broadcasts.
Other health blogs such as those associated with organisations or governments, pass information to the world about products and services, policies, discoveries and such. The blog acts as a contact point with the general public, communicating the intentions, such as marketing drugs, and/or opinion of the author. Authors have benefited from the viral spreading of content published within their target users. Health blogs have made it easier for contributory stakeholders to expend intent and/or necessary information to their target audience.
Educational disparities can be defined as unjust or unfair differences in educational outcomes that can be a result of difference in treatment of certain minority groups in schools, varying socioeconomic statuses, and varying educational needs. These disparities in education can ultimately lead to issues of mental health. When this happens, less privileged groups get looped into the cascading effects of inequality. Disparities in education, contributory to socioeconomic status, immigrant status, and ethnic/racial status can be another contributing factor to mental health inequality.
Karmakar's contribution was a film about Ramses, the eccentric owner of a declining burlesque bar in West Berlin. Karmakar also contributed to Fruits of Confidence, a project produced and directed by Alexander Kluge, a highly influential figure in postwar German cinema. Fruits of Confidence poses questions regarding who can be trusted in the wake of the financial crisis. Karamakar's contributory short film was titled Ralf Otterpohl, Wasserspezialist, and features interviews with a professor from Hamburg, who is an expert in water treatment.
If not, the liquidation will proceed as a creditors' voluntary winding-up, and a meeting of creditors will be called, to which the directors must report on the company's affairs. Where a voluntary liquidation proceeds as a creditors' voluntary liquidation, a liquidation committee may be appointed. Where a voluntary winding-up of a company has begun, a compulsory liquidation order is still possible, but the petitioning contributory would need to satisfy the court that a voluntary liquidation would prejudice the contributors.
He was a trustee of the Scottish Parliamentary Contributory Pension Fund. On 19 May 2010, it was announced that he would step down at the next Holyrood election, to be held on 5 May 2011. In February 2011 he caused controversy when he suggested that a woman who was recently gang-raped in Glasgow may have been a prostitute, as the victim claimed that she was dragged from one side of the city centre to another, a location known for prostitution.
The Joseph Carpenter Silversmith Shop is an example of a small frame silversmith's shop, and is believed to be the only surviving example in New England. The shop was added to the National Register of Historic Places on October 6, 1970 and it was listed as a contributory property for the Norwichtown Historic District on January 17, 1973. and As early as 1917, the shop was the subject of a preservation effort. The shop was photographed by the Historic American Buildings Survey.
A claim under one of the Occupiers' Liability Acts does not exclude a simultaneous claim in negligence, known as suing "in the alternative". Very often, both claims are brought at the same time. As in negligence, once the claimant has proved that the defendant was in breach of his duty towards him under the Occupiers' Liability Act, he must go on to prove damage and factual and legal causation. Defences, such as contributory negligence, assumption of risk, ex turpi causa etc.
The causes of schizophrenia have been the subject of much debate, with various factors proposed and discounted or modified. The language of schizophrenia research under the medical model is scientific. Such studies suggest that genetics, prenatal development, early environment, neurobiology, and psychological and social processes are important contributory factors. Psychiatric research into the development of the disorder is often based on a neurodevelopmental model (proponents of which see schizophrenia as a syndrome.) However, schizophrenia is diagnosed on the basis of symptom profiles.
Other contributory factors included a mistaken wing flap configuration and the resulting inadequate airspeed at rotation. The aircraft itself sustained substantial damage and required extensive repairs in order to be restored to an airworthy condition.Public transport accidents, World News, Flight International, 7 August 1975, p. 171Handley Page Herald Series 201 (G-APWF) - Report on the accident at London (Gatwick) Airport, Runway 26 on 20 July 1975, Department of Trade Accidents Investigation Branch (AIB), Her Majesty's Stationery Office, London, 1977, pp.
His efforts at reform encountered resistance, however, and within a year, he had to resign his judgeship. A contributory factor to his decision to resign may have been the heavy personal blow that struck him in 1384, when a ship carrying his wife and children sank off the coast of Alexandria. Ibn Khaldun now decided to complete the pilgrimage to Mecca, after all. After his return in May 1388, Ibn Khaldūn concentrated more strongly on a purely-educational function at various Cairo madrasas.
The following year, it released the V64 Jr, a lower cost model without a CD-ROM drive. The company also began selling rewritable flash memory cards for the Game Boy, and a programming interface called the GB Xchanger. During this time period, Nintendo became increasingly aggressive at trying to stop Bung and the sale of its products. Nintendo first filed lawsuits in the United States against retailers Carl Industries and Upstate Games, accusing them of contributory copyright infringement for selling Bung products.
Cover of Art & Letters, Spring 1920, co-edited by Frank Rutter Rutter, along with Harold Gilman and Charles Ginner had planned the launch of a journal, Art & Letters, for Spring 1914, but this was delayed by the outbreak of the war.Robins gives Gilman's death in 1917 as contributory to the publication delay. However, Gilman died in 1919 (Oxford Dictionary of National Biography). It began publication in July 1917 as an illustrated quarterly,Art and Letters, Vol. 1, No. 1, July 1917, "Contents".
Along with these moves a Workers Contributory Fund had been established which encouraged local Nottinghamshire employees to contribute one penny a week towards the £100,000 estimated to open the college. By 1948 some 17,000 workers had agreed to take part in the scheme and by 1949 a total of 20,000 workers were in the scheme. The Foundation stone was laid by the then Princess Elizabeth, the future Queen on 29 June 1949. By the end of the year £90,000 () had been raised.
The fundamental macroecological question that the latitudinal diversity gradient depends on is "What causes patterns in species richness?". Species richness ultimately depends on whatever proximate factors are found to affect processes of speciation, extinction, immigration, and emigration. While some ecologists continue to search for the ultimate primary mechanism that causes the latitudinal richness gradient, many ecologists suggest instead this ecological pattern is likely to be generated by several contributory mechanisms (Gaston and Blackburn 2000, Willig et al. 2003, Rahbek et al. 2007).
The UHI Millennium Institute, which is a collection of various colleges from across the Scottish Highlands and Islands entered a team in the University Shinty League for the first time in 2008. As the UHI has institutions in areas such as Inverness-shire and Lochaber they can draw on a strong pool of players. By 2011 however UHI had folded, the difficulty in fulfilling midweek fixtures for a team made up mostly of tradesmen spread across the Highlands was a contributory factor.
In 1947, Ford had offered its workers a choice between a contributory pension plan and wage increases. While the UAW took wage increases at the time, Reuther suspected that Ford might be most amenable to a pension plan. New management and an aging workforce at Ford also suggested that the UAW would have the best chances of success with Ford. In September 1949, to avoid a strike, Ford agreed to pay $20 million a year to pay the entire cost of pensions.
Sometimes, parents set expectations for their child that are clearly beyond the child's capability. When parents' expectations are far beyond what is appropriate to the child (e.g., preschool children who are expected to be totally responsible for self-care or provision of nurturance to parents) the resulting frustration caused by the child's non-compliance is believed to function as a contributory if not necessary cause of child abuse. Most acts of physical violence against children are undertaken with the intent to punish.
The contributory factors in the decline of Srivijaya were foreign piracy and raids that disrupted trade and security in the region. Attracted to the wealth of Srivijaya, Rajendra Chola, the Chola king from Tamil Nadu in South India, launched naval raids on ports of Srivijaya and conquered Kadaram (modern Kedah) from Srivijaya in 1025. The Cholas are known to have benefitted from both piracy and foreign trade. At times, the Chola seafaring led to outright plunder and conquest as far as Southeast Asia.
However, Seelig was adamant that Kraft had never been violent towards him and that he had never seen him display violent tendencies. Kraft's relationship with Seelig is believed to be a contributory factor in the sudden lull in murders he is known to have committed.. He is not known to have killed again until December 10, 1976. The body of the victim, 19-year-old Paul Joseph Fuchs, has never been found. Nonetheless, Fuchs' name is clearly listed upon Kraft's scorecard.
Aruna Roy has been at the forefront of a number of campaigns for the rights of the poor and the marginalised. These have included, most prominently, the Right to Information, the Right to Work (the NREGA), and the Right to Food. More recently, she has been involved with the campaign for universal, non-contributory pension for unorganised sector workers as a member of the Pension Parishad and the NCPRI for the passage and enactment of the Whistleblower Protection Law and Grievance Redress Act.
While cannabis use is accepted as a contributory cause of schizoaffective disorder by many, it remains controversial, since not all young people who use cannabis later develop psychosis, but those who do use cannabis have an increased odds ratio of about 3. Certain drugs can imitate symptoms of schizophrenia (which we know has similar symptoms to schizoaffective disorder). This is important to note when including that substance-induced psychosis should be ruled out when diagnosing patients so that patients are not misdiagnosed.
River Chess, under drought conditions, at Waterside, Chesham The river suffered from a severe lack of water for approximately two years between 2004 and 2006 and again in 2011 and 2012. Well below average rainfall over long periods was a contributory factor. Winter rainfall is particularly important for replenishing ground water. However, the exceptional rainfall in April and June 2012 allowed the ground water to slowly rise at a time of the year when ground water levels usually start to fall.
Justice Brandeis Justice Brandeis delivered the opinion for a unanimous Court, reversing the Third Circuit. The first sentence of the opinion telegraphed the result: " The question for decision is whether the owner of a process patent may by suit for contributory infringement suppress competition in the sale of unpatented material to be used in practicing the process."302 U.S. at 459. Brandeis recognized that Barber did not grant licenses on the process subject to a condition that the licensee buy bit3em from Barber.
After losing their investment of $750,000 in Burbery Mortgage Finance & Savings Ltd, the plaintiffs sued the auditors to recover their investment, on the basis that without their audit certificate, that under the Securities Act, there would not have been a prospectus, and so no investment in the first place. In the High Court, they won their claim, albeit reduced by 50% due to contributory negligence due to the fact that it was a speculative investment in the first place. The auditors appealed.
It was said that the Mercoid cases "effectively eliminated a patent holder's ability to prevent a competitor from making and selling a component that had no use other than as part of a patented invention," and that as a result, "Congress stepped in to breathe new life into the doctrine of contributory infringement and to push back the borders of the patent misuse doctrine."See at 18. The Supreme Court, in Dawson Chemical Co. v. Rohm & Haas Co.,448 U.S. 176 (1980).
In addition to being patent misuse, the plaintiffs' conduct violated the antitrust law and made Mercoid entitled to an injunction against it.43 F. Supp. at 695-96. The court ordered that the complaint should be dismissed, and enjoined each plaintiff from bringing suit for contributory infringement of the patent against Mercoid's customers, and from directly or indirectly threatening its customers with suit for such infringement of the patent, or in any manner interfering with Mercoid's business by use of the patent.
They provide: The Court explained the reason for the doctrine of contributory infringement: > It exists to protect patent rights from subversion by those who, without > directly infringing the patent themselves, engage in acts designed to > facilitate infringement by others. This protection is of particular > importance in situations . . . where enforcement against direct infringers > would be difficult, and where the technicalities of patent law make it > relatively easy to profit from another's invention without risking a charge > of direct infringement.448 U.S. at 189.
Dawson argued that post-1952 decisions of the Supreme Court such as the two Aro decisions, continued to follow Mercoid and rejected the majority's interpretation of § 271(d). In Aro Mfg. Co. v. Convertible Top Replacement Co. (Aro I), (Aro I). the Court had considered whether Aro's supplying to GM car owners a piece of common fabric cut to fit the contours of a patented convertible top combination, where the owners wanted to replace a worn top, was contributory infringement.
If claimants have paid enough National Insurance they can claim contributory ESA. Income-related ESA is for people who have not paid enough National Insurance contributions and is subject to a means test and certain other conditions (although the amount paid as contributions-based ESA can also be affected by financial circumstances). A person must have capital of less than £16,000 to be eligible for income-based ESA. This includes any savings that the claimant or their spouse or partner may own.
In the High Court, Butler J decided that the defendants were in breach of their statutory duty but found the plaintiff to be guilty of contributory negligence. The defendants appealed the High Court’s finding of liability to the Supreme Court. The Supreme Court faced two primary questions: first, the degree of culpability necessary to trigger liability under Section 4; and, second, how to characterise the culpability, if any, that attached to the defendant’s failure to erect a warning notice at the relevant location.
Geoffrey Macnab from The Independent also rated the documentary five out of five, reviewed it as "brilliant" and "unutterably sad", and stated: "There were many, many contributory factors to Amy Winehouse going off the rails, which are explored in the effect of Amy". According to The Guardian, Amy has been placed at no. 3 out of "The 50 Best Films of 2015 in Australia" at the end of the year and has been placed at no. 6 out of "The 50 Best 2015 Films in the UK".
The Widow’s Pension was one of the oldest established part of the Social Security system in the United Kingdom. It was replaced by Bereavement benefit in April 2001. Benefits for Widows were first established by the Widows', Orphans' and Old Age Contributory Benefits Act 1925 at a rate of 10 shillings a week for life, to stop on remarriage. To get any benefit as a widow a woman had to be married to her husband, and be his only wife, at the time of his death.
"Cork plane crash: Two passengers emerge from air disaster unscathed" Belfast Telegraph 11 February 2011. The Air Accident Investigation Unit published its final report in January 2014. It stated that the probable cause of the accident was loss of control during an attempted go- around below decision height in instrument meteorological conditions (IMC). The report mentioned as contributory factors the inappropriate pairing of flight crews, inadequate command training and checking, and inadequate oversight of the charter operation by the operator and the operator's state.
154-56 In 1896 he entered the second Di Rudinì cabinet as minister of the treasury, and by timely legislation helped to save the bank of Naples from failure. Following the revolt and suppression of the Fasci Siciliani (1891–1894), Luzzatti introduced two measures of social legislation in 1898. The industrial workmen's compensation scheme from 1883 was made obligatory with the employer bearing all costs; and a voluntary fund for contributory disability and old age pensions was created.Seton-Watson, Italy from liberalism to fascism, pp.
According to reports Lezgins in Dagestan suffer disproportionately from unemployment, with unemployment rates in Lezgin-populated areas of southern Dagestan twice the republican average of 32 per cent. This may be one contributory factor to renewed calls from within the Sadval movement in January 2006 for a redrawing of the Russian-Azerbaijani border to incorporate Lezgin-populated areas of southern Dagestan within Azerbaijan. In March 1999 another organization, the Federal Lezgin National Cultural Autonomy, was established as an extraterritorial movement advocating cultural autonomy for Lezgins.
In October, the Nationalists launched a major offensive toward Madrid, reaching it in early November and launching a major assault on the city on November 8. The Republican government was forced to shift from Madrid to Valencia, out of the combat zone, on November 6. However, the Nationalists' attack on the capital was repulsed in fierce fighting between November 8 and 23. A contributory factor in the successful Republican defence was the arrival of the International Brigades, though only around 3,000 of them participated in the battle.
Sans Souci (meaning 'without care', now known as Palma Rosa) is a three-level sandstone house built in 1886-87, possibly as a speculative venture for, and to the design of Andrea Stombuco. It is one of Stombuco's most flamboyant residential designs, erected at the pinnacle of his success in Queensland. Ironically, construction of the building may also have been a strong contributory cause to his near insolvency in the late 1880s/early 1890s. Stombuco had obtained title to the Sans Souci site in 1886.
The Act provided for a non-contributory old age pension for people over the age of seventy, with the cost being borne by taxpayers generally. It was enacted in 1908 and was to pay a weekly pension of 5s a week (7s 6d for married couples) with effect from 1 January 1909. The level of benefit was deliberately set low - the approximate equivalent of £ 23 in 21st century termsA Roberts, Churchill (2018) p. 129 \- to encourage workers to go on making their own provision for retirement.
Sharp currently referees on the national Contributory List of match referees. Sharp was promoted to the FIFA list of match officials on 1 January 1997. His progression, internationally, was exceptional being appointed to hold the flag in the opening game of his first senior tournament, the year 2000 European Championship and the semi-final of that tournament. In the 2002 FIFA World Cup Sharp was appointed to five games in total, including the Croatia v Italy match and the final between Germany and Brazil.
Pensions are available to MSP's and specified office holders (including the Lord Advocate and the Solicitor General, but not First Minister or Presiding Officer, where separate arrangements exist). They are paid out of a fund known as the Scottish Parliamentary Contributory Pension Fund, and administered by the SPCB. Participants contribute 6% of their salaries or, where applicable, 6% of a ‘permitted maximum’ salary. Participants can apply for an early pension where they cease to be a contributor because of ill health before attaining the age of 65.
In 677Stenton Anglo Saxon England p. 136 or 678, Wilfrid and Ecgfrith quarrelled, and Wilfrid was expelled from his see. Abbess Hilda of Whitby was a leader in a faction of the Northumbrian church that disliked Wilfrid, and her close ties with Theodore helped to undermine Wilfrid's position in Northumbria. Another contributory factor in Wilfrid's expulsion was his encouragement of Æthelthryth's entry into a nunnery; he had personally given her the veil, the ceremony of entering a nunnery, on her retirement to Ely Abbey.
In Spain, the ingreso mínimo vital is an economic benefit guaranteed by the Social security in Spain in its modality no contributory. The IMV is defined as a "subjective right" and is intended to prevent poverty and social exclusion of people who live alone or integrated in a coexistence unit, when they are in a situation of vulnerability due to lack of sufficient financial resources to cover their basic needs. The benefit, which is not fixed and varies depending on various factors, ranges between and .
David Blair (or Davy) (11 November 1874 – 10 January 1955) was a British merchant seaman with the White Star Line, which had reassigned him from the RMS Titanic just before its maiden voyage. Due to his hasty departure, he accidentally kept a key to a storage locker believed to contain the binoculars intended for use by the crow's nest lookout. The absence of any binoculars within the crow's nest is believed to be one of the main contributory factors in the Titanic’s ultimate demise.
Muckross House is a mansion designed by the British architect, William Burn, built in 1843 for Henry Arthur Herbert and his wife, the watercolourist Mary Balfour Herbert. With sixty-five rooms, it was built in the Tudor style. Extensive improvements were undertaken in the 1850s in preparation for the visit of Queen Victoria in 1861. It is said that these improvements for the Queen's visit were a contributory factor in the financial difficulties suffered by the Herbert family which resulted in the sale of the estate.
It was during his tenure that the Pelletron Accelerator, a joint project of the TIFR and the Bhabha Atomic Research Centre was approved. He inspired Govind Swarup to prepare the proposal for the establishment of the Giant Metrewave Radio Telescope (GMRT) at Khodad, Pune. It was under his directorship, TIFR staff was included in the BARC contributory health service scheme. He also initiated a staff pension scheme, the proposal for company quarters for TIFR employees, subsidised housing loans and welfare schemes for lower grade staff.
Before 1948 there was a Mental Hospital Board which was responsible for Ballamona Hospital under the Poor Relief Acts and three voluntary hospitals: Ramsey Cottage Hospital, Noble’s Hospital and the Jane Crookall Maternity Home on the island – each of which had its own management committee. There was a Hospitals Contributory Scheme. White Hoe Hospital was run by the Corporation of Douglas. There were proposals, by the Corrin Trustees who had collected funds, to establish a hospital in Peel but they were halted by the outbreak of war.
The Employees' Provident Funds Scheme, 1952 framed under section 5 of the Act was brought into force by stages and was enforced in its entirety by 1 November 1952. The Acts and Schemes framed under it are administered under a tri-partite board know as the Central Board of Trustees, Employees' Provident Fund, consisting of representatives of Government (Central and State), Employers and Employees. The Board administers a contributory provident fund, pension scheme and an insurance scheme for the workforce engaged in the organized sector in India.
Harvard Rhetorical Society The concern was a contributory factor in garnering support for the Spanish–American War in the U.S. After independence, and following a sustained period of instability, the 1924–33 government of Gerardo Machado proved to be authoritarian. Machado extended his rule until Fulgencio Batista led an uprising called the Revolt of the Sergeants, as part of a coup which deposed Machado in 1933. Batista then became the strongman behind a succession of puppet presidents until he was himself elected president in 1940.
Consumers of electricity rose from three-quarters of a million in 1920 to nine million in 1938, with annual growth of 700,000 to 800,000 a year (the fastest rate of growth in the world). One of his legislative reforms was a paradigm shift in his party. This was the Widows, Orphans and Old Age Contributory Pensions Act of 1925, which provided a pension of 10 shillings a week for widows with extra for children, and 10 shillings a week for insured workers and their wives at 65.
MDY Industries appealed the judgment of the district court, and a judgment was delivered by the Ninth Circuit Court of Appeals on 14 December 2010. In the ruling, the summary judgment against MDY for contributory copyright infringement was reversed. The court ruled that "for a licensee's violation of a contract to constitute copyright infringement, there must be a nexus between the condition and the licensor's exclusive rights of copyright. Here, WoW players do not commit copyright infringement by using Glider in violation of the [terms of use]".
He made just two appearances, both from the bench, and played his final game for Wigan on 7 September 1996, 30 minutes against Scunthorpe. Seba then had trials at Burnley and Bristol Rovers, before being allowed to leave the club by Deehan in October 1996, having started 11 times and featuring from the bench on 16 further occasions. He found it most difficult to settle of the three Spaniards, and his struggle to grasp the English language was another contributory factor in his departure.
Letters and Papers of the Reign of Henry VIII, volume 19, part 1, page 153, no. 273. His war service was probably a contributory factor when, on 11 March 1544, Blagge, the "King's servant," was granted the stewardship of the manor of Maidstone. However, the post had previously been held by his friend, Thomas Wyatt and the terms of the grant made clear that Blagge was appointed in his place.Letters and Papers of the Reign of Henry VIII, volume 19, part 1, page 643, no. 37.
Isolated mechanical forces may not adequately explain ventilator induced lung injury (VILI). The damage is affected by the interaction of these forces and the pre-existing state of the lung tissues, and dynamic changes in alveolar structure may be involved. Factors such as plateau pressure and positive end-expiratory pressure (PEEP) alone do not adequately predict injury. Cyclic deformation of lung tissue may play a large part in the cause of VILI, and contributory factors probably include tidal volume, positive end-expiratory pressure and respiratory rate.
The Lake totals approximately and is supplied by the River Teise (contributory to the River Medway), which rises in the valley Dunorlan Park is set into. The river was dammed twice to form a pond, and subsequently the lake. The lake then flows over a cascade into the Victorian water garden and pond before reaching the fountain. Protracted repairs to the main dam required the lake to be lowered, drawing attention to the heavy silting and the failure of the stream feeding the water system.
The Gresford disaster occurred on 22 September 1934 at Gresford Colliery, near Wrexham, in northeast Wales, when an explosion and underground fire killed 266 men. Gresford is one of Britain's worst coal mining disasters: a controversial inquiry into the disaster did not conclusively identify a cause, though evidence suggested that failures in safety procedures and poor mine management were contributory factors. Further public controversy was caused by the decision to permanently seal the colliery's damaged districts, meaning that only eleven of those who died were recovered.
The case came out of a traffic accident between the plaintiff and the defendant in which both of them had been found to have been driving negligently. The plaintiff (Li) had attempted to cross three lanes of oncoming traffic to enter a service station; the defendant's (Yellow Cab Co.) driver was traveling at an excessive speed when he ran a yellow light just before striking the plaintiffs car. The doctrine of contributory negligence in California law at the time would have prevented any recovery to Li.
The other five are contributory in that, while not defining all successful campaigns, at least one of the conditions was present. #Air Superiority: Defined as largely unimpeded access to an enemy's airspace, air superiority is vital to a successful interdiction campaign. No interdiction campaign has succeeded where the interdictor had to fight for air superiority at the same time. #Intelligence: Having sufficient intelligence of an enemy's disposition is important not only for knowing what to attack, but when and in what manner to attack them.
United States, 249 US 211 (1919) Critically, the courts held state and federal attempts to create social security to be unconstitutional.State Board of Control v Buckstegge, 158 Pac 837, 842 (1916) Arizona Supreme Court striking down a new state pension law. Railroad Retirement Board v Alton Railroad Co, 295 US 330 (1935) striking down a compulsory contributory pension scheme for rail workers. Because they were unable to save in safe public pensions, millions of people bought shares in corporations, causing massive growth in the stock market.
It is this interaction that causes an infringing image > to appear on the user's computer screen. Google may facilitate the user's > access to infringing images. However, such assistance raised only > contributory liability issues and does not constitute direct infringement of > the copyright owner's display rights. … While in-line linking and framing > may cause some computer users to believe they are viewing a single Google > Web page, the Copyright Act, unlike the Trademark Act, does not protect a > copyright holder against acts that cause consumer confusion.
The derailment also caused some damage to the first two carriages of the train, to the track and to one signal. The immediate cause of the incident was a roll of fire-resistant blanket, approximately 1.8m long, lying across one rail. The blanket had been stored in a passage the previous night and weighted down, but the wind from passing trains had caused it to unfurl and fall onto the line. There were four causal factors and four contributory factors related to the incident.
Employees were said to assume the ordinary risks inherent in the workplace. And where an employee's own negligence (no matter how slight) contributed to his injury, he was barred from recovering damages, even from a negligent employer. The contributory fault doctrine connected the law of work risks to a much broader array of nineteenth-century legal rules that limited the law's risk-spreading capacity. People entering onto someone else's land were owed only a limited duty of care, and sometimes no duty of care at all.
The same framework can be applicable in some areas of healthcare. For example, a latent failure could be the similar packaging of two drugs that are then stored close to each other in a pharmacy. Such a failure would be a contributory factor in the administration of the wrong drug to a patient. Such research led to the realization that medical error can be the result of "system flaws, not character flaws", and that greed, ignorance, malice or laziness are not the only causes of error.
Ivybridge Community College is a state-funded secondary school and academy in Ivybridge, Devon, England. Located on the southern slopes of Dartmoor, it takes students from the surrounding of the South Hams, from 14 contributory primary schools. It is the second-largest secondary school in Devon and among the ten largest secondary schools in England, with over 2,400 pupils, few of whom are from ethnic minorities and 14% of whom are registered special educational needs pupils. The school has a partnership with Yothinburana School in Bangkok, Thailand.
He found the spinal area had a "pulpy softening of the muscles", which he ascribed to the contraction of the muscles during the flogging. This softening may, however, have arisen as a result of bacterial infection of the blood, which was not yet known to science. Wilson found that White's internal organs were inflamed, he described this as a direct result of the flogging and a contributory factor to White's death. He thought that the skin, which was well healed, disguised the internal issues.
A scarce resident breeder in laurisilva forests, the trocaz pigeon lays one white egg in a flimsy twig nest. Its numbers fell sharply after human colonisation of the Madeira archipelago, and it vanished altogether from Porto Santo Island. The major cause of its population decline was habitat loss from forest clearance, but hunting and nest predation by introduced rats were also contributory factors. Protection of the laurel forests and a ban on hunting have enabled numbers to increase, so that the species is no longer endangered.
This was viewed as unnecessarily harsh and therefore amended to a comparative negligence system in many states; as of 2007 contributory negligence exists in only a few states such as North Carolina and Maryland. In comparative negligence, the victim's damages are reduced according to the degree of fault. Comparative negligence has been criticized as allowing a plaintiff who is recklessly 95% negligent to recover 5% of the damages from the defendant. Economists have further criticized comparative negligence as not encouraging precaution under the calculus of negligence.
As the arena floor was already set up as an ice rink for a different attraction, Wakeman chose to present the show as an ice pageant with fourteen ice skaters and the musicians' stage placed in the round and decorated as a castle. The shows, though well received and a contributory factor to the album's commercial success, were expensive to produce. In 2009, the concerts were listed in 79th position on the 100 Greatest Shocking Moments in Rock and Roll program broadcast on VH1.
The climate is continental (long, hot summers, cold winters) with extremes of temperature over the course of the year: 38 °C in summer and -8 °C in winter. The “cierzo” a cold northerly wind, helps to keep the humidity low. The main problems for the grape-growers are the risk of hailstones, the strong winds and excessive summer heat, as drought can affect the harvest. However the large difference between daytime and night-time temperatures is a positive contributory factor to the characteristic intensity of Cariñena wines.
Such usage of non-armoured piping had no relevance to the accident. The then-current conditions existing at Croydon Airport meant that pilots were unable to comply with certain parts of the Air Navigation (Consolidation) Order, 1923 and that the condition of the airfield was at least a contributory factor in the accident. It also found that clarification of the meaning of the word "flight" in parts of the order was needed. No negligence was found on the part of the Air Ministry or Imperial Airways.
Viewers do not hold broadcast news as particularly credible and the credibility of broadcast news in the public's eyes is in decline. There is increasing evidence of public skepticism of media content. The General Social Survey charts a slide in media credibility ratings since the late 1980s. Contributory factors may include a perception that powerful people and organizations influence the press, doubt about media fairness, doubt about journalists' willingness to admit error, cynicism about standards and performance, and questions about values, morals and partisanship.
In Australia, they are known as superannuation funds. Similarly, India has a scheme called PPF and EPF, that are loosely similar to 401(k) schemes, wherein the employee contributes 7.5% of his / her salary to the provident fund and this is matched by an equal contribution by the employer. The Employees' Provident Fund Organisation (EPFO) is a statutory body of the Government of India under the Ministry of Labour and Employment. It administers a compulsory contributory Provident Fund Scheme, Pension Scheme and an Insurance Scheme.
Hilburg proffers that every crisis is an opportunity to showcase an institution's character, its commitment to its brand promise and its institutional values. To address such shareholder impact, management must move from a mindset that manages crisis to one that generates crisis leadership. Research shows that organizational contributory factors affect the tendency of executives to adopt an effective "crisis as opportunity" mindset. Since pressure is both a precipitator and consequence of crisis, leaders who perform well under pressure can effectively guide the organization through such crisis.
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age. Social security systems provided for by states consist of social insurance programs, which provide earned benefits for workers and their families by employment contributions, and/or social assistance programs which provide non- contributory benefits designed to provide minimum levels of social security to persons unable to access social insurance.
The site only linked to anime that had not been licensed by any American companies. Once a title was licensed, the corresponding fansub links were removed from the site and the series was listed on its licensed list. Nonetheless, although none of the files were hosted on the site itself, AnimeSuki could be held accountable for violating copyright law, as linking to sites that themselves infringe on the law has been considered a form of contributory infringement in the United States (Intellectual Reserve v. Utah Lighthouse Ministry).
The court held that the Sargent patent did not protect the hyperlink technology used by Prodigy and other ISPs. Additionally, since Prodigy had not directly infringed BT's patent, Prodigy could not be held liable for contributory infringement and active inducement of infringement. The court held that there were no disputed issues of material facts, since the Sargent patent was dissimilar to the Web technology used by ISPs including Prodigy. Thus, the court granted Prodigy's motion for summary judgement to dismiss the patent infringement claims.
Plaintiffs alleged both contributory and vicarious copyright infringement by Napster, and soon filed a motion for a preliminary injunction in order to stop the exchange of plaintiffs' songs on the service immediately. Judge Marilyn Hall Patel of the United States District Court for the Northern District of California granted the preliminary injunction, on the grounds that the plaintiffs demonstrated a reasonable likelihood of success. She issued an injunction which preliminarily enjoined Napster Napster appealed to United States Court of Appeals for the Ninth Circuit.
Justice Black, joined by Justice Murphy, concurred specially "to add a few remarks in order that silence may not be understood as acquiescence in the views expressed in the dissenting opinion" of Justice Frankfurter. First, he said, the Court's ruling involved no dicta; what was said was necessary to resolve the case. More important, he condemned the dissent's "error of interpreting legislative enactments on the basis of a court's preconceived views on 'morals' and 'ethics.' " Nothing in the federal patent statute refers to contributory infringement.
In October, the Francoist troops launched a major offensive toward Madrid, reaching it in early November and launching a major assault on the city on 8 November. The Republican government was forced to shift from Madrid to Valencia, outside the combat zone, on 6 November. However, the Nationalists' attack on the capital was repulsed in fierce fighting between 8 and 23 November. A contributory factor in the successful Republican defense was the effectiveness of the Fifth RegimentComín Colomer, Eduardo (1973); El 5º Regimiento de Milicias Populares. Madrid.
" That was wrong for two reasons. First, Rohm & Haas could collect royalties from its licensed competitors, who would need licenses to avoid contributory infringement liability. Second, "it also is fundamentally inconsistent with the congressional policy 'to preserve and foster competition' in the sale of unpatented materials, a policy that, as we have recognized, survived enactment of § 271." The majority "acknowledges that respondent refused to license others to sell propanil, but it observes that 'nothing on the face of the statute requires it to do so.
875, 897–98 (1981). Since Congress had not spoken one way or the other about tying nonstaples, Sherry argues, the Court should have looked to the patent law policy that disfavors contributory infringement, to the misuse policy disfavoring tie-ins, and considered each. Had it done so, "it might have opted for a more cautious and reasonable resolution to the Dawson conflict." Sherry maintains: > A tying scheme can enhance the economic reward received by a patent owner > making the legal monopoly more profitable to the inventor.
During the winter months, the fighting had reduced to small skirmishes. Korbel opined that the arrival of the commission before the fighting renewed in the summer months could have had a dampening effect. When the commission eventually got down to work, the political and military situation was quite different from what it had been in January–April 1948. It was later discovered that a contributory factor for the delay was Pakistan's failure to nominate its representative on the UN commission until 30 April 1948.
In the early hours of 10 September 1925, Hanlon got out of bed at home apparently intending to go downstairs, but slipped and fell. He was found unconscious at the foot of the staircase, where he died of a fractured skull and laceration of the brain. The inquest jury found that the after-effects of his war service were a contributory factor in his fall. His funeral was well attended, and hundreds of people, including children from local schools, lined the route of his cortege.
Survivors' insurance is a compulsory and contributory insurance "which provides a monthly pension to survivors including spouse, children and parents in case the insurance holders become deceased due to a reason other than work accident and occupational diseases. The rights provided under survivors’ insurance are survivors’ pension, death grant, marriage allowance for the girls who are receiving monthly pension and funeral allowance." A pension is dependent on other factors such as how long they have held insurance and if they received disability or old age insurance.
On 6 August 2009, a Gripen from F 17 Kallinge belly-landed and skidded off the runway, after the pilot forgot to extend the landing gear before landing. A minor fire broke out, but it was soon put out by the airbase fire brigade. The pilot escaped unharmed and could walk away from the aircraft. According to the SHK report, a contributory cause was high mental workload because the pilot had recently transitioned to flying JAS 39C, which uses international units (feet, knots) instead of metric units (meters, km/h).
Despite rumors of methadone use due to its involvement in the death of Smith's son, Perper only found methadone in her bile, indicating it was probably ingested 2–3 days prior to her death, and therefore was not a contributing factor.Anna Nicole Smith Autopsy Released – March 26, 2007 pg. 12 The autopsy report indicates that abscesses on her buttocks, presumably from prior injections of vitamin B12 in the form of cyanocobalamin, as well as human growth hormone, and viral enteritis were contributory causes of death. Tests for influenza A and B were negative.
Friern Barnet Urban District was a local government area in Middlesex, England created in 1883 from the civil parish Friern Barnet. It was succeeded by the London Borough of Barnet in 1965 as one of the smaller of its contributory predecessor districts. It was at the local level governed for nine years by the local board, then by Friern Barnet Urban District Council which operated primarily with separate functions from the County Council, operating occasionally for major planning decisions and major projects together with that body, Middlesex County Council.
Contrary to Serbia's expectations Russia did not officially enter the war and the changes made in the war and the operational plan disrupted the entire war concept of the Serbian General Staff. Chernyayev's insistence on continuing attacks on Turkish fortified positions after the failure of his opening offensive was a contributory cause of defeat. This was the main cause of the unsuccessful attacks by the Serbian army on Niš, Drina, and Ibarska. On 31 October 1876 Russia finally presents an ultimatum to the Turks and force them to conclude an armistice.
The Telegraph piece says 1985, the Irish Independent 1984. and a Swedish mother who, suffering from severe depression, committed suicide 18 months later, shortly before her daughter began studies at the Royal Academy of Dramatic Art. At the time of the revelations of her affair, de Sancha was described by some news outlets as a "soft-porn actress" because she had played the part of a prostitute in a film in which she had simulated sex. The affair with Mellor was a contributory factor in his subsequent resignation from the cabinet on 24 September 1992.
Gibbons was flying the Gipsy II- engined Spartan Three Seater G-ABTT, and came third, despite carrying Louis Strange and his wife as passengers. On 21 May 1932 Gibbons was again flying the Three Seater G-ABTT in a race sponsored by The Morning Post, when his aircraft crashed into a tree near Stanton, Suffolk, killing him instantly. It was believed he was looking at a map inside the cockpit at the moment of the accident. The poor flying weather and the format of a point to point to point race would seem contributory factors.
He was also the defence solicitor for the celebrated postwar case of Ann Cornock, a Bristol woman accused of murdering her husband George Cornock in his bath in December 1946, a charge of which she was acquitted: Ingle attributed the result partly to the prestige of Sir Bernard Spilsbury, who had advised the defence, led by J. D. Casswell KC. Ingle told Foot that it was the Cornock case that had turned his hair white, though Foot added in his book that the cares of the Somerset captaincy were probably a contributory factor.
In the early 2000s, Lower George's Street underwent pedestrianisation, placing a ban on all general traffic with the exception of bus routes toward central Dublin. Bus routes coming along this road into Dún Laoghaire were re-routed along the seafront. This restriction was reversed in late 2008. Many of the local residents felt that Dundrum Shopping Centre, which opened a mere 20 minutes drive from Dún Laoghaire was the major contributory factor to the "downturn" and were disappointed that the pedestrianisation was never implemented seriously by the local authorities.
Consequently, at the nadir of periodic breathing, ventilation of the alveolar space may be effectively zero; the easily observable counterpart of this is failure at that time point of the end-tidal gas concentrations to resemble realistic alveolar concentrations. Many potential contributory factors have been identified by clinical observation, but unfortunately they are all interlinked and co-vary extensively. Widely accepted risk factors are hyperventilation, prolonged circulation time, and reduced blood gas buffering capacity. They are physiologically interlinked in that (for any given patient) circulation time decreases as cardiac output increases.
No one on the bridge of BOWBELLE was > aware of MARCHIONESS until the collision occurred. ::The immediate cause of > the casualty was therefore failure of look-out in each vessel. 18.4 The > principal contributory factors were that: ::visibility from the wheelhouse > of each vessel was seriously restricted; ::both vessels were using the > middle part of the fairway and the centre arches of the bridges across the > river; ::clear instructions were not given to the forward look-out in > BOWBELLE. The families of the victims criticised the MAIB report.
Hypercapnia normally triggers a reflex which increases breathing and access to oxygen (O2), such as arousal and turning the head during sleep. A failure of this reflex can be fatal, for example as a contributory factor in sudden infant death syndrome. Hypercapnia can induce increased cardiac output, an elevation in arterial blood pressure (higher levels of carbon dioxide stimulate aortic and carotid chemoreceptors with afferents -CN IX and X- to medulla oblongata with following chrono- and ino-tropic effects), and a propensity toward cardiac arrhythmias. Hypercapnia may increase pulmonary capillary resistance.
The name is likely from a Brittonic language and in meaning unknown. The settlement of Itchen Abbas, before its abbot's ownership, is transcribed by early Middle English orthography which used the letter c followed by e or i to denote the sound and an e invariably after an n to avoid those down strokes being ambiguous thus, as Icene in the Domesday Book of 1086.Mills, David (2011), A Dictionary of British Place-Names, Oxford University Press, (p. 259) The name, in upper parts was once seen as interchangeable with the contributory Alre.
On November 19, 2004, Perfect 10 filed suit against Google, asserting various copyright and trademark infringement claims, including direct, contributory, and vicarious copyright infringement. After settlement discussions lasting several months, Perfect 10 filed for a preliminary injunction that would require Google to cease linking to and distributing its images. The district court granted partial injunctive relief in favor of Perfect 10. Specifically, it ruled that Google's thumbnail images were likely to be found to be infringing while the hyperlinks to infringing sites were not likely to be found infringing in and of themselves.
The Cyprus social security pension system consists of six parts: the General Social Insurance Scheme; the Social Pension Scheme; the Special Allowance to pensioners; the Government Employees Pension Scheme; other Public Sector Employees Pension Schemes; the Voluntary Provident Funds and other similar collective arrangements. Each scheme calculates benefits in different formulations. The General Social Insurance Scheme covers everyone who's gainfully employed in Cyprus with contributory interests. The Government Employees Pension Scheme covers pensions for those who're inside the army and work for the government and is also earning-related.
Tanks filled with water await possible use as a fire burns on the crest of a hill in Lebec, California, 2010. Suppressive action taken during the South Canyon Fire, which was ignited by lightning in a fire exclusion zone on July 2, 1994, caused controversy after a blow-up killed 14 firefighters two days after the initial blaze. An interagency team was formed and issued their report in August. They cited several direct and contributory causes of the fatalities including fire behavior, personnel profiles, and incident management procedures.
I am supposed to be > an average reasonable and intelligent young man. However, lately (I cannot > recall when it started) I have been a victim of many unusual and irrational > thoughts. These thoughts constantly recur, and it requires a tremendous > mental effort to concentrate on useful and progressive tasks. In his note, he went on to request an autopsy be performed on his remains after he was dead to determine if there had been a discernible biological contributory cause for his actions and for his continuing and increasingly intense headaches.
Alcohol policy within the EU has promoted high levels of consumption through low prices and wide availability.The mortality rate from alcohol-related causes is one of the highest among other European nations such as Slovenia, Croatia, and Finland, evidently a direct result of high levels of consumption as part of harmful drinking patterns among people in Luxembourg. Contributory to high consumption is a relatively cheaper cost of strong alcohol items such as grain alcohol.According to OECD data, 35% of adults in Luxembourg in 2014 consumed large quantities of alcohol in one sitting.
He also sits on a number of All-party parliamentary groups (APPGs). He is the Chair of the APPG on Global Uncertainties which exists to inform parliamentarians of the activities of the UK Research Councils in response to global security challenges and is vice-chair of the Carpet Industry APPG. Glen played a significant contributory role in the APPG Hunger and Food Poverty's inquiry, Feeding Britain. Additionally, he is Secretary for the British Council APPG which took him on a visit to Kabul, and a member of APPG Egypt and APPG Parents and Families.
Generic types of equipment capable of producing red oil in the complex are categorized as evaporators, acid concentrators, and denitrators. The chemicals necessary to produce red oil are, at a minimum, TBP and nitric acid; other, contributory chemicals can include diluent (kerosene-like liquid used to dilute TBP) and/or aqueous phase metal nitrates. Controls for prevention or mitigation of a red oil explosion are generally categorized as controls for temperature, pressure, mass, and concentration. Maintaining a temperature of less than 130 °C is generally accepted as a means to prevent red oil explosions.
The facade of the former Hawken and Vance building at 95–99 Sussex Street, has both intrinsic and contextual significance. It has significance as representative of the type of building associated with the wharves that once abounded in this area. It is an example of a mid-Victorian warehouse facade remaining in the city, with a pleasing Victorian Free Classical design in modelled stucco. Its integration into a new development is such that the scale of its context is appropriate and it reads as a contributory component of the streetscape.
In economics, hedonic regression or hedonic demand theory is a revealed preference method of estimating the demand for a good, or equivalently its value to consumers. It breaks down the item being researched into its constituent characteristics, and obtains estimates of the contributory value of each characteristic. This requires that the composite good being valued can be reduced to its constituent parts and the market values of those constituent parts. Hedonic models are most commonly estimated using regression analysis, although more generalized models exist, such as sales adjustment grids.
Many factors and causes are contributory in hypertensive crises. The most common cause is patients with diagnosed, chronic hypertension who have discontinued anti hypertensive medications. Other common causes of hypertensive crises are autonomic hyperactivity such as pheochromocytoma, collagen-vascular diseases, drug use particularly stimulants, cocaine and amphetamines and their substituted analogues, monoamine oxidase inhibitors or food-drug interactions, spinal cord disorders, glomerulonephritis, head trauma, neoplasias, preeclampsia and eclampsia, hyperthyroidism and renovascular hypertension. People withdrawing from medications such as clonidine or beta-blockers have been frequently found to develop hypertensive crises.
Large quantities of stone, gravel and clay are extracted each year, and by 2000 11% of England was covered by roads or buildings. At the present time, due to Scotland's continuing to rise as a result of the weight of Devensian ice being lifted, England is sinking. This is generally estimated at 1 mm (1/25 inch) per year, with the London area sinking at double the speed partly due to the continuing compression of the recent clay deposits. A contributory factor is the draining of many stretches of land.
Elevated temperatures in February and April have been cited as contributory factors to the extent of the wildfires so early in the year. On 26 February the highest winter temperature ever recorded in the United Kingdom was reached with registered at Kew Gardens. This was caused by a high pressure system over central Europe driving air from southern latitudes towards the United Kingdom and Ireland, bringing dry, settled conditions and unseasonably warm weather. England, Scotland and Wales all broke their regional temperature records, with England and Wales exceeding in winter for the first time.
On 22 June 1893, the fleet was on exercises when Tryon's flagship, HMS Victoria, sank following a bizarre order from him which brought it in collision with the flagship of his second-in-command, Rear Admiral Sir Albert Markham. Tryon went down with his ship, his last reported words being "It is all my fault". Tryon was considered by many of his contemporaries to be a supremely competent yet radical officer, but with a strong and sometimes overbearing personality. This manner was felt to be a contributory cause to the accident.
The Palisade Hotel is significant having been designed by H. D. Walsh, an engineer important in the history of NSW especially related to developments around Sydney Harbour in the early twentieth century. The hotel is of aesthetic significance as an exceptional example of a federation free style building with arts and crafts influences. Its dramatic form with a very tall and narrow expression is an important contributory feature to the Millers Point townscape resulting in the building being a prominent landmark feature in the area. Its prominent siting provides terminal views along several streets.
Contributory infringement occurs when a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement. Under these situations, the manufacturer or distributor is contributorily responsible for any harm done as a result of the deceit. General knowledge is not enough; the defendant must supply its product or services to "identified individuals" that it knows or has reason to know are engaging in trademark infringement. The district court relied on Tiffany Inc. v.
Created in the redistribution of seats in 1885 from the old Glamorganshire constituency which had been in existence since 1541, the seat covered a wide area that included Bridgend, Porthcawl, Coity, Ewenny, Ogmore, Llanharry, Llanharan, Llantwit Major, Dinas Powis, Pendoylan, Bonvilston, Barry, Penarth, Tonyrefail, Pontyclun and Beddau, and areas which are now part of Cardiff (including St Fagans, Radyr, Whitchurch, Llanishen and Lisvane). Cowbridge and Llantrisant were excluded from South Glamorganshire, being contributory boroughs of Cardiff District of Boroughs constituency. The constituency was scrapped in the next redistribution of seats that took place in 1918.
Swansea was represented by William Foxwist in the Third Protectorate Parliament of 1659. Otherwise it was a contributory borough to Cardiff until 1832 and then until 1885 it was the principal borough of the Swansea district of boroughs. Swansea Liberal Association was presided over from the outset by industrialists such as Cory Yeo and Morgan Tutton, and their influence contributed to the return of a Liberal candidate at every election down to 1922, save that of 1895. In relation to popular support, the substantial Irish community in Swansea supported the Liberals.
Manggahan floodway with shanty towns on either side. During the 2009 flooding of Typhoon Ketsana, the illegal settlements reduced the floodway's effectiveness. In September 2009 Tropical Storm Ketsana hit Metro Manila and dumped one month's rainfall in less than 24 hours, causing the Marikina River system, including the Manggahan Floodway, to burst its banks very rapidly. It is thought that blocked pipes and a poorly maintained sewer system, along with uncollected domestic waste, were major contributory factors in the speed with which the flood waters were able to engulf the surrounding area.
Child's Special Allowance was a payment under the United Kingdom system of Social Security. It was instituted by Harold Macmillan in 1959 for the orphaned children of divorced parents, It was a Contributory non-means tested benefit, paid in addition to Child benefit to a divorced woman whose husband had died, whose ex-partner had been paying maintenance and who had not got a new partner. It was not taxable, but was taken into account for meanstested benefits. It was abolished, as far as new claims were concerned, in April 1987.
John McCracken attacks the idea that the revolt could be considered nationalist, arguing that Chilembwe's ideology was instead fundamentally utopian and created in opposition to localised abuses of the colonial system, particularly thangata. According to McCracken, the uprising failed because Chilembwe was over-reliant on a small Europeanised petite bourgeoisie and did not gain enough mass support. Rotberg's examination the Chilembwe revolt from a psychoanalytical perspective concludes that Chilembwe's personal situation, his psychosomatic asthma and financial debt may have been contributory factors in his decision to plot the rebellion.
It subsequently emerged, following an inquest in December 2010, that the broadcaster was a heavy alcohol drinker and cocaine user, and that cocaine was a contributory factor in his death. This led to comparisons, including from broadcaster Marian Finucane and drugs minister Pat Carey, with the 2007 death of model Katy French. According to journalist Kevin Myers, Ryan's usage of cocaine surprised many of those who mourned his sudden death and, he said, this realisation of double standards has upset much of the public. RTÉ admitted that it had censored coverage of Ryan's cocaine habit.
A third contributory factor was fatigue: the captain had been on duty for nearly 13 hours. This was within legal and operational limits, but the inquiry noted that he had made several errors in repeating ATC messages. The AIB also examined passenger and crew survivability during the accident. Post-mortem examinations on the passengers showed that those in the very front of the fuselage had been killed by rapid deceleration injuries, but those further aft had suffered massive crushing injuries to their lower legs that stopped them from escaping the burning wreckage.
He refined operational planning by co-opting the battle-winning role of Revolution in Military Affairs (RMA) and provided focused direction based on the recently released "Doctrine for the Indian Army", having earlier been its architect. He simultaneously gave training a visionary direction in conjunction with principles of synergetic cohesiveness at all levels. His tenure at Western Command also saw a quantum leap in the implementation of the Ex-servicemen Contributory Health Scheme (ECHS). He was also appointed as Honorary aide-de- camp (ADC) to the President of India on 1 February 2004.
The AIB found that the accident was caused by pilot error, in failing to notice and correct an unintentional descent when attempting to fly at low altitude due to poor visibility. Other contributory factors were found to be a failure to monitor flight instruments adequately, and a lack of audio height warning equipment. The crash sparked a review of helicopter safety, and eight recommendations were made by the AIB. Of these, seven were adopted, most notably that it was mandatory for there to be audible height warnings on passenger helicopters operating off-shore.
Interactional expertise is part of a more complex classification of expertise developed by Harry Collins and Robert Evans (both based at Cardiff University).Collins, H.M. and Evans, R.J. (2002) ‘The Third Wave of Science Studies: Studies of Expertise and Experience’, Social Studies of Sciences, Vol. 32, No. 2, (April), pp. 235–296 In this initial formulation interactional expertise was part of a threefold classification of substantive expertise that also included ‘no expertise’ and ‘contributory expertise’, by which they meant the expertise needed to contribute fully to all aspects of a domain of activity.
It is this kind of expertise that Collins and Evans call interactional expertise. The important thing to note about interactional expertise is that the only thing the social researcher can’t do that a practicing plumber or physicist can do is the practical work of actually installing central heating or conducting experiments. It is this difference – the difference between being able to talk like a plumber/physicist and actually do plumbing/physics – that is the difference between interactional expertise (what the researcher has) and contributory expertise (what the plumbers and physicists have).
This legislation has upset some of the most notable distinctions of law. The first agitation for legislation of this character occurred in England in 1880. A number of states in the Union have now enacted statutes fixing the liability of employers under certain conditions and relieving the employee from the application of the common-law rule. Where the employee himself is contributory to the injuries resulting from an accident he cannot recover, nor can he recover in some cases where he knows of the danger from the defects of tools or implements employed by him.
A contributory factor to portal hypertension is Symmers' fibrosis, which develops around branches of the portal veins. This fibrosis occurs only many years after the infection and is presumed to be caused in part by soluble egg antigens and various immune cells that react to them. Recent research has shown that granuloma size is consistent with levels of IL-13, which plays a prominent role in granuloma formation and granuloma size. IL-13 receptor α 2 (IL-13Rα2) binds IL-13 with high affinity and blocks the effects of IL-13.
A bridge would connect it to Malmö and a tunnel would link to Kastrup on the Danish side. The project was costed at the equivalent of £250 million in 1967 (£3.1 billion / €3.4 billion at 2009 prices). The plan was approved by the Danish parliament in 1969 with completion scheduled for 1985. However, it was repeatedly delayed; contributory factors included the 1973 oil crisis and its economic fallout, a slump in air travel, and opposition from campaigners concerned about the impact on the fragile environment in the Øresund and around the island.
In April 1997 Ticketmaster sued Microsoft in Los Angeles federal district court for deep linking. Ticketmaster objected to Microsoft's bypassing the home and intermediate pages on Ticketmaster's site, claiming that Microsoft had "pilfered" its content and diluted its value. Microsoft's Answer raised a number of defenses explained in detail in its pleadings, including implied license, contributory negligence, and voluntary assumption of the risk. Microsoft also argued that Ticketmaster had breached an unwritten Internet code, under which any Web site operator has the right to link to anyone else's site.
Craigslist's complaint specified several reasons that 3Taps's continued use of Craigslist was unlawful: it was in violation of the Computer Fraud and Abuse Act; it was a breach of Craigslist's terms of service contract; it infringed on Craigslist's copyright of the listings; it was also contributory copyright infringement, since 3Taps shared the listings with PadMapper; and it infringed on and diluted Craigslist's trademark. 3Taps opposed the claim that it violated the CFAA. On July 12, 2013 the Electronic Frontier Foundation filed an amicus brief in support of PadMapper and 3Taps.
However, such assistance raised only > contributory liability issues and does not constitute direct infringement of > the copyright owner's display rights. …While in-line linking and framing may > cause some computer users to believe they are viewing a single Google > webpage, the Copyright Act, unlike the Trademark Act, does not protect a > copyright holder against acts that cause consumer confusion. In December 2006, a Texas court ruled that linking by a motocross website to videos on a Texas-based motocross video production website did not constitute fair use. The court subsequently issued an injunction.
In the official statement marking her death, President Carter wrote "She had style, she had grace, and she had a sense of humor that kept generations of political newcomers to Washington wondering which was worse—to be skewered by her wit or to be ignored by her."Thompson, Frank. Jimmy Carter The Government Printing Office, 1978, p. 362 After many years of ill health, Alice died in her Embassy Row house on February 20, 1980, eight days after her 96th birthday, of emphysema and pneumonia, with contributory effects of a number of other chronic illnesses.
Members of the eight URS pension systems are the employees of over 700 different employers. The two largest systems are the Public Employees Noncontributory Retirement Systems, Tier I and Tier II, with 463 participating employers including all of Utah's school districts, the State of Utah, and its counties and various political subdivisions. The old Contributory system has 159 employers, the Public Safety system has 131, and the Firefighters' system has 59 employers. (Tier 2 Public Safety and Firefighters has 149.) There is a separate retirement system for Judges, and one for Governors and Legislators.
A social pension (or non-contributory pension) is a stream of payments from state to an individual that starts when someone retires and continues in payment until death. It is a part of a pension system of most developed countries, specifically the so called zero or first pillar of the pension system, which is a part of state social security system. The social pension is different from other types of pension since its eligibility criteria do not require former contributions of an individual, but citizenship or residency and age or other criteria set by government.
Instead, a new and—as several critics have contended—ambiguous test has been developed to determine whether the software in question is not protected by the Sony ruling. Briefly stated, it has to be shown that the distributors of the program have advertised and/or otherwise induced its use for copyright infringement; if this intent can be shown, additional contributory aspects may be relevant. For example, MGM et al. had asserted that the defendants' refusal to incorporate protocols that would filter copyrighted materials from the file-sharing network constitutes an intent to promote copyright infringement.
Asset price inflation has often been followed by an asset price crash, a sudden and usually unexpected fall in the price of a particular asset class. Examples of asset price crashes include Dutch tulips in the 17th century, Japanese metropolitan real estate and stocks in the early 1990s, and internet stocks in 2001. It was also a contributory factor in the 2007 subprime mortgage financial crisis.However, if the money supply has the potential to induce heavy general inflation (all major currencies in 2011/2012) none of these crashes may happen.
In August 2012, Kwarteng co-authored a book with four fellow MPs Britannia Unchained. In it, the authors made controversial remarks and suggestions, as highlighted in one outlet of the national press on publication, including that "Once they enter the workplace, the British are among the worst idlers in the world". The book also argues for a radical shrinking of the welfare state in order "to return it to the contributory principle envisioned by its founder Sir William Beveridge – that you get benefits in return for contributions", according to BBC News.
Harry Tiebout was raised in Brooklyn, New York. He earned his bachelor's degree at Wesleyan University in 1917, then went to Johns Hopkins University School of Medicine, where he also completed an internship with a specialization in psychiatry. The psychiatry service at Hopkins was led by Adolf Meyer, who had an eclectic approach in which Freudian theory was contributory but not dominant. John B. Watson was also at Hopkins during the time Tiebout was there, conducting research in behaviorism which would have substantial influence on the field of child development during the 1920s.
Railway station In 1788, sparking the onset of the Industrial Revolution the first steam engine in continental Europe (and only the second one in the world) was imported from England and installed with a purpose of draining the underground waters. This was not a small task, miles of a deep adit or drainage-tunnel. A 600-metre part of former Fryderyk adit is a tourist route named Black Trout Adit. Its tunnels were cut through a solid bedrock and one of the system outlets, near Repty, became the main contributory of river Drama.
Contributory factors include degradation of the environment by logging, oil exploration and change of land use to agriculture. The fish is caught by commercial fishing as bycatch, by recreational anglers and illegally by poaching, and present populations are estimated to be less than 5% of their historic levels. The International Union for Conservation of Nature has rated the fish as being critically endangered. Although often placed in the genus Hucho, molecular phylogenetic and other evidence has shown that it belongs in its own monotypic genus Parahucho sister to Salmo.
The Court confirmed the decision the district court made in favor of eBay regarding contributory copyright infringement. Although the Inwood test was meant for regulating the manufactures or distributor of products, Courts have decided to extend it to services, which eBay provided in this case. When Tiffany argued that eBay was liable because it "continues to supply its service to one whom it knows or has reason to know is engaging in trademark infringement", the district court's opinion was eBay does not have specific knowledge of the infringement instances. Tiffany disagreed.
The Canada Pension Plan (CPP; ) is a contributory, earnings-related social insurance program. It forms one of the two major components of Canada's public retirement income system, the other component being Old Age Security (OAS). Other parts of Canada's retirement system are private pensions, either employer-sponsored or from tax-deferred individual savings (known in Canada as a Registered Retirement Savings Plan). As of September 2017, the CPP Investment Board manages over C$328.2 billion in investment assets for the Canada Pension Plan on behalf of 20 million Canadians.
Quebec is the only province in Canada that opted out of the CPP. The Quebec Pension Plan (QPP), (French: Régie des rentes du Québec; RRQ) is the province of Quebec's own version of the Canada Pension Plan and is managed by the Caisse de dépôt et placement du Québec. Closely mirroring the CPP, the QPP is a contributory earnings-related pension plan that pays benefits in the event of the earner becoming disabled, retiring, or dying. Both Quebec and the federal government tax benefits paid from the QPP.
The group divided the causes of war into four categories: psychological, economic, political, and social and contributory. They did not include the exclusion of women from politics and the public sphere as a cause, even though they believed in equality for women. The organization believed that it was their job as women to end wars because women were seen as morally courageous, in contrast to their male counterparts who were viewed as physically courageous. The NCCCW held its first conference in Washington, DC in January 1925, with 450 delegates in attendance.
Disability Living Allowance (DLA) is a social security benefit in the United Kingdom paid to eligible claimants who have personal care and/or mobility needs as a result of a mental or physical disability. It is tax-free, non- means-tested and non-contributory. The benefit was established by the Social Security Contributions and Benefits Act 1992, integrating the former benefits Mobility Allowance and Attendance Allowance and introducing two additional lower rates of benefit. Prior to 2013 it could be claimed by UK residents aged under sixty five years.
There are more women than men with hypertension,} and, although men develop hypertension earlier in life, hypertension in women is less well controlled. The consequences of high blood pressure in women are a major public health problem and hypertension is a more important contributory factor in heart attacks in women than men. Until recently women have been under-represented in clinical trials in hypertension and heart failure. Nevertheless, there is some evidence that the effectiveness of antihypertensive drugs differs between men and women and that treatment for heart failure may be less effective in women.
The familiar model of care for people with advanced dementia and dysphagia is the revolving door of recurrent chest infections, frequently associated with aspiration and related readmissions. Many individuals with dementia resist or are indifferent to food and fail to manage the food bolus. There are also many contributory factors such as poor oral hygiene, high dependency levels for being positioned and fed, as well as the need for oral suctioning. While tube feeding might therefore be considered a safer option, tube feeding has not been shown to be beneficial in people with advanced dementia.
Tait was a Baptist, who helped to organise the Coalition of Concerned Citizens in the mid-eighties, and fought against homosexual law reform. Ultimately, though, the Homosexual Law Reform Act passed its final reading. Tait then ran foul of his former colleagues in the 'Gang of Twenty' affair in 1989 when the contributory mortgage company he chaired, AdvisorCorp, found itself the target of attacks from National Party leader Jim Bolger. Bolger would later publicly apologise to Tait, but two of the principals in the company were successfully prosecuted and AdvisorCorp collapsed.
One or two pine trees from former extensive plantings along the Church Street frontage are also extant. The southern Lots 2 and 3 contain the dirt carpark, brick rectory (1987), and stone and brick church hall (1980s). The rectory is currently leased out to tenants and the Church Hall is leased to the local Baptist Church for services and other community uses. The brick rectory, stone and brick church hall, and dirt carpark do not add to the significance of the place and are considered to be non-contributory features.
April 2000 A major contributory factor to the considerable expense was the need to reopen the Longarina quarry near Rome,Longarina , Roman Travertine quarry owned by company CIMEP in Tivoli, in order to supply the appropriate travertine rock for the building façade. The expenditure and painstaking detail invested in Shell-Haus did not go unrewarded – the year 2000 saw the renovation work awarded the monument preservation prize, the Ferdinand von Quast Medal. In March 2000 the Berlin energy supplier GASAG became the new owner and occupant of Shell-Haus.
Palinopsia necessitates a full ophthalmologic and neurologic history and physical exam. There are no clear guidelines on the work-up for illusory palinopsia, but it is not unreasonable to order automated visual field testing and neuroimaging since migraine aura can sometimes mimic seizures or cortical lesions. However, in a young patient without risk factors or other worrisome symptoms or signs (vasculopathy, history of cancer, etc.), neuroimaging for illusory palinopsia is low-yield but may grant the patient peace of mind. The physical exam and work-up are usually non-contributory in illusory palinopsia.
Perioperative PION patients have a higher prevalence of cardiovascular risk factors than in the general population. Documented cardiovascular risks in people affected by perioperative PION include high blood pressure, diabetes mellitus, high levels of cholesterol in the blood, tobacco use, abnormal heart rhythms, stroke, and obesity. Men are also noted to be at higher risk, which is in accordance with the trend, as men are at higher risk of cardiovascular disease. These cardiovascular risks all interfere with adequate blood flow, and also may suggest a contributory role of defective vascular autoregulation.
In response, Carton and Rossi complained on air about Murphy's conduct, allegedly saying that Murphy was "not to be trusted" and that people "should avoid doing business" with him. Carton and Rossi also alleged that Murphy "was a homosexual." In April 2008, Murphy brought suit for direct, contributory, and vicarious copyright infringement, violation of the DMCA, and defamation of character against Millennium Radio Group, Carton, and Rossi. On March 31, 2010, New Jersey District Court ruled in favor of the radio station on all counts in a summary judgment without oral arguments.
Riddelsdell was Assistant Secretary, Ministry of National Insurance from 1945 to 1950, and Under-Secretary from 1950 to 1965, during which time, she was on loan to the United Nations from 1953 to 1956. In 1945, she had a crucial role in creating the contributory benefits system created by the incoming Labour government, that was to be central to the welfare state. Riddelsdell was Secretary, of the National Incomes Commission from 1962-65. She was Under-Secretary, Ministry of Pensions and National Insurance in 1965, and Under-Secretary, Ministry of Social Security in 1966.
Stephen Sherry argues that the majority should have "balanced the policy objectives embodied in the contributory infringement and patent misuse doctrines" against one another rather than expanding patent monopoly privileges. He states, "A balanced approach to the decision would have protected the patentee's privilege to derive economic benefit from the patent by permitting the use of tying arrangements" while preserving competition among suppliers of nonstaples and not imposing extra costs on consumers.Stephen F. Sherry, Extending The Patent Monopoly to Unpatented Nonstaple Goods—Dawson Chemical Co. v. Rohm & Haas Co., 30 .
This requires appropriate training of first responders and law enforcement agencies, availability of testing equipment, development of suitable test protocols, and funding to conduct the testing. Procedures for testing rebreathers differ from those for testing open circuit equipment. Life-support equipment is an integral part of diving, and dive equipment is generally robust and reliable, but bad maintenance, design flaws, improper use, or other factors may cause or contribute to an incident. When equipment issues are not contributory to an incident, they should be excluded so that the causative factors may be correctly determined.
Network Rail had failed to involve Anglian Water and other authorised users of the crossing in the triennial risk assessment of the crossing. This was deemed to be an underlying cause of the accident. The design of the tables used in Class 156 trains was deemed to have contributed to a number of serious injuries, although the train itself was deemed to have met its design specification in respect of the collision. The signage at the crossing was deemed to give unclear information and thus a contributory factor.
Netcom On-Line Communications Services, which established the requirement for "some element of volition or causation" in the creation of a copy for it to be infringing. Here, the Circuit Court found that while Cablevision engaged in some volitional conduct by creating a system which exists only to reproduce conduct, it was not "sufficiently proximate" to the act of copying to be liable for direct infringement. The Circuit Court held that the claims brought by Cartoon Network, et al., were more relevant to claims of contributory infringement, which was not at issue in the case.
This weaker, positivist view was articulated by Adolf Behne when he asserted "you can kill a man with a building just as easily as with an axe."quoted in Sources of architectural form, Mark Gelernter, p251. The determinist belief was a contributory factor in the numerous slum clearances of the post War industrialised world (see Herbert J. Gans). Despite being a widely held, if not always articulated, theory the premise was not sustained by social research, for example the "Hawthorne experiments" by Mayo at Harvard found no direct correlation between work environment and output.
Here chalk-loving plants such as salad burnet (Sanguisorba minor) and dropwort co- exist with plants typical of acid soils, including gorse (Ulex europaeus), heather (Calluna vulgaris) and the uncommon annual knawel (Scleranthus annuus). Two Red Data Book (RDB) plants occur on the plain. The largest population in Britain of tuberous thistle (Cirsium tuberosum) occurs on the western ranges and is notable for the low incidence of hybridisation with dwarf thistle, a contributory cause of its decline in other localities. Meadow clary (Salvia pratensis) persists as a small colony in tall upright brome grassland.
'Queensland Past and Present: 100 Years of Statistics, 1896-1996,' Government Statistician's Office, Queensland Government, Brisbane, 1998, pp.277-309Thom Blake, "Health buildings in Queensland: an historical overview", Asset Management Unit, Capital Works and Assessment Management Branch, Queensland Health, 1997, p.62 In 1907 Queensland implemented a system of non-contributory age pensions, followed shortly after by the Australian Government, which provided a national system in 1909. The intention of the pension scheme was to provide relief for the aged poor that did not involve the stigma associated with charitable aid, or take away individuals' freedom.
He was elected congressman in 1974 and served for two consecutive terms as chairman of the Committee on Social Affairs. Among other important bills, the commission adopted the Law on Social Development and Family Allowances, which gave the country a non-contributory pension scheme, which now covers more than a hundred thousand elderly (citation required). In 1991 he received an honorary doctorate from the University of Houston. Born in Diriamba, Nicaragua, on March 14, 1949, son of Dr. Rafael Angel Calderon Guardia, former President of the Republic, who was in exile in that country because of the civil war in 1948.
By 1831, the borough of Beaumaris had a population of 2,497 (though, still, only 24 voters). The Reform Act extended the franchise, and also added three contributory boroughs – Amlwch, Holyhead and Llangefni. This raised the population of the revised Beaumaris Boroughs constituency to 8,547, though the number of qualified voters on the register in 1832 was only 329. This was still in practice a pocket borough, and the first contested election did not take place until the further extension of the franchise by the Second Reform Act, which brought the electorate up to almost 2,000 in the elections from 1868.
Sayle has written two short story collections, five novels, including a graphic novel and a radio series spin-off book, as well as columns for various publications. His book Great Bus Journeys of the World, co-written with David Stafford, is mostly a collection of his columns for Time Out and the Sunday Mirror. He was one of eight contributory authors to the BBC Three competition End of Story, in which members of the public completed the second half of stories written by established authors. The winning entry to Sayle's story, Imitating Katherine Walker, was written by freelance writer Arthur Allan.
The monoculture system associated with subsidized large-scale production has been implicated as a contributory factor in Colony Collapse Disorder which has affected bee populations. Bee pollination is an essential ecosystem service essential for the production of many varieties of fruits and vegetables. Subsidies often go towards subsidising meat production which has other nutritional and environmental implications; and it has been found that out of the $200Bn subsidies to subsidise crops from 1995–2010 around two-thirds of this went to animal feed, tobacco and cotton production. On the other hand, farmers producing fruits and vegetables received no direct subsidies.
While the Admiralty became a much more political body, the Navy Board became populated by men who had learnt their trade during the formative years of the Establishment system. A very significant factor in the formation of the 1719 Establishment and its subsequent longevity is that the period of 1714–1739 was the most peaceful of the 18th Century. A further contributory factor was the introduction of a new Establishment of Guns in 1716. Previously, gun establishments had catered for each ship, as there were often differences between ships of the same nominal size that would affect the armament they could carry.
On appeal, the court affirmed as to the employer and reversed as to the scaffold- builder. The court found that there was sufficient evidence to require the submission to the jury of the question of whether the failure of the scaffold was attributable to negligence in its construction. The question of contributory negligence on the part of the deceased was also one for the jury. There was no evidence of negligence on the part of the employer in selecting the scaffold-builder, nor was there any evidence that the employer knew or had reason to know of any defect in the scaffold.
On appeal, the Ninth Circuit upheld the district court's decision that the hyperlinks were not infringing on Perfect 10's copyright. It agreed with the district court's assessment that infringing websites existed before Google and would continue to exist without Google, thus it was not a contributory infringer. Furthermore, Google had no control over infringing sites and could not shut them down, so any profits it may or may not extract from users visiting those sites did not constitute vicarious infringement. The court also agreed that including an inline link is not the same as hosting the material itself.
It therefore attempted an awkward balancing act whereby it would appear to oppose Portugal without meaningfully doing so. Britain's stance towards Rhodesia was influenced in a similar way, with Whitehall unable to back down on the policy of no independence before majority rule without causing international uproar. Also contributory was the disproportionate sway over Britain's African policy held by Julius Nyerere, the President of Tanzania, who was a fervent proponent for majority rule across Africa without delay, implemented by military force if need be. British politicians deferred to Nyerere on almost every proposal they made regarding Rhodesia during the 1960s and 1970s.
Lloyd George followed the example of Germany, which under conservative Chancellor Otto von Bismarck had provided compulsory national insurance against sickness from 1884. After visiting Germany in 1908, Lloyd George said in his 1909 Budget speech that Britain should aim to be "putting ourselves in this field on a level with Germany; we should not emulate them only in armaments." His measure gave the British working classes the first contributory system of insurance against illness and unemployment. The Act only applied to wage earners—about 70% of the work force—their families and the unwaged were not covered.
In this particular case, the Court held that Ticketmaster LLC ("Ticketmaster") was likely to prevail on claims of direct and contributory copyright infringement as a result of defendant RMG Technologies Inc. ("RMG") distribution of a software application that permitted its clients to circumvent Ticketmaster.com’s CAPTCHA access controls, and use Ticketmaster's copyrighted website in a manner that violated the site's Terms of Use. The Court held that RMG was likely to be found guilty of direct copyright infringement because when RMG viewed the site to create and test its product, it made unauthorized copies of Ticketmaster's site in its computer's RAM.
He scored 42-105 as he won a record eighteen Railway Cup medals during that period, in an era when his skill and prowess drew crowds of up to 50,000 to Croke Park for the annual final on St. Patrick's Day. Ring's retirement from the game is often cited as a contributory factor in the decline of the championship. In retirement from playing Ring became involved in team management and coaching. As a mentor to the St. Finbarr's College senior team, he guided them to their first two All-Ireland and Harty Cup triumphs in 1963 and 1969.
Veoh was a video-sharing web site where users could view, upload and share videos, much like YouTube. On September 4, 2007, UMG, without filing any prior DMCA takedown notices , sued Veoh for vicarious and contributory copyright infringement. On September 11, 2009, Judge Howard Matz granted summary judgement in favor of Veoh, ruling that Veoh "qualifies for a DMCA safe harbor that protects the service from monetary damages for copyright infringements committed by its users". Despite successfully defending itself, Veoh declared bankruptcy shortly after the District Court ruling, with Veoh's CEO Dmitry Shapiro citing the cost of litigation as a cause.
Hunt undertook the post-mortem examination on 19 July in the presence of eight police officers and two members of the coroner's office. Hunt concluded that the cause of death was a haemorrhage caused by a self-inflicted injury from "incised wounds to the left wrist", with the contributory factors of "co- proxamol ingestion and coronary artery atherosclerosis". On 20 July 2003, the day after the post-mortem, the BBC confirmed that Kelly was their only source. Nicholas Gardner, the coroner, opened and adjourned his inquest on 21 July, noting that the pathologist was still awaiting the toxicology report.
Jones, 280 So.2d 431 (Fla. 1973) In the wrongful death case of Hoffman v. Jones, attorney Sammy Cacciatore Jr. was instrumental in causing the Florida Supreme Court to adopt for the first time the comparative negligence rule in negligence law. William Harrison Jones Jr. was killed by a Pav-A-Way Corporation truck driven by Philip Francis Hoffman Jr. It was the first case in the nation in which a state supreme court abandoned the almost-150-year-old doctrine of contributory negligence, which precluded an injured victim from recovery if the victim had contributed to the incident to any degree.
Di Rudinì recognized the excessive brutality of the repression of the Fasci Siciliani under his predecessor Crispi. Many Fasci members were pardoned and released from jail.Pardon for Italian Socialists, The New York Times, March 14, 1896 He made it clear though that a reorganization of the Fasci would not be tolerated. Di Rudini’s minister of the treasury Luigi Luzzatti passed two measures of social legislation in 1898. The industrial workmen’s compensation scheme from 1883 was made obligatory with the employer bearing all costs; and a voluntary fund for contributory disability and old age pensions was created.
Around 1800 BC, signs of a gradual decline began to emerge, and by around 1700 BC most of the cities had been abandoned. Suggested contributory causes for the localisation of the IVC include changes in the course of the river,David Knipe (1991), Hinduism. San Francisco: Harper and climate change that is also signalled for the neighbouring areas of the Middle East.Emma Maris (2014), Two-hundred-year drought doomed Indus Valley Civilization, nature many scholars believe that drought led to a decline in trade with Egypt and Mesopotamia contributing to the collapse of the Indus Civilisation.
There were two types of insurance schemes under the new system — one to which employees and employers contributed, and one which was subsidized by the government. Although the contributory scheme offered more comprehensive health care overall, the antiretroviral medication used to treat HIV (AZT) was not covered under either version of the government's obligatory health plan. Individuals seeking AZT were forced to file tutelas, or pleas, in order to access it. One activist action, called Operation Wasp, involved filing seven tutelas in seven different courts in Bogotá so as to occupy the court dockets for ten days.
Martin proposed a sales tax as a short term, stop-gap measure; he believed that this sales tax would ultimately be replaced by a form of business and occupation tax. The business and occupation tax was enacted during the twenty-third legislative session, but was declared unconstitutional by the State Supreme Court in September, 1933, after a long and bitter struggle. Washington was one forward a contributory system of old-age insurance. Washington was one of the firsts of the northwestern states to enter the field of old-age insurance when the Legislature passed the social security measure in February, 1933.
The buildings are tangible evidence of the redevelopment of The Rocks in the last decade of the 19th century and first decade of the 20th century. 145 George Street has high social significance as a contributory element associated with the historic character of The Rocks, which is held in esteem by the local community and the people of NSW. Shop and Residence was listed on the New South Wales State Heritage Register on 10 May 2002 having satisfied the following criteria. The place is important in demonstrating the course, or pattern, of cultural or natural history in New South Wales.
The city council of Victoria was found to be guilty of contributory negligence because the bridge had not been well maintained, and because council failed to take steps to restrict the traffic on the bridge to within safe limits. The design and construction of the bridge was also found to have been poor, especially in that the specifications called for weldless iron to be used, but the ironwork was almost all welded. The Consolidated Electric Railway Company was forced into receivership by the disaster and emerged reorganized as the British Columbia Electric Railway on April 15, 1897.
This is considered by many to be the first rock album in Hebrew. The Churchills played on half of the tracks in that album, one of which was a Hebrew version of one of their own songs ("When You're Gone"). Following Poozy, the Churchills also played with Einstein in his gigs, and continued to play and produce three more albums with Einstein: Shablul (1970), Plastelina (1970) and On Avigdor's Grass (1971). Contributory to the Churchills' sound at the time was the joining of two foreign members: Canadian vocalist Stan Solomon and British guitarist Robb Huxley (formerly with The Tornados).
He made a careful and exact survey of Liverpool and its surroundings, involving somewhere about 3,000 geodetical observations, and resulting in the construction of a contour map of the town and its neighbourhood, on a scale of one inch to . From this elaborate survey Newlands proceeded to lay down a comprehensive system of outlet and contributory sewers, and main and subsidiary drains, to an aggregate extent of nearly . The details of this projected system he presented to the Corporation in April 1848. In July 1848 James Newlands' sewer construction programme began, and over the next 11 years of new sewers were built.
The allegations of "redlining" certain neighborhoods originated with the Federal Housing Administration in the 1930s. The "residential security maps" created by the Home Owners' Loan Corporation (HOLC) for the FHA were used by private and public entities for years afterwards to withhold mortgage capital from neighborhoods that were deemed "unsafe". Contributory factors in the shortage of direct lending in low- and moderate-income communities were a limited secondary market for mortgages, informational problems to do with the lack of credit evaluations for lower- income borrowers, and lack of coordination among credit agencies. > An effective urban strategy must involve private financial institutions.
Shein's army retreated to its main camp, which was in turn surrounded by Commonwealth forces in mid-October. The besieged Russians waited for relief, but none arrived, as Commonwealth and Cossack cavalry had been sent to disrupt the Russian rear. Some historians also cite dissent and internal divisions in the Russian camp as responsible for their inaction and ineffectiveness. (Jasienica blames the Russian warlords, and Parker the foreign mercenaries.) The Tatar invasion threatening the south Russian borderlands was a contributory factor, with many soldiers and boyars from those regions deserting the Russian camp to return to protect their homeland.
Grant Bristow (born February 1958 in Winnipeg, Manitoba) was an undercover spy, or mole, for the Canadian Security Intelligence Service (CSIS), who successfully infiltrated the Heritage Front white supremacist group for six years. Several months after the assignment, Bristow was exposed by Toronto Sun reporter Bill Dunphy, in August 1994. His work inside the Heritage Front became highly controversial in Canada, when exposed, due to much of his activity being viewed as that of a contributory nature, reflected by an August 14, 1994 Toronto Sun headline, "Spy Unmasked: CSIS Informant 'Founding Father' of white racist group".
Texas is unusual in that it allows employers to opt out of the workers' compensation system, with those employers who do not purchase workers' compensation insurance being called non-subscribers. However, those employers are exposed to legal liability in the event of employee injury. The employee must demonstrate that employer negligence caused the injury; if the employer does not subscribe to workers' compensation, the employer loses their common law defense of contributory negligence, assumption of the risk, and the fellow employee doctrine. If successful, the employee can recover their full common law damages, which are more generous than workers' compensation benefits.
It was subsequently declared unsafe on several occasions and was a contributory factor to the demise of the Potts Line. Today, little evidence of the railway remains at Melverley save for some bricks marking the platform edge. However, a road has been built along the course of part of this branch line to Criggion utilizing the old railway bridge over the Severn and making a convenient connection to the main road at Crew Green. This is a single-track road with passing places but is unusually direct and level compared to other country lanes in the area.
To provide the protection of a seat in parliament, Williams stood and was elected for Montgomeryshire in 1685; however his return was cancelled on petition, on the grounds that the contributory boroughs had no opportunity of voting. The prosecution resumed, and he was fined £10,000. He was also fined £20,000 after similar action was instigated by the Earl of Peterborough. Supporters worked on his behalf, including the Earl of Rochester; subsequently, £8,000 was accepted as full payment for the former fine, and Peterborough accepted a token payment for the latter after persuasion from James, now king.
As proposed in 1830, the reform bill would have added Llandaff, Aberdare, and Merthyr Tydfil as Cardiff contributory boroughs, but in the event Merthyr and Aberdare became a separate borough while Llandaff remained part of Glamorgan county constituency, which gained a second seat. The Parliamentary Boundaries Act 1832 extended the boundary of the Cardiff District of Boroughs constituency to include those parts of the Cardiff parishes of St Mary's and St. John outside the old borough boundary. The Redistribution of Seats Act 1885 extended the parliamentary boundary to Cardiff's enlarged municipal borough boundary.Redistribution of Seats Act 1885.
The report found that 'to a lesser extent', its investments in major subsidiaries acquired between 1985 and 1990 also performed poorly and were a contributory cause.'Report of the Auditor-General on an Investigation into The State Bank of South Australia, Chapter 16' , Auditor General of South Australia, Adelaide. Retrieved 10 July 2007. The Auditor General, however, made it clear that while external factors were causes of the bank's poor financial position, 'a contributing cause of the institution's financial failure' was the failure by the bank to adequately manage the debt, capital, interest rate risk and liquidity risk of the bank.
Income inequality, stagnating or declining real wages, and growing public debt were contributory factors. Turchin argued that having a youth bulge and massive young population with university degrees were the key reasons for the instability of the 1960s and 1970s and predicted that the 2020s would see the pattern repeat itself. Having a youth bulge can be seen as one factor among many in explaining social unrest and uprisings in society. Because the baby boomers were a huge demographic cohort, when they entered the workforce they took up all the jobs they could find, including those below their skill levels.
One can understand the kineikonic mode by examining each mode individually, such as tracing the rhythm, melody or harmonic patterns of the music in and across the shots of a film. However, a central proposition of the kineikonic is a theory of how the 'contributory' modes are organized by the 'orchestrating modes' of filming and editing: how they have been juxtaposed to work both through the space of the film (the frames), and through the timeline of the film, the movement through time of the images, as well as the time-based modes of language, music and sound.
As scientific evidence mounted in the 1980s, tobacco companies claimed contributory negligence as the adverse health effects were previously unknown or lacked substantial credibility. Health authorities sided with these claims up until 1998, from which they reversed their position. The Tobacco Master Settlement Agreement, originally between the four largest US tobacco companies and the Attorneys General of 46 states, restricted certain types of tobacco advertisement and required payments for health compensation; which later amounted to the largest civil settlement in United States history. Social campaigns have been instituted in many places to discourage smoking, such as Canada's National Non-Smoking Week.
On October 15, 2003, Andrew J. Barberi was involved in a fatal accident. Eleven people died, including one decapitation, and 70 more were injured (including one man who lost his legs), as a result of Andrew J. Barberi colliding with a pier on Staten Island. On March 8, 2005, the National Transportation Safety Board (NTSB) published a report on its investigation into the incident. The NTSB determined the probable cause of the collision was the assistant pilot's unexplained sudden incapacitation, with a contributory cause of the Master's failure to maintain command and control of his vessel.
A victim of misleading or deceptive conduct is only entitled to damages (i.e., monetary compensation) if they have suffered loss or damage as a result of the conduct. The measure of loss or damage here is generally the same as it is in contract law or tort law. Since 2004, if a victim contributed to the loss or damage that they suffered, then the court can reduce the amount of damages that they are awarded, in a similar fashion to the reduction of damages in a negligence claim if the plaintiff is guilty of contributory negligence.
By 1947 their top-selling range of jams, jellies and "Olde English Marmalade" was produced alongside baking powder, ground coffee, vegetables, apple juice, mincemeat, honey, jelly crystals, and curt. They held the patent for the replaceable metal lid to their glass jam jars. The Chivers family were known as generous employers; a pioneering profit-sharing scheme was introduced in 1891, with a factory nurse, surgery and canteens all added in the first years of the 20th century. Contributory pensions followed in 1933, and the company had minimal trade union involvement and no major industrial disputes until they were acquired in 1959.
Autodesk counter claimed that copies of its software were licensed, not sold to the original parties. Thus, in Autodesk's view, the first-sale doctrine did not apply - the original parties were never owners of their copies and so had no authority to resell the software to Vernor. Thus Vernor was infringing Autodesk's copyright and Autodesk was within their rights to block such sales. Autodesk also contended that, as the CD was a mechanism for making a copy of the software, Vernor enabled his clients to make unlicensed copies of Autodesk software and Vernor was liable for contributory copyright infringement.
The act did not alter the overall distribution of parliamentary seats in Ireland.Moore's Almanack improved: or Will's farmer's and countryman's calendar for the year 1869. Joseph Greenhill, London, 1869 It was originally proposed to merge twelve smaller boroughs into six pairs on the model of Scottish district of burghs and Welsh contributory boroughs, with the freed-up seats being transferred to the six most populous county constituencies. This was rejected by Parliament, although the act as passed did alter the boundaries of those parliamentary boroughs which were also municipal boroughs, extending the parliamentary boundary to include all the municipal boundary.
James C. Bageman explains the issue of repair vs. reconstruction as "another aspect of the problem of how far to extend the patent monopoly," because "to decide whether or not the repair doctrine is a defense to an allegation of contributory infringement is to decide whether the patentee should receive any additional compensation over and above what he received through the initial sale of his invention during the functional life of that device." The Aro test largely denies patentees this source of income. The issue then is providing sufficient incentive to inventors so that they will create and disclose inventions.
The Reform Act extended the boundaries, bringing in the neighbouring parishes of Lelant and Towednack and reduced the two St Ives seats to one. A new high of 584 voters qualified at the first reformed election, that of 1832. On extension of the franchise in 1868 of the "second Reform Act", the electorate never passed 1,500, and had fallen to barely 1,000 by the Redistribution of Seats Act 1885, the cornerstone of the third reform legislation, under which the "borough" for its parliamentary definition was abolished that year, the area becoming contributory to a larger county division.
He was sentenced to ten years in prison and this caused resentment within his community who felt that racism was part of the Bank's failure. Clarence Darrow was Binga's attorney and although virtually retired, attempted to persuade a parole board hearing for his early release. He didn't succeed and it was nearly two years later that Binga was paroled from Joliet Prison to the custody of a catholic priest Rev Joseph F Eckert in 1938. Protests and a 10,000 signature petition from the community who themselves had suffered losses in his dealings, were considered a contributory factor in his release.
An enduring image of the Scottish National Antarctic Expedition: Piper Gilbert Kerr, with penguin, photographed by Bruce The early years of the 21st century have seen a reassessment of Bruce's work. Contributory factors have been the SNAE centenary, and Scotland's renewed sense of national identity. A 2003 expedition, in a modern research ship "Scotia", used information collected by Bruce as a basis for examining climate change in South Georgia. This expedition predicted "dramatic conclusions" relating to global warming from its research, and saw this contribution as a "fitting tribute to Britain's forgotten polar hero, William Speirs Bruce".
The report noted that Lawlor was attempting to fly by visual reference while the visibility was both "poor and deceptive", though within the relevant guidelines. Cooper noted that the weather conditions were unsuitable for visual flight, and listed the minimum guidelines for visual flight in the operating procedures as a contributory factor in the crash, along with too little monitoring of flight instruments and a lack of an audio altitude warning.AAIB 1985, p. 33. During the coroner's inquest, Lawlor admitted that he was partly to blame for the crash, admitting that his piloting "undoubtedly did play a part in the accident".
In 1999, Chebat became an attorney for the Social Security Board, but resigned from that position in August 2006, ostensibly to protest the dismissal of CEO Narda Garcia. At the end of the month, however, Chebat rejoined the SSB, succeeding his law partner Lisa Shoman's father Yasin Shoman as Board chairman. During his chairmanship, Chebat oversaw a feasibility study for the implementation of non-contributory pensions, the rollout of national health insurance, and the creation of a new logo. He was succeeded in February 2008 by Lois Young, the ex-wife of Prime Minister Dean Barrow.
In some jurisdictions, in order to successfully raise a contributory negligence defense, the defendant must prove the negligence of a plaintiff or claimant. In others, the burden of proof is on a plaintiff to disprove his or her own negligence. Even if the plaintiff was negligent, the tortfeasor may still be held liable if he or she had the last clear chance to prevent the injury, meaning that even though the plaintiff was negligent the defendant was the last person with a clear opportunity to take action that would have prevented the plaintiff's injury from occurring.
Example 1: A pedestrian crosses a road negligently and is hit by a driver who was driving negligently. Since the pedestrian has also contributed to the accident, they may be barred from complete and full recovery of damages from the driver (or their insurer) because the accident was less likely to occur if it hadn't been for their failure to keep a proper lookout. Example 2: Another example of contributory negligence is where a plaintiff actively disregards warnings or fails to take reasonable steps for his or her safety, such as diving in shallow water without checking the depth first.
Scientific papers and research are subject to peer review but, in most cases, the reviewers will be drawn from cognate or related fields. This is particularly common in research funding decisions, where the likelihood of an application being reviewed by non-specialists increases with the amount of money involved. Even in the case of smaller awards, and of peer reviewed papers, it is still often the case that reviewers will have contributory expertise in a different narrowly defined specialism to that of the author being reviewed. If interactional expertise did not exist, then justifying peer review would be difficult.
The most crucial aspect of managing patients with macular telangiectasia is recognition of the clinical signs. This condition is relatively uncommon: hence, many practitioners may not be familiar with or experienced in diagnosing the disorder. MacTel must be part of the differential in any case of idiopathic paramacular hemorrhage, vasculopathy, macular edema or focal pigment hypertrophy, especially in those patients without a history of retinopathy or contributory systemic disease. Cystoid Macular Oedema in patient with MacTel type 1 Treatment options for macular telangiectasia type 1 include laser photocoagulation, intra-vitreal injections of steroids, or anti-vascular endothelial growth factor (anti-VEGF) agents.
The circuit's judgment was then affirmed by the Supreme Court of the United States. In 1995, Posner, joined by Judge Walter J. Cummings Jr., affirmed an injunction blocking Illinois from closing schools on Good Friday as a violation of the Establishment Clause, over the dissent of Judge Daniel Anthony Manion. In 2000, Posner found that partners at a big law firm could be considered employees with regard to the Age Discrimination in Employment Act of 1967. Posner found that secondary liability attaches to a file sharing service for contributory copyright infringement in In re Aimster Copyright Litigation (2003).
Shein's army retreated to its main camp, which was in turn surrounded by Commonwealth forces in mid-October. The besieged Russians waited for relief, but none arrived, as Commonwealth and Cossack cavalry had been sent to disrupt the Russian rear. Some historians also cite dissent and internal divisions in the Russian camp as responsible for their inaction and ineffectiveness (Jasienica blames the Russian warlords, and Parker the foreign mercenaries). The Tatar invasion threatening the south Russian borderlands was a contributory factor, with many soldiers and boyars from those regions deserting the Russian camp to return to protect their homes.
The tram, manufactured by Merseyside based Tram Power, was being tested as part of a bid to replace the current trams. The tramcar was rebuilt at a cost of £150,000 but was not permitted to resume trials; it is currently scheduled to form part of a trial park & ride tram line in Preston. The same tram had derailed on 30 May 2006 at Starr Gate loop during previous trials. A Rail Accident Investigation Branch report stated that the derailment was due to wear and tear on the track with a contributory factor being the new type of running gear on the tram.
Transitioning to the A-7E Corsair II in 1983, VA-203's primary mission was to provide contributory support to the fleet, and to be ready to deploy to an aircraft carrier during a crisis as an activated reserve light attack squadron. Following its transition to the F/A-18 Hornet, it was to be ready to deploy as an activated reserve strike-fighter squadron. A further mission was to act as adversaries to active duty Fleet fighter and strike fighter squadrons being trained for deployment. In 1993, the squadron began training its pilots in the fleet adversary role.
The structure of Hangar One was identified as a source toxic chemicals leaking into the sediment in wetlands bordering San Francisco Bay. PCBs The polychlorinated biphenyls (PCBs), used in the roof, were the primary cause of the roof needing to be removed. Asbestos & Lead While Asbestos & Lead exist in the insulation materials and paint, these were considered contributory pollutants and not the primary reason to remove the skin; however, once the removal action of the skin was decided as the course of action these materials (primarily within the interior) were exposed and had to be remediated as well as the roof.
The historical evidence shows that, although saleable iron was at times produced, over the period that the furnace operated it experienced continual problems. Documents mention bad design, bad construction, bad raw materials, and bad management, but many of the documents were written by individuals trying to divert the blame from themselves. The furnace was abandoned with its final charge still inside, partially smelted. Metallurgical examination has shown a high sulphur content in the raw materials, which may have been a contributory factor, and the chimney shows signs of severe overheating, indicating a design fault or operating problem.
At a disciplinary, he lied saying that he had sold the cigarettes to a customer. He claimed that the dismissal was unfair (see unfair dismissal), and the tribunal agreed, because it said too much weight was given to the theft of the cigarettes over other factors of his job performance. The tribunal allowed the claim, but reduced his damages by 10% for contributory fault. But on appeal, Underhill QC found for Tesco that dismissal for theft, however small, was within the "reasonable range of responses" of an employer, under s.98(4) of the Employment Rights Act 1996.
If clogging occurs, it is usually the result of an attempt to flush unsuitable items, or too much toilet paper. Clogging can occur spontaneously due to limescale fouling of the drain pipe, or by overloading the stool capacity of the toilet. Stool capacity varies among toilet designs and is based on the size of the drainage pipe, the capacity of the water tank, the velocity of a flush, and the method by which the water attempts to vacate the bowl of its contents. The size and consistency of the stool is a hard-to-predict contributory factor.
The German scientist Rudolf Clausius laid the foundation for the second law of thermodynamics in 1850 by examining the relation between heat transfer and work. His formulation of the second law, which was published in German in 1854, is known as the Clausius statement: > Heat can never pass from a colder to a warmer body without some other > change, connected therewith, occurring at the same time. The statement by Clausius uses the concept of 'passage of heat'. As is usual in thermodynamic discussions, this means 'net transfer of energy as heat', and does not refer to contributory transfers one way and the other.
The seat and its predecessors have in the 20th century been a Conservative Party stronghold save that the minor contributory Horsham seat to the area's electorate saw victory by 8.6% of the vote over the Labour Party in 1966, followed statistically by a next-most-marginal victory again with the Labour Party as runner-up, in 1950, of 14.4%. Between 1974 and 1983, much of the South Downs area was part of the Shoreham constituency, with the town of Arundel remaining in the Arundel constituency. Prior to 1974, the seat was largely part of the Arundel and Shoreham constituency.
Repossession does not necessarily satisfy the loan. If the repossessor sells the asset for an appropriate amount, and if that amount is less than the amount of the loan, and if the repossessor sues the debtor for the balance (plus reasonable fees if applicable) in a timely manner, the debtor may be liable to pay the balance (sometimes called the "deficiency").Vehicle Repossession: Understanding the Rules of the Road , Federal Trade Commission, November 2008. Retrieved 2011-02-16 In this case the creditor will be liable for contributory negligence if the creditor auctions the property for less than applicable blue-book value.
Currently, only Alabama, Maryland, and the District of Columbia will not allow a plaintiff to recover if it is proven to be in any way at fault. This rule is called contributory negligence, a doctrine perceived to be overly "harsh", which "has caused all but a few States to substitute the doctrine of comparative negligence".Richard Mann, Barry Roberts, Smith and Roberson's Business Law (2008), p. 471. Most states will follow one of three solutions to the problem: #Allow the plaintiff to recover the amount of total damages to him, reduced by the percentage of fault he is assigned.
Tiffany claimed the contributory trademark infringement of eBay, which was a judicially constructed doctrine articulated by the Supreme Court in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. and found the liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another. As established in Inwood, "if a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.".
After examining all the facts, the Court found that "eBay exercises sufficient control and monitoring over its websites" and is similar to a flea market and uses Hendrickson v. eBay as a case that eBay "features elements of both traditional swap meets—where sellers pay for use of space to display goods— and traditional auction houses where goods are sold in a highest bid process." The court concluded that "eBay's conduct must be assessed under the standard for contributory negligence set forth in Inwood." The Second Circuit held that eBay did not have the requisite level of knowledge to satisfy the Inwood standard.
Tiffany contended that eBay’s advertising practices constituted trademark dilution under the Lanham Act and New York state business law. Tiffany argued that counterfeit items of inferior quality were sold, harming the distinctiveness, value, and reputation of the trademark. In addition, Tiffany argued that eBay should be liable for contributory dilution for encouraging third parties to dilute its trademark. The district court reasoned that eBay was not liable because eBay did not try to confuse the Tiffany trademark with its own product, an online auction website, but used the mark to advertise the availability of authentic Tiffany merchandise on its website.
Part of a series of reforms by the 1830-1834 Whig government that included the Reform Act 1832, it caused deep political splits. The implications of government legislating church governance was a contributory factor in the Oxford Movement and had wide repercussions for the Anglican Communion. Another source of resentment was the funding of the Church by tithes imposed on all Irish subjects, even though the majority were not members. This led to anomalies like the incumbent of a living near Bessborough, who in 1833 was receiving £1,000 per year, despite the fact the parish had no Protestants or even a church.
Meter indications on the refuelling vehicle at Santander, which could not have accurately reflected the quantity of fuel delivered, were also considered to have been a probable contributory factor. The accident investigation report concluded, however, that the aircraft commander's handling of the emergency once the aircraft's four engines stopped had been skilful and assured. Had he not acted in the way he did, there could have been a considerable loss of life of both aircraft passengers and residents of the town. One of the propellers from the aircraft was later donated by the airline to the town to be auctioned for charity.
In 1938, she served on a committee to consider how the Contributory Pensions Act affected single women. In 1949, Trubshaw was one of only two independent candidates to secure election in Llanelli when all but two seats in the county were won by Labour. She was governor of Llanelli County Schools and Chairman of Llanelli School of Art, a member of the Camarthenshire Blind Society, and for four years was Chairman of the West Wales Joint Board for Mental Defectives. In 1939, Trubshaw became the organiser for the newly-formed Women's Voluntary Service for her county.
However, the government of Muldoon merged the three broadcasters into a single Broadcasting Corporation of New Zealand in 1977, with the two television channels being merged into Television New Zealand in 1980. Douglas was an early and enthusiastic promoter of the government’s plans for a compulsory contributory superannuation scheme that would supplement the old age pension. In 1972, while still in opposition, he introduced a private member’s bill that provided for a form of compulsory superannuation. In Cabinet, Rowling, who was then Minister of Finance, and Douglas were largely responsible for a 1973 White Paper setting out the government's proposals for superannuation.
There was no empirical evidence to support differences in social economic conditions in countries where uprating was paid and in those countries where it wasn't. The Court should not put too much emphasis on the 1952 International Labour Organisation Convention, since this focused on social security systems in general and not specifically related to contributory pensions in particular. Under UK domestic law, the existence of reciprocal arrangements was not a requirement for the UK state pension to be increased. In addition, there was no pattern between those countries where reciprocal arrangements with the UK existed and those countries where they didn't.
It was revealed during the inquiry that the locomotive on a ballast train had lost the rack in January 1895 a little lower down the line. Details are not recorded, but it is likely that the locomotive dropped back onto the rack and was not badly damaged. After hearing all the evidence, it was decided that the weather had caused a freeze–thaw action which had led to settlement in the ground. Another contributory factor was the construction work being carried out during poor weather, and then not being checked for settlement when the weather had improved.
Murphy alleged direct infringement for the station's use of the unaltered picture, and contributory and vicarious infringement for the user-modified pictures. The defendants claimed that the station's actions qualified as fair use under the Copyright Act. The district court held that both the user-modified and the unaltered copies of Murphy's picture had transformative purposes from the original, with the former being parody and the latter being news reporting, both of which qualify as fair use. The court also noted that Murphy suffered no adverse economic impact from WKXW's copying, bolstering the fair use defense.
He has performed at every Glastonbury Festival since 1983,at the Edinburgh Fringe on and off for 35 years, and continues to write topical, satirical material on all kinds of subjects. He puts on an annual beer and music festival 'Glastonwick', currently held at Coombes Farm, near Shoreham though originally in Southwick, his home town nearby. June 2018 saw the 23rd Glastonwick. Notable works from the 1980s include the poem "Contributory Negligence"; various Russian-themed poems, satirizing the alleged Cold War Russian threat in the context of Margaret Thatcher's Britain (such as "Russians in the DHSS" and "Russians in McDonald's").
When asked by the plaintiffs' attorney, David Royse, what that meant, Johnson replied that they "should have been aware of the dangerous conditions that existed in that there had been considerable media coverage about the necessity of improving runway conditions at the airport." Comair passengers blamed in crash At the time Johnson submitted the contributory negligence defense, he had not yet been able to speak to Polehinke himself. By the time newspapers reported on the court documents, Johnson said he had already told Royse, who criticized the statements, that he would withdraw the argument."Culture Wars: Pilot Demise". culturewars.com.
The Ninth Circuit agreed with the District Court's finding that downloading MP3 files is not covered by the Audio Home Recording Act. The Ninth Circuit disagreed slightly with the District Court on the safe harbor issue, however, finding that the contributory infringement does not necessarily exclude a party from safe harbor protection. The court held that the safe harbor issue would be explored further at trial. Napster also argued that the record companies waived their rights to copyright protection because they "hastened" the spread of MP3s on the web and had their own plans to get into the digital market.
From 1942 to 1956, he was also a lecturer in patent law at Columbia University in its School of General Studies. In the 1940s, motivated by a prize competition, Rich authored a series of law review articles on patent practices and the anti-monopoly laws, and particularly, on contributory infringement and misuse. The series is considered by many to be a classic in the field. He was very active in the work of the New York Patent Law Association, and eventually became its vice president in 1948 and 1949, and its president in 1950 and 1951.
Palma Rosa is a three-level sandstone house built in 1886-87, possibly as a speculative venture for, and to the design of, prominent Brisbane architect Andrea Stombuco. It is one of Stombuco's most flamboyant residential designs, erected at the pinnacle of his success in Queensland. Ironically, construction of the building may also have been a strong contributory cause to his near insolvency in the late 1880s/early 1890s. Andrea Stombuco was an Italian sculptor and builder who had travelled widely and was involved in various business enterprises, including stone quarrying at Cape Town in South Africa, before emigrating to Victoria in 1851.
Columbia v. Fung was one of the few cases since Grokster where a court applied an "inducement" theory of copyright, rather than one of contributory or vicarious infringement. Furthermore, at the time, this case was also the only known case in which a service provider was disqualified from DMCA safe harbor provisions due to having enough "red flag knowledge" of infringing activity. Evidence of this red flag knowledge included Fung's own active encouragement of infringing activity (listing top 20 grossing movies, inviting users to upload a torrent file of these movies, etc.) and his own personal use of isoHunt to download infringing material.
Respondent's refusal to license those > who do not purchase propanil from it thus effectively subjects all competing > sellers of propanil to liability for contributory infringement.448 U.S. at > 230-31. . . . This would permit an even more complete extension of the > patent monopoly to a market for unpatented materials than would result from > a patentee's attempts to control sales of staples that have substantial > alternative uses outside of the patented process. Section 271(d) should not be interpreted to immunize this conduct without a clear signal from Congress that it desires that result, he said, and that signal is lacking.
The legislative history indicates only an intention by Congress "of reinstating the doctrine of contributory infringement as it had been developed by decisions prior to Mercoid, and of overruling any blanket invalidation of the doctrine that could be found in the Mercoid opinions." The majority can find nothing in the debates or Committee Reports to support its position, or anything said by legislators, so it turns to "the opinions of private patent attorneys as to the meaning of the proposed legislation."448 U.S. at 236-37. White then says it is contrary to precedent to do that.
According to an old writer, the motive for their act was the news, brought by a pilgrim from Palestine that Dona Magdalena's first husband had survived the battle of Alcácer Quibir, in which he was supposed to have fallen, and still lived; Almeida Garrett has immortalized the legend in his 1843 play Frei Luís de Sousa. The story, however, deserves no credit, and a more natural explanation is that the pair took their resolution to leave the world for the cloister from motives of piety, though in the case of Manuel the captivity of his country and the loss of his daughter may have been contributory causes.
Four years later the same court declined to disturb a jury's verdict in favor of a man who was injured by a puck as he was walking from his seat to use the bathroom. The defendant had argued for contributory negligence, but, the court said, the degree to which the accident could have been anticipated was a factual finding properly submitted to the jury. Citing the relative novelty of the sport, which had only been played in California for 12 years at that time, a 1939 appeals court in that state declined to apply the Baseball Rule to hockey in Thurman v. Ice Palace.
President Cooke described what happened thus, The raspberry orchardists sued Trevor Ivory in negligence and Heron J in the Nelson High Court found in their favour and awarded damages of $145,332 plus interest. The award of damages was made on the basis that the company was liable for breach of contract and negligent misstatement and that Mr Ivory was also personally liable for negligent misstatement.Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 at 519. Mr Ivory and Trevor Ivory Ltd appealed the decision that he was personally liable for negligent misstatement; the judges alleged failure to consider contributory negligence; and the quantum of damages.
These actions by Rome fuelled resentment in Carthage, which was not reconciled to Rome's perception of its situation, and are considered contributory factors in the outbreak of the Second Punic War. The leading role of Hamilcar Barca in the defeat of the mutinous foreign troops and African rebels greatly enhanced the prestige and power of the Barcid family. In 237 BC Hamilcar led many of his veterans on an expedition to expand Carthaginian holdings in southern Iberia (modern Spain). Over the following 20 years this was to become a semi-autonomous Barcid fiefdom and the source of much of the silver used to pay the large indemnity owed to Rome.
Based on the autopsy and toxicology findings, the cause of Jackson's death was determined to be acute propofol intoxication with a contributory benzodiazepine effect and the manner of death to be a homicide, eventually, so that the focus of the investigation shifted toward Murray. He admitted administering 25 mg of propofol intravenously, for insomnia, on the night of Jackson's death. He claimed that he tried treating him with other drugs and that he only administered the propofol after Jackson insisted, according to a police affidavit. Murray said he worried that Jackson had become dependent on the drug as a sleep aid, and was trying to wean him from it.
The Highlands and Islands Medical Service was established in the crofting counties on a non-contributory basis in 1913. Though the fund was held centrally, and the obligation to pay into it was a nationally imposed one, access to the scheme was via Approved Societies, who collected the contributions, paid out for treatment, and provided day-to-day administration. A worker could choose which Approved Society to belong to; this stimulated competition between the societies. The 1911 Act only allowed Approved Societies to collect the contributions of their members; they could not keep the money, but had to forward it to the National Insurance Fund.
The Pay Board was abolished, while the Price Commission was provided with greater powers to control and delay price increases. In addition, the Housing Rents and Subsidies Act 1975 gave power over rents back to local authorities.New Labour, Old Labour: The Wilson and Callaghan Governments, 1974–79 edited by Anthony Seldon and Kevin Hickson To help those with disabilities, the government introduced an Invalid Care Allowance, a Mobility Allowance, a Non-Contributory Invalidity Pension for those unable to contribute through national insurance, and other measures. To combat child poverty, legislation to create a universal Child Benefit was passed in 1975 (a reform later implemented by the Callaghan government).
The public inquiry centred on whether the driver had had adequate training on the recently introduced flashing yellow signals and the implications at multiple junctions (Hall 1987). The driver admitting to signing for, but not actually reading, the Notice that referred to the installation of flashing yellows at Colwich the previous month. A contributory factor was the lack of flank protection given the layout at Colwich Junction. The accident would not have happened if the points had been set to route the train away from the diamond crossing, rather than head-on into the Liverpool train's path as would have been normal practice in an older manual installation.
Kelly also took part in reciprocal visits to the United States Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland, and visits to Porton Down by Russian and American inspectors. Despite their findings, Kelly concluded that the tripartite inspection programme had failed. It was, he said, "too ambitious; its disarmament objective deflected by issues of reciprocity and access to sites outside the territories of the three parties". He went on to add that "Russia's refusal to provide a complete account of its past and current BW activity and the inability of the American–British teams to gain access to Soviet/Russian military industrial facilities were significant contributory factors".
Spurs finished second in the 1951–52 season, beaten to the title by a young Manchester United team. A bad winter and the poor state of the White Hart Lane pitch were contributory, as the "push and run" style of play required a good firm playing surface. The following years witnessed a period of decline, as great players aged but younger players such as Tony Marchi and Tommy Harmer were not yet experienced enough, and with injuries and other teams adapting to Spurs' revolutionary style of play, it meant a struggle for the once-dominant team. Spurs could only finish tenth in the 1952–53 season.
In some countries, all accidental deaths (or apparently accidental deaths) are investigated by government bodies and sometimes a family will do a private investigation. Inquests in England and Wales, for example, are held into sudden and unexplained deaths, and a fatal accident inquiry is performed for an accidental death in Scotland. A verdict of "accidental death" in such cases is returned when there is no contributory factor from an action or omission of the victim ("death by misadventure") or by another person ("unlawful killing"). Deaths during wartime due to imprecise or incorrect targeting may be euphemistically termed collateral damage or the result of friendly fire.
Among the early forms of social welfare in New Zealand was the old age pension, introduced by the Liberal Government in 1898. The scheme was introduced to avoid what MP William Pember Reeves described as the "worst social evils and miseries" referring to the British workhouses where the elderly lived in spartan institutional circumstances. The pension scheme was non-contributory and was available only to the "deserving poor"; men and women who had become destitute through no fault of their own. The prime responsibility for protecting individuals from the hazards of sickness and unemployment lay with individuals themselves, their families and various charity organisations.
When Khaireddin left Tunisia for Constantinople some years later, he sold the estate to a Marseille company which named it Enfidaville. The attempt by the Tunisian authorities to block the sale of the estate to a French buyer is regarded as a contributory factor in the decision of the French government to bring Tunisia under colonial rule. The estate was later sold on to the Société Franco-Africaine. Enfidaville became the chief settlement on the Enfida estate, a property of over 300,000 acres (1,200 km²) in the Sahel district of Tunisia, forming a rectangle between the towns of Hammamet, Sousse (Susa), Kairawan and Zaghwan.
Pension systems provide a way of securing long-term savings but also an indirect way to alleviate poverty, which affects many on the continent. A number of African countries including South Africa, Namibia, Mauritius and LesothoFor example, research shows that 60 per cent of the monthly pension received by persons aged 70 or older in Lesotho is redirected consistently to children. Evidence also suggests that this mechanism has halved Lesotho’s hunger rate (Croome and Mapetla, 2007) have used non- contributory universal pensions as a foundation for broad social security coverage. Many pensioners spend their pension income on books, school fees and health care for grandchildren.
The Uniform Comparative Fault Act (UCFA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) with the intention of harmonizing state laws in force in the states. The UCFA seeks to establish an apportionment of liability that is more flexible than the all-or-nothing approaches of the contributory negligence and last clear chance doctrines. Under the UCFA, the judgment against tortfeasors can be reduced according to any negligence on behalf of the plaintiff, and multiple tortfeasors held joint and several liability can seek contributions from their codefendants.Henderson, J.A. et al.
Community service to a culturally and ethnically diverse population, professional functions, critical thinking, advocacy, applied research activities, and ethical standards are integrated throughout rehabilitation counselor preparation and development.SIUC Rehabilitation Counseling Dept. Though rehabilitation counselors are adept at understanding medical issues surrounding the disability (as proven by certification/licensure), they are trained in the social model of disability, which identifies systemic barriers, negative attitudes and exclusion by society (purposely or inadvertently) that mean society is the main contributory factor in disabling people. Rehabilitation Counselors are often advocates in the community for people with disabilities outside of the workplace, with most doing some form of community engagement.
She will then play the titular character in 2015 drama Tiger Mum, a disciplinarian figure who gels the family together. Audience response to Huang's comeback has been largely favourable, with the viewership of her comeback drama Three Wishes breaking the 1 million mark on its debut episode, a phenomenon rarely seen for local dramas. The captivating storyline, coupled with audience strong anticipation towards Huang's return, were cited as contributory factors towards the drama's strong showing. The finale episode attracted more than 1.1 million viewers, with ratings peaking at a record- breaking high of 1,134,000 viewers – propelling the drama to clinch Top Rated Drama for Year 2014.
It was concluded that the accident had been caused by the baggage door becoming lodged on the leading edge of the right tailplane after it had opened and detached. This changed the aircraft's aerodynamic characteristics so that it became uncontrollable. This in turn resulted in overstressing of the wings and tailplane leading to inflight structural failure, with both wings and tailplane detaching from the fuselage. Contributory factors were the mis- rigged state of the door operating mechanism, which allowed the top and bottom pairs of catches to lose synchronisation, and failure of the door warning indicators to give the crew enough time to respond to door safety alerts.
Scuba divers should not drown unless there are other contributory factors as they carry a supply of breathing gas and equipment designed to provide the gas on demand. Drowning occurs as a consequence of preceding problems such as unmanageable stress, cardiac disease, pulmonary barotrauma, unconsciousness from any cause, water aspiration, trauma, environmental hazards, equipment difficulties, inappropriate response to an emergency or failure to manage the gas supply. and often obscures the real cause of death. Air embolism is also frequently cited as a cause of death, and it, too is the consequence of other factors leading to an uncontrolled and badly managed ascent, possibly aggravated by medical conditions.
Chapman v Hearse is a significant case in common law related to duty of care, reasonable foreseeability and novus actus interveniens within the tort of negligence. The case concerned three parties; Chapman who drove negligently, Dr Cherry who assisted him on the side of the road, and Hearse who, in driving negligently, killed Dr Cherry while he was assisting Chapman. In the Supreme Court of South Australia, Hearse was found liable for damages to Dr Cherry's estate under the Wrongs Act 1936. Hearse sought to reclaim damages from Chapman due to his alleged contributory negligence; Chapman was found liable to one quarter of the damages.
On a dark wet evening in September 1958 Chapman was driving intoxicated and collided with another vehicle. Chapman fell out of his car rendering him unconscious and was noticed by an oncoming driver, Dr Cherry, who stopped and sought to assist Chapman. While attending to the unconscious Chapman another driver - Hearse - unwittingly hit and killed Dr Cherry. The executor of Dr Cherry's estate sought damages from Hearse under the Wrongs Act 1936. During the case, Hearse stated that if he was found liable he should also receive compensation from Chapman as Dr Cherry would not have been on the road had it not been for Chapmans’ contributory negligence.
The Columbus Quest won the only two league championships in history in the 1990s, while the Ohio State University men's basketball team advanced to the NCAA Final Four and national championship game in 2007. In 1995 the Rock 'n Roll Hall of Fame museum opened in Cleveland, commemorating Ohio's contributory past to the art, including being the location of the first live rock 'n roll concert in 1952. Ohio has six of the top 146 public school national universities in the nation, according to U.S. News and World Report's 2020 rankings. In 2008 it was ranked 8th by the same magazine for best high schools.
Some commentators have pointed out that the complex design of scissor section flats leads to a more complex, and costly, construction process while architects have pointed out that the use of so many flights of stairs and the half-storey design means that this form of layout would not meet modern building regulations around accessibility. The unusual layout of the flats and variety of layouts found in a building have caused confusion to the emergency services, and were identified as an contributory factor during the inquest into the death of two firemen fighting a fire in a scissor section flat in Southampton, England in 2010.
Kealy died of hypothermia in February 1979 when he joined SAS candidates on a selection march in the Brecon Beacons in deteriorating weather conditions. He was found alive (but in poor condition) by a two-man search party—one of whom stayed with him and attempted to keep him warm. It was later acknowledged by the coroner that one of the major contributory factors in his death was the delay in retrieving him from the hillside—a delay of some 19 hours due to inclement weather. Another factor was that Kealy had not packed cold weather gear, instead carrying bricks in his Bergen pack to increase its weight to 50 pounds.
The rats raided the food stocks of barley meal and it is possible the inhabitants starved to death, although plague may have been a contributory factor. This occurred in a year in which it is reported that no further ships reached the isolated island to supply or trade. The rats themselves eventually starved to death, the huge swells the island experiences preventing their hunting along the rocky shores. It was resettled, but again depopulated by around 1695 in some sort of boating tragedy, after which it remained home to a succession of shepherds and their families. It had a population of nine in 1764.
On 30 January 2005 a Royal Air Force Lockheed C-130K Hercules C3, serial number XV179, callsign Hilton 22, was shot down in Iraq, probably by Sunni insurgents, killing all 10 personnel on board. At the time, the incident was the largest single loss of life suffered by the British military during Operation Telic. The Board of Inquiry report in December 2005 identified the lack of a fire-suppressant system as a contributory factor. In September 2006, the British Channel 4 News aired an article criticising the Ministry of Defence for having fitted only one C-130 Hercules with a foam fire-suppressant system.
Adolescent cannabis users show no difference from their peers in suicidal ideation or rate of suicide attempts, but those who continue to use cannabis into adult life exhibit an increased incidence of both, although multiple other contributory factors are also implicated. In the general population a weak (indirect) association appears to exist between suicidal behaviour and cannabis consumption in both psychotic and non-psychotic users, although it remains unclear whether regular cannabis use increases the risk of suicide. Cannabis use is a risk factor in suicidality, but suicide attempts are characterized by many additional risk factors including mood disorders, alcohol use, stress, personal problems and poor support.
In 1946, he received the first annual Award Medal of the Welfare Council for Distinguished Service to the Community. He was instrumental in establishing the Milbank Memorial Fund, an endowed operating foundation that works to improve health by helping decision makers in the public and private sectors acquire and use the best available evidence to inform policy for health care and population health. See www.milbank.org. On March 16, 1933, at the annual dinner of the Milbank Memorial Fund at the New York Academy of Medicine, Milbank urged statewide compulsory health care insurance systems on a contributory basis of percentage of Employees' Pay and Employers' profits to defray the expenses.
On the route between Bad Aibling and Kolbermoor on May 28, 1945 military train full of soldiers collided head on with an empty train. The accident, which occurred in a forest, took five lives and caused 21 injured, some seriously. Contributory cause was the interruption of telephone and communication lines between Bad Aibling and Kolbermoor at the end of World War II. On 9 February 2016 the Bad Aibling rail accident occurred only 700m from the location of the 1945 accident when two passenger trains were involved in a head-on collision near Bad Aibling. Several people were killed and many more were injured.
Harwin was also appointed a Trustee of the Parliamentary Contributory Superannuation Fund. In 2000, he raised the issue of unsafe railway tracks in the Illawarra region, claiming that trains could only run at twenty kilometres because of faulty maintenance. Following his re-election, Harwin served as Deputy Chair of the Procedure Committee and had successfully moved a motion in the Upper House to create a Select Committee on Electoral and Political Party Funding, of which he served as Deputy Chair. Following the election of the O'Farrell- Stoner Liberal/National coalition government, Harwin was elected President of the Legislative Council and chair of the Procedure Committee.
On 6 December 2011, Popular Mechanics published an English translation of the analysis of the transcript of the CVR controversially leaked in the book Erreurs de Pilotage. It highlighted the role of the co-pilot in stalling the aircraft, while the flight computer was under alternate law at high altitude. This "simple but persistent" human error was given as the most direct cause of this accident. Synopsis and transcript of the pilots' conversation from 02:03:44 to 02:14:27 in French with English translation and comments In the commentary accompanying the article, they also noted that the failure to follow principles of crew resource management was a contributory factor.
According to some studies, the more often cannabis is used the more likely a person is to develop a psychotic illness, with frequent use being correlated with twice the risk of psychosis and schizophrenia. While cannabis use is accepted as a contributory cause of schizophrenia by some, it remains controversial, with pre-existing vulnerability to psychosis emerging as the key factor that influences the link between cannabis use and psychosis. Some studies indicate that the effects of two active compounds in cannabis, tetrahydrocannabinol (THC) and cannabidiol (CBD), have opposite effects with respect to psychosis. While THC can induce psychotic symptoms in healthy individuals, CBD may reduce the symptoms caused by cannabis.
A further contributory singular cause of my being awoken by my alarm clock this morning was that I was lying asleep near it till it rang. An actual entity is a general philosophical term for an utterly determinate and completely concrete individual particular of the actually existing world or universe of changeable entities considered in terms of singular causality, about which categorical statements can be made. Whitehead's most far-reaching and radical contribution to metaphysics is his invention of a better way of choosing the actual entities. Whitehead chooses a way of defining the actual entities that makes them all alike, qua actual entities, with a single exception.
Initial findings suggest that at the time of landing, the tailwind was around . The aircraft was at at an altitude of approximately above the surface of runway 10, which is not considered ideal for short finals during poor weather conditions. The throttle was found to be in a fully forward position (takeoff or go-around position) and the spoilers were retracted from the position of the speed brake lever, which indicates that the pilots might have tried for a go-around. The tailwind, rubber deposits and wet runway affecting the braking performance of the aircraft are thought to be contributory factors to the accident.
A convoy of ships at sea is easier to identify than a convoy of trucks traveling under a jungle canopy, but both would be harder to identify and attack at night if the interdictor does not possess night vision. #Sustained Pressure: Because the targets of an interdiction campaign are often replaceable or repairable, an interdictor must apply consistent pressure on their enemy to prevent them from doing so. While more of a contributory condition during tactical interdiction operations, sustained pressure has been necessary for strategic campaigns to succeed. #Concentration: The fewer conveyances, routes or depots an enemy possesses, the easier it is to interdict them.
In contrast, the remaining four Earth Pressure Balance TBMs (EPB TBMs) are used to bore through the Kenny Hill formation. The built-in technology in the TBMs prevents the loosening and collapse of the tunnel face during boring, and minimises surface settlement above the tunnels which avoid land subsidence (a major cause of sinkholes). Besides, the TBMs are also designed to reduce water drawdown, which is a major contributory factor in sinkholes developing. Overall the works for both elevated and underground sections of the SBK Line are advancing fast with progress on-track, and the project is expected to complete by the year 2017.
The Civic Welfare Training Service (CWTS) is one of three components of the National Service Training Program, a civic education and defense preparedness program for higher and vocational education students in the Philippines. CWTS activities "are contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizenry". Graduates of the CWTS become members of the National Service Reserve Corps, which may be tapped by the state for the delivery of literacy, civic welfare and disaster risk reduction programs and activities.
Little remains of the earlier buildings aside from some loose effigies dating from the 17th Century and three marble wall monuments from the 18th Century. The church's large North Chapel houses the tombs of Charles Hanbury-Tracy, 1st Baron Sudeley (1778–1858) and his wife Henrietta Susanna Tracy. Lord Sudeley left £5000 towards the creation of the tombs, which were designed by John Graham Lough. The large sums of money which the family donated towards the building an upkeep of the church, combined with the agricultural depression of the late 19th Century were eventually contributory factors to the financial decline of the Hanbury-Tracy family.
The episodes in series three are arranged in a loose story arc: "Mr Saxon", an alias for the Master. The character's name was first mentioned in "The Runaway Bride"; the Ministry of Defence shot down an alien craft at Saxon's request. Several elements from episodes in the series are contributory to the three-part finale: the events of "The Lazarus Experiment" and "42" were directly influenced by the Master; the Face of Boe's prophecy is directly related to Master; and a similar fob-watch that was used by the Doctor to change his Time Lord biology into human was also used by the Master to hide from the Time Lords.
Mutation of the gene for apolipoprotein E (APOE) is predictive of Alzheimer's disease. Lack of the APOE receptor is suspected to be a contributory factor to Alzheimer's: a significant reduction in SORL1 (LR11) expression has been found in brain tissue of Alzheimer's disease patients. The APOE receptor has also been linked with regulation of amyloid precursor protein, faulty processing of which is implicated in Alzheimer's. A more recent study by a group of international researchers Advance online publication; Volume/Issue/Page available later supports the proposition that SORL1 plays a part in seniors developing Alzheimer's disease, the findings being significant across racial and ethnic strata.
The major cause of its population decline was habitat loss from forest clearance, but hunting and nest predation by introduced species and rats were also contributory factors. Protection of the laurel forests and a ban on hunting could enable numbers to increase, although this species is still endangered. Columba janthina is a type of wood pigeon that normally habitates on a Camellia japonica Linne but lives on a Machilus thunbergii forest in Korea. For that reason, the distribution of the Machilus thunbergii and the Japanese wood pigeon are closely related and the preservation of Machilus thunbergii is directly connected with protection of Japanese wood pigeon.
Researchers also cite deforestation, resulting in fragmentation of suitable habitats, and climate change as possible contributory factors. Species such as Pseudoeurycea brunnata and Pseudoeurycea goebeli that had been abundant in the cloud forests of Guatemala and Mexico during the 1970s were found by 2009 to be rare. However, few data have been gathered on population sizes over the years, and by intensive surveying of historic and suitable new locations, it has been possible to locate individuals of other species such as Parvimolge townsendi, which had been thought to be extinct. Currently, the major lines of defense for the conservation of Salamanders includes both in situ and ex situ conservation methods.
The building in both its aspect and architecture reflects both the optimism for the future and the competitive drive which several of the banks were exhibiting at this time. In July 1949, title passed from the Queensland National Bank to the National Bank of Australasia, who held the property until 1978, when the branch was closed. Title to the land changed several times until the property was purchased by the current owners in 1983. The former Queensland National Bank, South Brisbane Branch was identified as a Place of Contributory Significance in Brisbane City Council's 1993 Heritage Study of the South Brisbane, West End and Mater Hill areas.
Muhammad has been criticized for his handling of Ali's money and for allowing him to continue boxing into "fistic old age". This led to suggestions of exploitation of Ali given the fighter's early indications of health issues from around 1977 onwards, when "ring doctor" Ferdie Pacheco wrote to Muhammad amongst others to recommend that Ali cease fighting, given what he saw as emerging health issues in the fighter. Instead Ali kept fighting for another four years, judged by many to be a major contributory factor in Ali's eventual Parkinson's disease diagnosis. Others questioned Muhammad's actual business acumen, given Ali's financial profligacy and lack of quality income generating activity post- retirement.
The mandatory state pension is an unfunded contributory pension based on redistribution of contributions from those working to those in retirement. The scheme aims to provide up to a maximum of 50% of the retiree's income during their highest earning years up to a limit of €35,000 annually (in 2010). The state scheme is financed by a payroll tax known as "social security contributions". The rate in 2013 is 15.15% (8.4% for employer and 6.75% for the employee) of pay up to the social security contribution ceiling of €37,032, and 1.7% (1.6% for the employer and 0.1% for the employee) on the remainder of the salary.
In Spain, the ingreso mínimo vital is an economic benefit guaranteed by the Social security in Spain in its modality no contributory. The IMV is defined as a "subjective right" and is intended to prevent poverty and social exclusion of people who live alone or integrated into a coexistence unit when they are in a situation of vulnerability due to lack of sufficient financial resources to cover their basic needs. The benefit, which is not fixed and varies depending on various factors, ranges between 462 and 1015 euros per month, is expected to cover 850,000 households (approximately 2.5 million people) and will cost the government 3 billion euros per year.
Other contributory factors have been suggested, including an increase in traffic, the inconvenience of having to close roads for the event and also a surge of oil prices stemming from the Suez Crisis. On average the Grand Prix saw one fatality per year, partly due to the nature of the circuit which featured monsoon drains and bus stops. Graeme Lawrence, a three-time winner of the Singapore Grand Prix, believed that the Thomson Road circuit was one of the most dangerous in the world. A permanent track incorporating a sports complex was proposed as a replacement for the Thomson Road circuit, but this did not come to fruition.
In the Drupal community, "core" refers to the collaboratively built codebase that can be extended through contributory modules and – for versions prior to Drupal 8 – is kept outside of the "sites" folder of a Drupal installation. (Starting with version 8, core is kept in its own 'core' sub- directory.) Drupal core is the stock element of Drupal. Common Drupal-specific libraries, as well as the bootstrap process, are defined as Drupal core; all other functionality is defined as Drupal modules including the system module itself. In a Drupal website's default configuration, authors can contribute content as either registered or anonymous users (at the discretion of the administrator).
Months after taking up post at the Finance Ministry, Fayval Williams informed that the government would be exploring alternatives 11.4 Billion annual National Housing Trust withdrawals for budget financing, effectively discontinuing the policy of the previous administration. In her first Sectoral presentation in Parliament June 24, 2016, Williams disclosed that he Pensions (Public Service) Act to establish a contributory pension scheme in the public sector, is to come before Parliament. "Getting the public employee pension administration system completed is a key goal for this administration," Williams announced. In July 2016, Fayval Williams pointed to the need for Jamaica to implement a national identification system.
"Face to Face" is a 1987 single released by Scottish alternative rock group Goodbye Mr Mackenzie. It was their third independent single release, and their last before signing a major label record deal with EMI's Capitol Records. Inspired by a rape case during the 1980s, where the victim was accused of "contributory negligence" by the trial judge, all profits made from the sales of "Face to Face" were donated to Rape Crisis. In 1989, "Face to Face" was included on the band's rarities compilation album Fish Heads and Tails; and in 1999, it was remastered and included on a re-issue of the band's debut album Good Deeds and Dirty Rags.
The UK was > shaken by its worst riots in decades. A wide-ranging LSE study called > Reading the Riots concluded that the major contributory factors were > opportunism, perceived social injustice, deprivation, and frustration at the > way communities were policed. A YouGov poll was carried out on 8–9 August > 2011 for The Sun asking what those surveyed believed to be the main cause of > the riots. In it, 42% of those polled thought "criminal behaviour" to be the > main cause, whilst 26% thought "gang culture" was, 8% thought "government > cuts" were, 5% thought "unemployment" was, 5% thought "racial tensions" was > and 3% thought "poor policing" was.
Phillips urged that Netgear indirectly infringed its patents and was liable for contributory infringement. First, with respect to the indirect infringement, the district court concluded that Netgear could not indirectly infringe plaintiff's patent since there were no evidence that the patent is directly infringed by the third parties. The court acknowledged that end users could enable fragmentation through software control and therefore might infringed the patents at issue. However, because fragmentation is merely an optional component of the IEEE 802.11 specification and Netgear products did not enable fragmentation by default, the court could not find any explicit circumstantial evidences that third parties indeed infringed the 952 patent.
Rich took an active role in the work of the New York Patent Law Association when it undertook to introduce and foster legislation to address the Supreme Court's Mercoid cases, which virtually destroyed the doctrine of contributory infringement. In 1947 he became part of a two-person committee to draft a new U.S. patent statute, all while continuing to practice law full-time. His partner on the statute drafting committee was Pasquale Joseph Federico, the Examiner-in-Chief of the U.S. Patent Office. After four years of work, Rich and Federico's draft statute was introduced in the Congress by Joseph Bryson (D-SC) in 1951.
Prior to 1900 in Australia, charitable assistance from benevolent societies, sometimes with financial contributions from the authorities, was the primary means of relief for people not able to support themselves. The 1890s economic depression and the rise of the trade unions and the Labor parties during this period led to a movement for welfare reform. In 1900, the states of New South Wales and Victoria enacted legislation introducing non-contributory pensions for those aged 65 and over. Queensland legislated a similar system in 1907 before the Australian labor Commonwealth government led by Andrew Fisher introduced a national aged pension under the Invalid and Old-Aged Pensions Act 1908.
In AD 8, the Dalmatians and the Pannonians, ravaged by famine and disease, wanted to sue for peace but were prevented from doing so by the rebels, who had no hope of being spared by the Romans and so continued to resist. Tiberius had pursued a policy of scorched earth to starve the Pannonians. Cassius Dio also noted that there were grain shortages in Rome the previous year and that later in this year the famine abated. It is not known how widespread this famine was and whether it touched other Mediterranean areas, including Dalmatia and Pannonia, and thus had been a contributory factor.
Under U.S. patent law, when a patent owner sells supplies to customers with the understanding that they will use the supplies to practice the patent, the customers get an implied license to use the patent. " On the other hand, the Barber Company sues as a contributory infringer a competing manufacturer of this unpatented material who sells it to a road builder for such use."302 U.S. at 460-61. Leitch used Stulz-Sickles Company as a jobber to sell bituminous emulsion to the Standard Bitulithic Company, which used the patented process in road construction, and Barber and Stulz-Sickles knew that Standard would so use it.
By doing so, he is able > to eliminate competitors, and thereby to control the market for that > product. Moreover, his power to demand royalties from others for the > privilege of selling the nonstaple item itself implies that the patentee may > control the market for the nonstaple good; otherwise, his "right" to sell > licenses for the marketing of the nonstaple good would be meaningless, since > no one would be willing to pay him for a superfluous authorization.448 U.S. > at 201. Since all of what Rohm & Hass did here is immunized under § 271(d), it is entitled to prevail against Dawson in its contributory infringement suit.
But once it is obvious that this is one of those rare cases, the defendant cannot argue that the breach of the duty could not have been the cause of the harm because the victim caused it to himself. Thus, the defendant will be liable for the consequences of their negligence, however objectively unreasonable the claimant’s act may be, although damages may be reduced to take account of the claimant’s contributory negligence: in this case, damages were reduced by 50%. In Morris v Murray (1990) 3 AER 801 the claimant helped an obviously drunken pilot get into a small aeroplane, which crashed as it attempted to take off. This was a classic case for volenti to apply.
Also, at the time, American courts recognized assumption of risk and contributory negligence, when proven, as absolute bars to any recovery by a plaintiff. "If [they] knew of the dangers of foul balls and chose to sit in an unprotected seat," Hylton writes, "then he or she opened himself up to the charge that his or her own negligence ... had contributed to his or her injury." He also speculates that the dominant cultural ethos of rugged individualism during the Gilded Age and early Progressive Era may have led injured spectators to fault themselves, and only themselves, for their injury. The earliest reported lawsuit over injuries from a batted baseball was filed during the first decade of the 20th century.
Since given a choice between protected and unprotected seats, Crane chose the latter (for the unobstructed view, the court speculated), there was contributory negligence on his part and the team was not liable. "One invited to a place who is offered a choice of two positions one of which is less safe than the other cannot be said to be in the exercise of reasonable care if, with full knowledge of the risks and dangers, he chooses the more dangerous place", wrote Judge W.O. Jackson. "That is a fundamental rule of the law of negligence." Almost a century later, Hylton observed that despite Crane's failure to win his case, the court's decision did impose two requirements on teams.
Even today (2019), the owners of old buildings or mansions, listed as architecturally preserved, prefer to let them collapse to avoid the preservation cost and exploit the plot. After World War II and the Greek civil war, this practice (the massive construction of condominiums in the major Greek city-centres) was a major contributory factor for the Greek economy and the post-war recovery. The first scycrapers were also constructed during the 1960s and 1970s, such as the OTE Tower and the Athens Tower Complex. Acropolis Museum During the 1960s and 1970s, Xenia was a nationwide hotel construction program initiated by the Hellenic Tourism Organisation (Ελληνικός Οργανισμός Τουρισμού, EOT) to improve the country's tourism infrastructure.
By 1831, none of the component boroughs was of any considerable size: New Radnor had a population of approximately 2,500, Knighton of 1,076, Rhayader of 669, Knucklas of 236 and Cefnllys of only 28. Under the Great Reform Act the constituency kept its one MP, but Presteigne (which had for centuries been recognised as the county town) was added as a contributory borough, and Rhayader's boundaries were slightly extended. This raised the total population of the constituency to around 6,355, and under the revised franchise there were 529 electors on the register at the 1832 election. In the entire period between the first and second Reform Acts there was no contested election for the Radnor boroughs.
Holmes was charged with manslaughter and found guilty, but was given an absolute discharge – a decision strongly supported by both the jury and by public opinion. The railway company was criticised for its cavalier treatment of Holmes, and there had been contributory negligence; by the Otterington signalman who knew of Holmes' condition and took no action when there was silence from his signal box for nearly a quarter of an hour, and by the crew of the goods train who remained halted outside Holmes' signal box for several minutes without sending a crewman to the signal box in accordance with Rule 55 to ensure that their train was properly protected by the signals and block instruments.
The aircraft stalled and dove to the ground while still in a nose-up attitude at very low flying speed shortly after retracting the flaps. Although the failure of the aircraft's no. 1 engine was established as the accident's probable cause, loss of speed and consequent loss of control through an error of judgement of the pilot in command were considered important contributory factors.ASN Aircraft accident description Avro 685 York C.1 G-ANSY near Żurrieq, Malta (MLA)Flight International, 2 March 1956, Brevities, p. 253 The second-worst fatal accident in Scottish Airlines' history occurred on 7 December 1957, when one of the firm's Scottish Aviation Twin Pioneer 1 planes (registration: G-AOEO) crashed SSW of Tripoli, Libya.
Slow economic growth is a contributory factor for child poverty in Tanzania.Unicef, "Childhood Poverty in Tanzania: Deprivations and Disparities in Child Well-Being", pp 3, 10 (Report : September 2009) (Retrieved : 21 June 2012) Based on 2012 estimates, more than a third of households "live below the basic needs poverty line" earning less than $1 a day, while 20% of the total population "live below the food poverty line". However, it is the rural communities of Mainland Tanzania and Zanzibar who are mostly affected. This disparity in wealth between urban and rural is a key factor for child poverty in the rural areas, with 48% lacking basic needs compared to 10% of their peers in the urban areas.
Despite Methodism's early progress around Rye and Winchelsea in the Rape of Hastings, Methodism took longer to gain ground in the rest of Sussex. Methodism in the coastal towns of Sussex had a very unusual origin in that it was Methodists in the army who were the main or contributory founders of Methodism in towns from Chichester to Bexhill, including Lewes. Michael Hickman has argued that it was not until 1803 when Methodists and others in the army were allowed to worship freely on Sundays that Methodist soldiers could support or found Methodist societies in Sussex. 1805 saw the timber-framed Jireh Chapel open in Lewes, for Calvinist William Huntington whose tomb is at the rear of the chapel.
The Cradley Heath Workers' Institute (Known locally as the 'Stute') was built between 1911 and 1912 in Lomey Town, Cradley Heath, West Midlands, England. It was built as a social centre for the people of Cradley Heath and surrounding areas within the Black Country, intended to become a venue for educational meetings and lectures. It also housed Union offices, where members could come to seek guidance, and from which the Contributory Unemployment Fund would be distributed. In 2006 the building was threatened by a bypass and so was moved to the Black Country Living Museum in a collaborative project including Sandwell MBC, Midlands TUC and funded by the community and the Heritage Lottery Fund.
Then in 1978, The State Earnings-Related Pension Scheme (SERPS) replaced The Graduated Pension Scheme from 1959, providing a pension related to earnings, in addition to the basic state pension. Employees and employers had the possibility to contribute to it between 6 April 1978 and 5 April 2002, when it was replaced by the State Second Pension. After the Second World War, the National Insurance Act 1946 completed universal coverage of social security, introducing a State Pension for everybody on a contributory basis, with men being eligible at 65 and women at 60. The National Assistance Act 1948 formally abolished the poor law, and gave a minimum income to those not paying national insurance.
The only technical limit to the number or length of the electrical cycles is the life of the battery, which can be ten minutes or more. Concerns about the use of conducted electrical weapons have arisen from cases that include the death of the Polish immigrant Robert Dziekanski in the Vancouver, BC airport where he died after the RCMP officer, in spite of his training, repeatedly stunned him with a TASER CEW. The report by forensic pathologist Charles Lee, of Vancouver General Hospital, listed the principal cause of death as "sudden death during restraint", with a contributory factor of "chronic alcoholism". A similar incident occurred in Sydney, Australia, to Roberto Laudisio Curti, a 21-year-old tourist from Brazil.
Illustrations include watercolors, pen and ink drawings, photographs, engravings, newspaper clippings, and signs, with a section of color plates in addition to black and white illustrations throughout. A revised and updated edition was put out in November 2002 by the American Historical Press under the title York County: To the Setting of the Sun : An Illustrated History ( ). During his research for Setting, Sheets learned of the national historical importance of William C. Goodridge. His editor in California put him in touch with historian John Jezierski, of Saginaw, Michigan; Some of Sheets' research was contributory to Jezierski's substantial work on Goodridge photography, called Enterprising Images: The Goodridge Brothers, African American Photographers, 1847–1922.
By 1975, New Zealand had a generous welfare system, which included unemployment and sickness benefits, a benefit for single parents (the DPB) and a means tested old-age pension from the normal retirement age of 60 plus a Universal pension from 65 years. The third National government scrapped Labour's contributory scheme and introduced National Superannuation, a non-means tested pension available to all New Zealand citizens over the age of 60, linked to the average wage (initially 70% with the intention of increasing it to 80%). This was enormously expensive, costing NZ$2.5 billion per annum by 1984,Belich, James (2001). Paradise Reforged: A History of the New Zealanders from the 1880s to the Year 2000.
In some countries it is (or can be) a total defence to show that the claimant knew and accepted the risk of the injury in undertaking their course of conduct. In other countries it can give rise to a partial defence of contributory negligence. In contract law, many clauses in contracts which at first appear to be exemption clauses relating to personal injury (which are in many countries invalid by lawSee for example the Unfair Contract Terms Act 1977 in the United Kingdom) are in fact phrased so as to demonstrate that the person signing the contract was aware of and voluntarily accepted the risk of personal injury, which may then subsequently establish a successful volenti defence.
Suggested contributory causes for the localisation of the IVC include changes in the course of the river,David Knipe (1991), Hinduism. San Francisco: Harper and climate change that is also signalled for the neighbouring areas of the Middle East.Emma Maris (2014), Two-hundred-year drought doomed Indus Valley Civilization, nature many scholars believe that drought, and a decline in trade with Egypt and Mesopotamia, caused the collapse of the Indus Civilisation. The climate change which caused the collapse of the Indus Valley Civilisation was possibly due to "an abrupt and critical mega-drought and cooling 4,200 years ago," which marks the onset of the Meghalayan Age, the present stage of the Holocene.
Following the release of Lincoln Street Switch, Lo-Key Fu joined local original band Rollerskates as a live samplist, second keyboardist, hip-hop MC and vocalist and he remained a contributory member of this outfit until December 2003. It was during this time that Lo-Key Fu originated and developed a technique that used hand movements over the Roland infrared D-Beam technology of the SP-808 to interactively pitch bend samples in a manner that emulated record scratching as part of the band's live performance. In addition to composing, remixing and producing music for this group he also designed artwork for CD releases and printed promotional material; most notably for the successful The Movement EP.
" He added that the parents' conduct, "a contributory factor in the abduction, was largely downplayed or ignored altogether by sycophantic, gullible blanket coverage." Raymond Snoddy wrote in Marketing: "To what extent has all this coverage been kept afloat for so long because the child is white and photogenic, and has articulate, resourceful parents? Of course, the news value of the story was also enhanced by context - everyone's worst nightmare, a child snatched from an apparently secure apartment in an upmarket holiday resort. But the sad truth is that if a black child had been snatched from a sink estate in Liverpool or Glasgow, the chances are you would not know their name.
Israeli soldiers of the Nahal Brigade withdrawing from Lebanon What became known in Israel as the Battle of Wadi Saluki is called the Battle of Wadi al-Hujeir in Lebanon. Wadi as-Sulouqi originates in the area of Bint Jubeil and runs north several kilometers west of the Israel-Lebanon border until it turns west near the town of at-Tayyiba. The wadi is named Wadi al-Hujeir when it meets the western contributory and turns north before it joins the Litani River near the Akiya bridge. The area was the obvious route of any Israeli attempt to cut south Lebanon off at the Litani river. Both the Israeli invasions in 1978 and 1982 passed through this area.
The 2006 series caused controversy for the misguided information presented in "Silent Killer" (2006), which suggested a link between TETRA radio emissions and motor neurone disease. Statements were released by the TETRA Industry Group and the MND Association, the latter emphasising that while there is some evidence to suggest a link, it is not a single contributory factor. "Heart of Darkness" (2006) was criticised for portraying a causal link between the MMR vaccine and autism, and the BBC received complaints on the matter. The Editorial Complaints Unit ruled that the episode had contravened the BBC's "obligation of due impartiality on matters of public controversy" and that the episode would not be repeated in its original form.
Subsequent studies from South Africa and Israel found that sub-populations that had historically consumed only small quantities of sucrose had much less CHD than those who consumed large quantities, but that as their sucrose consumption increased so too did their incidence of CHD. Experimental evidence from animal studies showed that consumption of a sugar-rich diet leads to biochemical changes that are associated with CHD, such as an increase in blood triglyceride, an increase in platelet stickiness, and an accumulation of fat in the liver. Results similar to some of these were found in human subjects. Epidemiological evidence similarly pointed to excess sugar consumption as a contributory factor in the development of type 2 diabetes.
The Board found that there were contributory factors: flying low in daylight, lack of fire retarding technology in the fuel tanks, and a lack of up-to-date information on threats in the area. It was later discovered that two American Black Hawk helicopters had been targeted by surface-to-air missiles in the region where the Hercules was shot down. This information was not passed on to the crew of the Hercules because the Intelligence Officer in the area was unaware of the Hercules' presence, let alone the flight plan that had been filed for its journey. The aircraft was fitted with various defences including a Directional Infra-Red Countermeasures system, flares, chaff and a missile warning system.
The function of HMRI was to inspect and approve all new (or modified) railway works and to investigate railway accidents. Accident investigations were inquisitorial, generally not open to the public, and aimed to determine the causes behind the accident (both the immediate cause and contributory factors) and to make recommendations to avoid re-occurrence. Until the 1860s, in the first instance, accident reports were internal and only published in the accident returns made from time to time by the Board of Trade to Parliament. For fatal accidents, a coroner's inquest would also be held, which inspectors might attend to hear the evidence, to assist the coroner, or to give evidence themselves of what their investigation had found.
Although all cases where a diver dies while wearing a rebreather are classified as rebreather fatalities, this does not necessarily mean that a rebreather equipment problem was a contributory factor to the death of the diver. Not much is known about the root causes of these accidents because many investigations were inadequate and such findings as exist are often not made public. This makes it difficult to objectively improve the equipment, procedures and training so that the faults and errors are not repeated. The most common equipment tests in rebreather incidents include examination of the equipment, scrubber testing, oxygen consumption tests, work of breathing measurements, checks on electronics and sensors, and tests of modifications where present.
Russian culture exhibited a split personality, with its native and adopted elements having drifted apart increasingly since the time of Peter the Great. That resulted in uncertainty among the intelligentsia about the country's national identity, an ambiguity mirrored in Tchaikovsky's career. Despite his many popular successes, Tchaikovsky's life was punctuated by personal crises and depression. Contributory factors included his early separation from his mother for boarding school followed by his mother's early death; the death of his close friend and colleague Nikolai Rubinstein; and the collapse of the one enduring relationship of his adult life, his 13-year association with the wealthy widow Nadezhda von Meck, who was his patron even though they never actually met each other.
Scenarios may also represent circumstances that the system operator hopes never occur, such as complete system shut-down, and allow it to develop strategies for restoration of service (known as black start). Deficiencies in operator training were identified as a contributory cause of the 2003 North American blackout, a factor similarly connected to earlier power failures. The joint US-Canadian task force investigating the incident recommended mandatory periods of simulation time for operators, and validation of the models against actual system characteristics. To enable the training simulator to respond as realistically as possible to the student's actions, the power flow study at its heart must run on a frequent time basis, such as every few seconds.
The Operation Paget inquiry report into the allegation of conspiracy to murder Metropolitan Police Service, 2006-12-14, Chapter 9, page 532, paragraph 4, page 538, statement 177: 'Jean Monceau is an experienced embalmer. ... He believed she needed to be embalmed. This was principally for presentation purposes before the Princess of Wales’s family ...', page 539: 'I suggested arterial injections to preserve the body from the proliferation of bacteria (odours and change of colour), especially given that the heat in the room where the body was, being so high was a contributory factor.' Diana's two sisters and Prince Charles were scheduled to view the body later that afternoon before bringing it back to the United Kingdom.
The Institute for the Elderly and Social Services (IMSERSO) is an agency of the Government of Spain responsible for the management of social services that complement the benefits of the Social Security System, disability and retirement pensions, in its non-contributory modalities, as well as the exercise of the powers of the General State Administration in matters relating the elderly and dependent persons. The IMSERSO is categorized as a "Management Entity of the Social Security". Despite the large scope of work covered by the Institute, it is mostly known for its programs related to tourism and social thermalism for elderly. The main tourist destinations organized by IMSERSO are located within Spain, Portugal and Andorra.
In addition the investigation identified three contributory factors: # The actions taken following the discovery of a magnetic particle on the epicyclic module chip detector on 25 March 2009, 36 flying hours prior to the accident, resulted in the particle not being recognised as an indication of degradation of the second stage planet gear, which subsequently failed. # After 25 March 2009, the existing detection methods did not provide any further indication of the degradation of the second stage planet gear. # The ring of magnets installed on the AS332 L2 and EC225 main rotor gearboxes reduced the probability of detecting released debris from the epicyclic module. Seventeen Safety Recommendations were made as a result of the investigation.
Within the federal legal systems of several common-law countries, and most especially the United States, it is relatively common for the distinct lower-level judicial systems (e.g. state courts in the United States and Australia, provincial courts in Canada) to regard the decisions of other jurisdictions within the same country as persuasive precedent. Particularly in the United States, the adoption of a legal doctrine by a large number of other state judiciaries is regarded as highly persuasive evidence that such doctrine is preferred. A good example is the adoption in Tennessee of comparative negligence (replacing contributory negligence as a complete bar to recovery) by the 1992 Tennessee Supreme Court decision McIntyre v.
Personal Independence Payment (abbreviated to PIP and usually pronounced as one word) is a welfare benefit in the United Kingdom that is intended to help adults with the extra costs of living with a long-term health condition or a disability. It is non-means-tested, non-contributory and tax-free; it is not linked to a person's ability to work and it is available equally to people in or out of work. It is not intended to be a substitute for a person's earnings, unlike Employment and Support Allowance (ESA) or ESA's predecessor, Incapacity Benefit. Eligibility for PIP is based upon the practical effects of a condition on a person's life, rather than the condition itself.
The obvious cause of the Abermule collision was the unauthorised working of the tablet machines by anyone who happened to be around, and the failure of the staff at Abermule to notify each other of their actions. The slack working practices had been allowed to develop over several years by Stationmaster Parry and Signalman Jones. A contributory cause was the failure of anyone to examine the tablet they received by removing it from its pouch and checking that it was the correct one. Although inspection of the tablet was required in the working rules, it was clearly taken for granted that the tablet was correct, since the system had worked faultlessly for years.
The new loss of control defense found in ss. 54-55 Coroners and Justice Act 2009 also removed sexual infidelity as a qualifying form of provocation, but in a recent controversial decision by Lord Judge in R v Clinton [2012] 1 Cr App R 26 in the Court of Appeal, Lord Judge interpreted the new offense as allowing for sexual infidelity to count under the third prong of the new defense (see Baker & Zhao 2012). R v Clinton [2012] 1 Cr App R 26 has received heavy criticism from academics, see Baker & Zhao, "Contributory Qualifying and Non- Qualifying Triggers in the Loss of Control Defence: A Wrong Turn on Sexual Infidelity," Journal of Criminal Law, Vol.
Upon the general knowledge of the problem, eBay also took reasonable steps to remedy the problem through its general anti-fraud tools. The Court thus held that eBay was not willfully blind. The court concluded that eBay did not ignore the infringing activities and tried to prevent the sale of counterfeit items, as evidenced by the VeRO program and the "fraud engine". In addition, eBay had no affirmative duty to search for potentially infringing items without specific knowledge. The appellate court also agreed with the district court’s ruling that eBay was not liable for contributory trademark infringement in specific cases where eBay received a NOCI from Tiffany and didn’t permanently ban the seller.
The question before the Court was whether the manufacturer could be held liable for trademark infringement when it was the distributors of those drugs (the pharmacists) who actually committed the infringing acts. In an opinion written by Justice Sandra Day O'Connor, the Court agreed with the lower courts that "liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another." The Supreme Court found that a manufacturer or distributor may be held liable for contributory trademark infringement where it "intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement."Inwood Labs.
Initiatives are underway to curtail excessive screenings that have been deemed unnecessary, such as limiting prostate cancer screening as the United States Preventive Services Task Force recently found inadequate evidence to determine whether treatment for prostate cancer detected by screening actually improves health outcomes. Studies in geographic variation have shown no difference in patient outcomes between physicians who practice in high cost areas and those who practice in low cost areas. A 2009 American Board of Radiology Foundation summit to address overutilization also identified defensive medicine and patients as contributory factors to the issue. Defensive medicine is an order for imaging as a result of potential malpractice, rather than benefit to the patient.
Tommy Loates sent him into the lead halfway through the one-mile race, and his opponents were soon struggling. In the closing stages, St. Frusquin drew away to win "very easily" by at least three lengths from Love Wisely (who won the Ascot Gold Cup in June), with Labrador another three lengths back in third. Some critics, however, pointed out that St. Frusquin had been least effective in the downhill section of the race and might therefore struggle on the contours of the Derby course. The ground at Newmarket in the spring of 1896 was reported to be "like iron", a fact put forward later in the season as a contributory factor in St. Frusquin's career- ending injuries.
The causes of > the 2011 England riots both immediate and long-term have been the subject of > media and academic debate. Several speculations have emerged as to what the > likely contributory factors might be for the riots; from socio-economic > causes focusing on unemployment and spending cuts, as well as social media, > gang culture and criminal opportunism. The House of Commons Home Affairs > select committee will begin examining the police response to the riots in > late 2011. The leader of the Opposition, Ed Miliband, called for a public > inquiry into the wider causes of the riots and has stated that his party > would set up such an inquiry if the coalition fails to do so.
Other historians prefer to see his career as both part of and contributory factor in a revival of factional politics in Elizabeth's court and administration after a relatively collegial period in the 1570s and 1580s. The primary causes of this were the unsettled question of the succession to Elizabeth's throne and the often-related foreign policy and military issues of the period. After the death of his step-father, Robert Dudley, 1st Earl of Leicester, in 1588, Essex emerged as the new figurehead for most of his main causes: moderately puritan but aggressively anti-Spanish. A group of Staffordshire landowners formed a local Essex faction – mainly members of the Littleton, Bagot, Chetwynd, Trew and Aston families.
If ever there were a condemnation of the values of the party which > forms the Opposition it is the fact that the virus of Powellism has taken so > firm a hold at every level.'Standing ovation for Prime Minister', The Times > (2 October 1968), p. 4. During the 1970 general election the majority of the Parliamentary Labour Party did not wish to "stir up the Powell issue". However, Labour MP Tony Benn said: According to most accounts, the popularity of Powell's perspective on immigration may have played a decisive contributory factor in the Conservatives' surprise victory in the 1970 general election, although Powell became one of the most persistent rebels opposing the subsequent Heath government.
The reform, launched in 1995 after an agreement with the social partners and the positive outcome from workers, innovated the social security system with a gradual transition to the contributory system and the beginning of supplementary pensions.La Riforma Dini With the victory of Romano Prodi's centre-left coalition in 1996 general election, the dialogue with the trade union movement was strengthened and, as already mentioned, allowed Italy to reach Euro convergence criteria and enter into the single currency.La vittoria di Prodi nel 1996, ma con Rifondazione CGIL, CISL and UIL were also protagonists of a battle against the secessionism of the League, which put at risk the political unity of Italy, with major demonstrations in Milan and Venice.
His contact with the Olomouc Jesuits is considered to be at least partially responsible for his conversion to Catholicism that same year. The contributory factor to his conversion may have been the Counter- Reformation policy of the Habsburgs that effectively barred Protestants from being appointed to higher offices at court in Bohemia and in Moravia, and the impressions he gathered in Catholic Italy. However, there are no sources clearly indicating the reasons for Wallenstein's conversion, except for a subjunctive anecdote by his contemporary Franz Christoph von Khevenhüller about the Virgin Mary saving Wallenstein's life when he fell from a window in Innsbruck. Wallenstein was later made a member of the Order of the Golden Fleece.
In 2008, Ineos proposed that plant workers start contributing a share towards their own pensions (a final salary pension scheme), instead of the existing non-contributory fixed salary pensions. The request would have obliged future new entry employees to pay 6% of their salary, phased in over a six-year period. 97% of the Unite trade union's 1,250 members at Grangemouth voted in favour of strike action. David Watt, of the Institute of Directors in Scotland, stated that the average Grangemouth Refinery plant worker earns £40,000 per year (nearly twice the Scottish average.) This was disputed by the Deputy General Secretary of the Scottish Trades Union Congress, Dave Moxham, who stated that they earn £30,000 per year.
It adopts a restrictive definition of contributory > infringement that distinguishes between staple and nonstaple articles of > commerce... As a result, it is no longer necessary to resort to the doctrine > of patent misuse in order to deny patentees control over staple goods used > in their inventions.448 U.S. at 200-01. Also, § 271(d) rolled back Mercoid 's expansion of misuse to nonstaples: > In our view, the provisions of § 271(d) effectively confer upon the > patentee, as a lawful adjunct of his patent rights, a limited power to > exclude others from competition in nonstaple goods. A patentee may sell a > nonstaple article himself while enjoining others from marketing that same > good without his authorization.
The majority opinion summarized the meaning of § 271(d) as disclosed by the hearings as follows: > It is the consistent theme of the legislative history that the statute was > designed to accomplish a good deal more than mere clarification. It > significantly changed existing law, and the change moved in the direction of > expanding the statutory protection enjoyed by patentees. The responsible > congressional Committees were told again and again that contributory > infringement would wither away if the misuse rationale of the Mercoid > decisions remained as a barrier to enforcement of the patentee's rights. > They were told that this was an undesirable result that would deprive many > patent holders of effective protection for their patent rights.
Panic frequently leads to errors in a diver's judgment or performance, and may result in an accident. Human error and panic are considered to be the leading causes of dive accidents and fatalities. Only 4.46% of the recreational diving fatalities in a 1997 study were attributable to a single contributory cause. The remaining fatalities probably arose as a result of a progressive sequence of events involving two or more procedural errors or equipment failures, and since procedural errors are generally avoidable by a well-trained, intelligent and alert diver, working in an organised structure, and not under excessive stress, it was concluded that the low accident rate in commercial Scuba diving is due to this factor.
The area of biological knowledge which Darwin was the first to subject to scientific method and to render, as it were, contributory to the great stream formed by the union of the various branches, is that which relates to the breeding of animals and plants, their congenital variations, and the transmission and perpetuation of those variations. Outside the scientific world, an immense mass of observation and experiment had grown up in relation to this subject. From the earliest times, people involved in Animal husbandry and plant breeding had made use of biological laws in a simple way. Darwin made use of these observations and formulated their results as the laws of variation and heredity.
The factors that determine the relevance of search results within the context of an enterprise overlap with but are different from those that apply to web search. In general, enterprise search engines cannot take advantage of the rich link structure as is found on the web's hypertext content, however, a new breed of Enterprise search engines based on a bottom-up Web 2.0 technology are providing both a contributory approach and hyperlinking within the enterprise. Algorithms like PageRank exploit hyperlink structure to assign authority to documents, and then use that authority as a query-independent relevance factor. In contrast, enterprises typically have to use other query-independent factors, such as a document's recency or popularity, along with query-dependent factors traditionally associated with information retrieval algorithms.
The original villageUnfortunately, Parton Bay is not as well sheltered as Whitehaven, and within about 15 years, Lamplugh was unable to afford maintenance costs (possibly a contributory factor to the closure of the glassworks and salt-pan about this time). The manor of Moresby was bought in 1722 by one Thomas Brougham, who was able to sideline Lamplugh and develop the port himself, but ironically, in 1738, he sold his rights to the Lowther family. Surprisingly, rather than shut down the port which rivalled Whitehaven, they used it themselves for some of their coal shipments, and Parton prospered for decades. New industries developed, most notably a brewery, but everything was nearly wrecked in 1795, when a storm destroyed the harbour breakwaters.
Recreational scuba divers appear to be on average wealthier and better educated than the general population, as indicated by earlier surveys. There is a greater tendency than average for scuba divers to participate in other sporting and exercise activities than the general population, but lack of adequate physical fitness is frequently cited as a contributory factor in diving accidents. The medical literature, anecdotal evidence and a small-scale survey suggest that a significant part of the recreational scuba diving population may have chronic medical conditions that affect their fitness to dive according to the Recreational Scuba Training Council's guidelines. This may have an influence on risk, as unfitness and preexisting medical conditions are frequently cited in incident reports where the incident was adequately investigated.
Burke has also looked at the role of families of black and Asian people with mental illness, and advocated the importance of treatment within a family context. When treating West Indian people with mental illness, he used his familiarity with key Jamaican role models including Marcus Garvey, Bob Marley and the Rastafarian movement. In one study concerning black people in Birmingham, he reported a 100 per cent response rate once it was made aware that the research team were also black. He wrote on the limitations of one-to-one counselling in Afro-Caribbean people with mental illness when a significant contributory factor to their condition was family stress, and that a positive outcome was strongly influenced by the family-patient interaction.
Two hedge funds that owned 20% of the bank, SRM Global and RAB Capital, took legal action against the Government, regulators and individuals whose nationalisation of the bank, they believed to have been inappropriate, and a contributory factor to the current crisis. On 15 January 2008, a meeting was held at the 11,000 seat Metro Radio Arena to discuss the situation which then existed, where all but one of the proposals put forward by the hedge funds were rejected. In May Legal & General joined the hedge funds, as an "interested party". The hedge funds are to request that an independent valuer assesses the level of compensation and to argue that the bank's shares are worth more than the final price of their trading prior to nationalisation.
Grindon was served by a railway station which was opened by the Leek and Manifold Valley Light Railway on 27 June 1904, whilst being entirely operated by the North Staffordshire Railway. The village was a little distance from the station, and the fact that the line followed the valley bottom whereas the settlements served by the railway were mostly on the hill-tops above was a contributory factor in its demise. The line closed in 1934, but in 1937 the route was reopened as the Manifold Way, a fully tarmacked 8-mile walk- and cycle-path which runs from Hulme End in the north to Waterhouses in the south. The severe winter of February to April 1947 brought particular hardship for moorlands villages like Grindon.
As a consequence; Acton Beauchamp was transferred to Herefordshire.British History Online The hundred of Doddingtree - Retrieved 23 April 2020 The continuous expansion of Birmingham city has been a large contributory factor to Worcestershire's fluid boundary changes and associated housing issues.A Vision of Britain through Time Birmingham Municipal Borough/County Borough, Warwickshire – Retrieved 29 July 2011 Balsall Heath was followed into Birmingham by Quinton Urban District in November 1909, and then by both the Rural District of Yardley and the greater part of the Urban District of King's Norton and Northfield. These latter transfers into the city were as part of the Greater Birmingham Act on 9 November 1911, which saw a considerable expansion of the city into its surrounding districts.
Although the leagues competed for new collegiate talent over the next five years, they had adhered to an unwritten understanding not to sign each other's veteran players. The desperate Giants, then playing in Yankee Stadium, whose late autumn winds sometimes rivaled those faced by Gogolak in Buffalo, signed the Bills star and Gogolak went on to become the Giants' all-time leading scorer. As NFL owners had feared, the May signing led to a marked increase in similar "poachings" by new AFL Commissioner Al Davis, bringing other NFL stars to the newer league. Ultimately, this increasingly expensive competition for key players was a significant contributory factor to the two leagues' owners reaching accord in the AFL–NFL merger on June 8.
Kobus Jonker is often quoted in the media and called as an expert witness regarding such cases. Véronique Faure states: Following sensationalistic media reports about a number of fatal incidents involving children which were linked to Satanism based on hearsay, a member of the Church of Satan condemned so-called Satanic killings in an interview aired on SABC News in May 2013. He said children younger than 18 are not welcome in the church and Satanic rituals are misinterpreted by many people claiming to be Satanists. An article by Khuthala Nandipha in the Mail & Guardian newspaper highlighted community ignorance about Satanism and likely contributory factors including social decay and inequality and the abuse of alcohol and drugs such as nyaope.
The volcanic ground of Tenerife, which is of a porous and permeable character, is generally the reason why the soil is able to maximise the absorption of water on an island of low rainfall, with condensation in forested areas and frost deposition on the summit of the island also contributory causes. Given the irregularity of precipitation and geological conditions on the island, dam construction has been avoided, so most of the water (90 percent) comes from wells and from water galleries (Horizontal tunnels bored into the volcano) of which there are thousands on the island, important systems that serve to extract its hydrological resources. These tunnels are very hazardous, with pockets of volcanic gas or carbon dioxide, causing rapid death.
On July 14, 2008, the United States District Court for the District of Arizona ruled on the case MDY Industries, LLC v. Blizzard Entertainment, Inc.. The Court found that MDY was liable for copyright infringement since users of its Glider bot program were breaking the End User License Agreement and Terms of Use for World of Warcraft. MDY Industries appealed the judgment of the district court, and a judgment was delivered by the Ninth Circuit Court of Appeals on December 14, 2010, in which the summary judgment against MDY for contributory copyright infringement was reversed. Nevertheless, they ruled that the bot violated the DMCA and the case was sent back to the district court for review in light of this decision.
Immediate though temporary relief of piriformis syndrome can usually be brought about by injection of a local anaesthetic into the piriformis muscle. Symptomatic relief of muscle and nerve pain can also sometimes be obtained by nonsteroidal anti-inflammatory drugs and/or muscle relaxants, though the use of such medication or even more powerful prescription medication for relief of sciatica is often assessed by patients to be largely ineffective at relieving pain. Conservative treatment usually begins with stretching exercises, myofascial release, massage, and avoidance of contributory activities such as running, bicycling, rowing, heavy lifting, etc. Some clinicians recommend formal physical therapy, including soft tissue mobilization, hip joint mobilization, teaching stretching techniques, and strengthening of the gluteus maximus, gluteus medius, and biceps femoris to reduce strain on the piriformis.
Thus it was a contributory factor in both the birth of rock and roll and the later development of soul music as a subgenre of R&B.; While the older styles of R&B; have faded from popularity nationally, the Carolina shag has gained wide popularity in swing dance circles around the US. This has not generally led to increased appreciation for the music of the beach bands, however. Many of these new shag dance aficionados prefer the "R&B; oldies" and/or shagging to currently popular tunes that happen to have the required beat. As more networking is being done on the Internet among shag deejays and beach music fans nationwide, however, there is a growing acceptance of the regional bands by the "new shaggers".
Despite label mates Saxon gaining support slots on tour with more established bands such as Motörhead, no such tours were secured for the power pop band and their relationship with the record label rapidly deteriorated. The lack of plans for a debut album was also alleged to be a major contributory factor. Just two weeks later, on 15 October 1980, the band were signed by Blue Chip/Cygnet Records, the new label run by record producer Rodger Bain, who had previously produced the single "Paranoid" for Black Sabbath, which entered the UK Singles Chart in July 1970 at Number 2. 1981 also saw the release of the band's fourth single, "If looks could kill" and "Don't she look F-A-B" produced by Spencer Shiroda.
The manse has local significance as substantial and well detailed example of Federation bungalow, this significance enhanced by the building's high degree of intactness and important functional and visual relationships with the surrounding church precinct. The manse is also an important contributory component to the rich architectural fabric of Haberfield, exemplifying and furthering its distinctive models of architectural and landscape character. The place has a strong or special association with a particular community or cultural group in New South Wales for social, cultural or spiritual reasons. St David's Church has local social significance arising from both its historical and contemporary functions and associations including its early and continuing Sunday School and church operations and its provision of community and sporting facilities for the wider community.
Schreker's fame and influence were at their peak during the early years of the Weimar Republic when he was the most performed living opera composer after Richard Strauss. The decline of his artistic fortunes began with the mixed reception given to Irrelohe in Cologne in 1924 under Otto Klemperer and the failure of Der singende Teufel, given in Berlin in 1928 under Erich Kleiber. Political developments and the spread of anti-Semitism were also contributory factors, both of which heralded the end of Schreker's career. Right-wing demonstrations marred the première of Der Schmied von Gent in Berlin in 1932 and National Socialist pressure forced the cancellation of the scheduled Freiburg première of Christophorus in 1933 (the work was finally performed there in 1978).
In the field of health care, various measures were introduced to improve the quality and availability of health care provision. Free hospital care was introduced for 9 million recipients of social relief, while a contributory medical service for 23 million panel patients was introduced. Pensioners were exempted from paying a 2% health insurance contribution, while improvements in health insurance provision were carried out, as characterised by an expanded sickness insurance scheme, with the inclusion of preventative treatment. The income limit for compulsory sickness insurance was indexed to changes in the wage level (1970) and the right to medical cancer screening for 23.5 million people was introduced. In January 1971, the reduction of sickness allowance in case of hospitalisation was discontinued.
On 19 January 1973, a Vickers Viscount of British European Airways took off from Glasgow International Airport at about 2:20pm on a test flight to be conducted at Flight Level (FL) 40; in the conditions prevailing at the time FL40 was equivalent to about . At about 2:32pm the aircraft flew into Ben More about northeast and below the summit while flying in a westerly direction. The two pilots and two passengers on board were killed in the accident. The Air Accidents Investigation Branch (AAIB) found that the aircraft struck Ben More whilst flying over snow-covered high terrain in marginal visual meteorological conditions and said that "Failure to maintain a safe altitude and insufficient attention to navigational procedures were contributory factors".
In 1963 he ran unsuccessfully for City Council President, losing to Thomas D'Alesandro III, scion and namesake of a popular former Mayor of Baltimore. He lost the primary for the 1967 Baltimore Mayor's race (on the city's first racially integrated ticket, as Clarence Mitchell III was running for City Council President)—again to D'Alesandro, who received nearly 75% of the vote and went on to beat Republican Arthur W. Sherwood in the general election. Three times in the 1960s he unsuccessfully challenged Republican incumbents in the Maryland Legislature. He has also used his influence with the small business community to call for the continuation of Maryland's Contributory negligence laws while most of the United States has adopted the more equitable distributory negligence system.
However, other evidence suggests that tryptophan itself may be a potentially major contributory factor in EMS. The FDA loosened its restrictions on sales and marketing of tryptophan in February 2001, but continued to limit the importation of tryptophan not intended for an exempted use until 2005. The fact that the Showa Denko facility used genetically engineered bacteria to produce the contaminated batches of L-tryptophan later found to have caused the outbreak of eosinophilia-myalgia syndrome has been cited as evidence of a need for "close monitoring of the chemical purity of biotechnology-derived products". Those calling for purity monitoring have, in turn, been criticized as anti-GMO activists who overlook possible non-GMO causes of contamination and threaten the development of biotech.
The case was originally heard by His Honour Judge Bowers in the Queen's Bench Division of the High Court of Justice of England and Wales. Here, the claimant succeeded, though was forced to concede his duty was owed to him under the Occupiers' Liability Act 1984, which deals with trespassers, as opposed to the Occupiers' Liability Act 1957, which deals with lawful visitors. The claimant also had his damages reduced by 75% due to his contributory negligence. The subsequent appeal from the defendant (against the imposition of a duty of care) was heard in the Court of Appeal of England and Wales by three Lords Justice of Appeal: Lord Phillips of Worth Matravers MR, Lord Justice Brooke, and Lord Justice Laws.
Before the introduction of satellite communications enabled by the Inmarsat A terminal in the early 1980s, crew members relied on their ship's radio personnel to send either a telex or patch-through a radio-to-telephone message once their ship was at sea. When time in port between voyages could extend to several weeks this social isolation was usually manageable, but by 2001 average vessel turnaround times in port had declined to an overall mean of less than a day, while voyages could last several weeks. At a time when many shipowners complained that they could not find competent personnel, the lack of normal communications avenues such as SMS and mobile voice services was thought to be a possible contributory factor.
The Federal District Court denied Ives' request for a preliminary injunction on the sale of drugs that appear identical to Ives' Cyclospansmol, as Ives did not demonstrate that the manufacturers had conspired with the pharmacists to commit the infringement or suggested that the pharmacists make substitutions. The Court of Appeals for the Second Circuit affirmed the decision, but noted that the District Court's standard for contributory infringement was too narrow.. Instead, the Court of Appeals stated that a manufacturer or distributor could be held liable for infringement if they suggested that the pharmacists engaged in such infringing conduct, or if they continued to sell the generic drug to retailers whom they knew or had reason to know were engaging in infringing practices.
Rule 8 of the Federal Rules of Civil Procedure governs the assertion of affirmative defenses in civil cases that are filed in the United States district courts. Rule 8(c) specifically enumerates the following defenses: "accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense." Rule 11 of the Federal Rules of Civil Procedure requires that affirmative defenses be based on "knowledge, information, and belief, formed after an inquiry reasonable under the circumstances," and cannot consist of a laundry list of all known affirmative defenses.
Manson has been ranked at No. 44 on the list of the "Top 100 Heavy Metal Vocalists" by Hit Parader and, along with his band, has been nominated for four Grammy Awards. Manson made his film debut as an actor in David Lynch's Lost Highway (1997), and has since appeared in a variety of minor roles and cameos. He was interviewed in Michael Moore's political documentary about gun violence, Bowling for Columbine, discussing possible motivations for the 1999 Columbine massacre, after media speculation that the shooters were avid fans of Manson's music; he denied allegations that his music was a contributory factor. In September 2002, his first art show, The Golden Age of Grotesque, was held at the Los Angeles Contemporary Exhibitions center.
In the field of health care, various measures were introduced to improve the quality and availability of health care provision. Free hospital care was introduced for 9 million recipients of social relief, while a contributory medical service for 23 million panel patients was introduced. Pensioners were exempted from paying a 2% health insurance contribution, while improvements in health insurance provision were carried out, as characterised by an expanded sickness insurance scheme, with the inclusion of preventative treatment. The income limit for compulsory sickness insurance was indexed to changes in the wage level (1970) and the right to medical cancer screening for 23.5 million people was introduced. In January 1971, the reduction of sickness allowance in case of hospitalisation was discontinued.
The official cause of Likens' death was listed by coroner Dr. Arthur Kebel as a subdural hematoma due to her receiving a severe blow to her right temple. Both the shock she had primarily suffered due to the severe and prolonged damage inflicted to her skin and subcutaneous tissues, plus the severe malnutrition, were listed as contributory factors to her death. Rigor mortis had fully developed at the time of the discovery of her body, indicating Likens may have been deceased for up to eight hours before she was found, although Dr. Kebel did note Likens had been recently bathed—possibly after death—and that this act could have hastened the loss of body temperature and thus speeding the onset of rigor mortis.
The Jews (, ), also known as the Jewish people, are an ethnoreligious group who mainly trace their origins to the ancient Israelites of the Levant, as well as other contributory peoples/populations. The Samaritans consider themselves to be the remaining population of the Northern Kingdom of Israel who were not expelled during the ten tribes exile, and who joined with the incoming Assyrian populations to form the Samaritan community. Some biblical scholars also consider that parts of the Judean population had stayed to live in their homes during the exilic period and later joined the returning Israelites from Babylon and formed the Jews of the classic and Hasmonean era. After the Persian conquest of Babylon in 539 BCE, Judah ( ) became a province of the Persian empire.
He was known for his keen sense of opportunity and strategic vision, and his success at mergers and acquisitions earned him the nickname "Take-over Tyndall" in Irish business circles. Known as a caring employer, he absorbed many of the employees of wholesalers who closed down (Hugh, Moore & Alexander, Shirley Spence & Belford, McMaster, Hodgson, R. Jones & Co.), and introduced a bonus incentive scheme, and a scheme of non-contributory pensions for all employees. He lay behind the first initiative of an Irish wholesale group to establish a bonded warehouse to expand their wine & spirits business. After his father's retirement, and in close collaboration with his older brother William, he expanded the Tyndall interests to include retail stores, through joint ventures for self-service stores across Ireland.
A very varied and mixed hardwood forest containing a "dry to moist sclerophyll and swamp sclerophyll forest" and which provides a direct link with the setting of the past and evidence of the settler's original efforts at clearing the land.Hickson 2003 and Vayo 2004 Vineyard Haven, New Italy Settlement was listed on the New South Wales State Heritage Register on 10 December 2004 having satisfied the following criteria. The place is important in demonstrating the course, or pattern, of cultural or natural history in New South Wales. Vineyard Haven is if state significance as one of the original New Italy properties selected in 1882, still retaining evidence of vineyards and domestic structures supporting settlement, and as a contributory element to the historic landscapes of New Italy.
The defenses were based on: # Fault of the Fellow Workmen # Assumption by workman of the ordinary risks of the job # Contributory Negligence on the part of the workman These defenses, in practice, led to employers winning the majority of cases and the employees were left without sufficient or any compensation. The common law made it far too easy for employers to avoid paying compensation. By the defense "Fault of the Fellow Workmen" the employer could not be liable if an employee could be found partially at fault. Similarly, the "Assumption by workman of the ordinary risks of the job" defense allowed employers to claim that there were certain risks which the employee accepted by taking the job, and therefore the employer(s) could not be held liable.
448 U.S. at 202. The majority found that the legislative history confirmed its view. Even though Senator McCarran, a spokesman for the legislation, commented on the floor of the Senate that the Act just "codif[ies] the patent laws," he also submitted a statement "which explained that, although the general purpose of the Act was to clarify existing law, it also included several changes taken '[i]n view of decisions of the Supreme Court and others.' " The legislative reports also said that § 271 was intended "to codify in statutory form the principles of contributory infringement and, at the same time, [to] eliminate... doubt and confusion" that had resulted from "decisions of the courts in recent years."448 U.S. at 203-04.
According to death certificates, over 80% of the deaths were ultimately attributed to drowning, but other factors usually combined to incapacitate the diver in a sequence of events culminating in drowning, which is more a consequence of the medium in which the accidents occurred than the actual accident. Often the drowning obscures the real cause of death. Scuba divers should not drown unless there are other contributory factors as they carry a supply of breathing gas and equipment designed to provide the gas on demand. Drowning occurs as a consequence of preceding problems, such as cardiac disease, pulmonary barotrauma, unmanageable stress, unconsciousness from any cause, water aspiration, trauma, equipment difficulties, environmental hazards, inappropriate response to an emergency or failure to manage the gas supply.
At various points in the system, content was buffered for periods of several seconds (0.1 and 1.2 seconds respectively). Notably, content requested by a particular user was stored separately and independently for that user and replayed only to the user who requested it. Cablevision announced their intention to release the service and were sued for direct copyright infringement by a consortium of television and movie copyright holders including Turner Broadcasting and its subsidiaries Cartoon Network and CNN; Twentieth Century Fox; NBCUniversal subsidiaries NBC and Universal Studios; Paramount Pictures; Disney and its subsidiary ABC; and CBS. The consortium sued only for declaratory relief and injunctive relief on the grounds of direct copyright infringement, excluding from consideration the topic of contributory copyright infringement.
The campaign pointed out the large rise in receipts to the National Health Insurance Fund from the corresponding rise in unmarried women who were obliged to work. This was one of many actuarial injustices suffered by spinsters who contributed to the Fund, yet drew little from it in return. In fact a definite formula for calculating the ratio of contributions to benefits was difficult to arrive at. There had been a shift to contributory funding in 1925 which "threw a veil of mystification over the pension scheme, consolidating the political power of the actuaries within Whitehall and providing scope for endless, wearisome arguments over the technical relationship between contributions and benefits" Little daunted by this, Florence and the campaigners continued to mount reasoned financial arguments for their cause.
A second goal came six minutes later, John O'Shea slotting home after being given plenty of time by a poorly-executed offside trap. The score reached 3–0 just after the half-hour mark, as Carlos Tevez nodded home from close range after Derby's defence failed to deal with a cross from Rafael. United looked to have taken their foot off the gas after the half-time break, and rarely threatened the Derby goal. They used up the third of their substitutions midway through the half, so they were unable to replace Jonny Evans when he picked up an injury later on; that injury subsequently looked to be a contributory factor when Evans felled Paul Green in the penalty area, allowing Giles Barnes to pull a goal back for the Rams from the spot.
The Government of India had, in the year 1999, commissioned a national project titled "OASIS" (an acronym for old age social & income security) to examine policy related to old age income security in India. Based on the recommendations of the OASIS report, Government of India introduced a new Defined Contribution Pension System for the new entrants to Central/State Government service, except to Armed Forces, replacing the existing system of Defined Benefit Pension System. On 23 August 2003, Interim Pension Fund Regulatory & Development Authority (PFRDA) was established through a resolution by the Government of India to promote, develop and regulate pension sector in India. The contributory pension system was notified by the Government of India on 22 December 2003, now named the National Pension System (NPS) with effect from 1 January 2004.
The official sheriff-coroner called for an inquest, held at the council chambers in San Luis Obispo on October 11, 1955, where Turnupseed told the jury that he did not see the low-profile Spyder until after he was turning left onto Route 41. After other testimony by the CHP and witnesses, the coroner's jury came back with a verdict of "accidental death with no criminal intent", finding Turnupseed not guilty of any contributory wrongdoing in the death of Dean. Although not charged with any offense, Turnupseed had nevertheless been dealt a devastating blow that would haunt him for the rest of his life. He granted just one interview to the Tulare Advance-Register newspaper immediately following the crash, but after that he refused to speak publicly about it.
It is very difficult to determine to what extent semi- > presidentialism is responsible for the problems of governance in the PA in > the period 2006–2007. Indeed, usually, the importance of institutions in > shaping the behaviour of political actors in the Palestinian context is > often neglected in favour of other factors, notably the inherently > conflictual nature of the relationship between Fatah and Hamas. Moreover, > the internal and external problems faced by the PA are greater than those > faced by almost any other jurisdiction in the world and it would be naive to > suggest that semi-presidentialism per se was anything other than a > contributory factor to the problems faced by the Authority since January > 2006.The Impact of Semi-Presidentialism on Governance in the Palestinian > Authority (pdf), pp. 11-14.
The remarks were cited as a contributory reason for the resignation of Conor McGinn, the vice chairman of Young Labour, who described it as a "sectarian diatribe". On 20 June 2018, Honeyball voted in favour of controversial mechanisms contained in the European Copyright Directive that would require internet companies to make 'best efforts' to prevent people uploading copyrighted materials, including those contained in internet memes. Honeyball did not stand in the Labour list for the 2019 European Parliament election and announced, shortly after voting closed, that she had left the Labour Party, citing the party's "disastrous stance on Brexit" and the party's failure to act on antisemitism within the party. Honeyball has described herself as “a humanist”, and is a regular blogger on women’s rights, religion, and politics.
62 On 14 November 1918, shortly after the war ended, a notice officially announcing the loss appeared in The Times: A Royal Navy review board judged that a contributory factor in the loss was that Audacious was not at action stations, with water-tight doors locked and damage-control teams ready. Attempts were made to use the engine-circulating pumps as additional bilge pumps, but the rapid rise of water prevented this. Although hatches were open at the time of the explosion, it was claimed that all were closed before rising water reached them. Apart from the damage to the bottom of the ship, water was found to have spread through bulkheads because of faulty seals around pipes and valves, broken pipes and hatches which did not close properly.
The Constitution Society published a report in April 2019 stating that, "[in certain circumstances] FPTP can .. abet extreme politics, since should a radical faction gain control of one of the major political parties, FPTP works to preserve that party’s position....This is because the psychological effect of the plurality system disincentivises a major party’s supporters from voting for a minor party in protest at its policies, since to do so would likely only help the major party’s main rival. Rather than curtailing extreme voices, FPTP today empowers the (relatively) extreme voices of the Labour and Conservative party memberships." Electoral reform campaigners have argued that the use of FPTP in South Africa was a contributory factor in the country adopting the apartheid system after the 1948 general election in that country.
Her period as Minister of National Health and Welfare coincided with the introduction of the Canada Pension Plan and the drafting of what was to become Canada's Medicare system. Besides shepherding the Medicare bill through parliament, she also became the first major western-world government official to oppose tobacco smoking publicly. On June 17, 1963, she rose to speak on the floor of the House of Commons and declared: "There is scientific evidence that cigarette smoking is a contributory cause of lung cancer and that it may also be associated with chronic bronchitis and coronary heart disease." As Secretary of State, she presided over the Canadian Centennial celebrations in 1967, presented the Broadcasting Act of 1968 to Parliament,Geoffrey Stevens, "New commission to replace BBG proposed in Act".
Aerial view of Manggahan floodway a day after Tropical Storm Ondoy hit the National Capital Region, leaving massive flooding in its wake. On September 26, 2009, at about 6:00 pm PST, the 50-mph "Tropical Storm Ketsana" (called "Ondoy" in the Philippines) hit Metro Manila and dumped one month's rainfall in less than 24 hours, causing the Marikina River system, including the Manggahan Floodway, to burst its banks very rapidly. It is thought that blocked pipes and a poorly maintained sewer system, along with uncollected domestic waste, were major contributory factors in the speed with which the flood waters were able to engulf the surrounding area. The illegal settlers especially were blamed for flooding since their houses reduce the effective width and blocked the flow of the floodway.
The pilot's ignorance of existing wind conditions the aircraft encountered en route, which led to a three-degree discrepancy between the actual and intended track, was cited as a contributory factor. The investigating commission furthermore found that D/F stations at Rome and Cagliari provided flight safeguarding services as and when required, and that other D/F stations at Milan and Venice voluntarily transmitted bearing information to ensure the aircraft and its occupants reached their destination safely.ASN Aircraft accident description Vickers 614 Viking 1 G-AHPI — near Burgio, Sicily, Italy The second fatal accident occurred on 2 December 1958. It involved a Hunting-Clan Vickers Viscount 732 (registration: G-ANRR) on a test flight following a major overhaul. While flying at 10 minutes after takeoff from London Airport, the aircraft lost its starboard wing.
Old Piraí do Norte Chapel, the municipality of Piraí do Norte owes its appearance to the choice of its area as a stopping point for troops transporting various items from the cities located on the coast, especially Santarém and Valença. Because of the dangers of traveling at night, it was more prudent to stay overnight in the ranch and continue the following day's trip. The adoption of this village as a point of support was one of the reasons that Piraí do Norte exists. The geographical location of the ranch was a contributory factor for it to evolve into a village, since it was an exact half day trip from Gandu and a day coming from Santarém, besides having an ideal infrastructure for the tropeiros, that is, water and grass fed.
" Keen to keep the support of the Labour Party, the Asquith government passed bills urged by that party, including the Trade Union Act 1913 (reversing the Osborne judgment) and in 1911 granting MPs a salary, making it more feasible for working-class people to serve in the House of Commons. Asquith had as chancellor placed money aside for the provision of non-contributory old-age pensions; the bill authorising them passed in 1908, during his premiership, despite some objection in the Lords. Jenkins noted that the scheme (which provided five shillings a week to single pensioners aged seventy and over, and slightly less than twice that to married couples) "to modern ears sounds cautious and meagre. But it was violently criticised at the time for showing a reckless generosity.
The present day Ilagan is an area that was detached from the old province of Nueva Vizcaya. The first municipal president of the town, Rafael Maramag, added luster to the history of his hometown by becoming the first governor of the province of Isabela after its reorganization by the Americans in 1901. Since then, the fortunes of Isabela as a province and Ilagan as a town followed a similar path to the rest of the country's history as a commonwealth nation and as a free republic in 1942, the Japanese occupation, liberation, political and military independence to this day. Ilagan today, acknowledged as the corn capital of the country lives its economic boom while playing a vital contributory role for the province of Isabela as its capital since its creation as a province.
Health spending per capita, in US$ purchasing power parity- adjusted, among various OECD countries Universal health care systems vary according to the degree of government involvement in providing care or health insurance. In some countries, such as Canada, the UK, Spain, Italy, Australia, and the Nordic countries, the government has a high degree of involvement in the commissioning or delivery of health care services and access is based on residence rights, not on the purchase of insurance. Others have a much more pluralistic delivery system, based on obligatory health with contributory insurance rates related to salaries or income and usually funded by employers and beneficiaries jointly. Sometimes, the health funds are derived from a mixture of insurance premiums, salary-related mandatory contributions by employees or employers to regulated sickness funds, and by government taxes.
Nyron Sultan Asgarali (28 December 1920, in Saint James, Trinidad – 5 November 2006, in Trinidad) was a former West Indian cricketer who played in two Tests in 1957. Asgarali was a right-handed opening batsman and an occasional medium- paced bowler whose first-class cricket career lasted more than 20 years, but included only 50 matches, 21 of them on the 1957 West Indies tour of England. Apart from 1957, he never played more than three first-class matches in any single season. Asgarali was 30 before he made a first-class century, but then made several in inter-island and other matches for Trinidad and Tobago. He also spent several years playing Lancashire League cricket and his knowledge of English conditions was probably a contributory factor in his selection for the 1957 tour.
He was also appointed the aide-de-camp general to Queen Elizabeth II on 30 October 2009. Wall meets with General John R. Allen, commander ISAF, in January 2012. On 6 January 2010, Wall gave evidence to the Iraq Inquiry in which he claimed that troops were vulnerable in their base at Basra Palace and in May 2010, Wall was listed amongst the top 172 government servants that earn more than the Prime Minister, with a salary of £160–165,000, excluding his non-contributory final salary pension. Then on 29 July 2010, Wall was named as the next Chief of the General Staff, the professional head of the British Army. On 15 September 2010 Wall took over the post from General Sir David Richards who became Chief of the Defence Staff in late October 2010.
Those who chose to live in the area comprised both the successful wharf-owners and employees, labourers and artisans. Ownership of Millers Point land was by haphazard means; while some was documented as granted land, other parcels appeared to have been simply "occupied" and by the mid 1830s administration, ownership and transfer of land was problematic and from the late 1830s a Commissioner of Claims was responsible for issuing land grants for most of Millers Point. The village quickly became an integral part in coastal and international trade and shipping, shipbuilding and similar related activities. The incorporation of such commercial and mercantilist elements was both indicative of, and contributory to the public perception and nature of Millers Point, with a roll-on effect throughout the nineteenth and twentieth centuries.
First, the HTML > instructions are lines of text, not a photographic image. Second, HTML > instructions do not themselves cause infringing images to appear on the > user’s computer screen. The HTML merely gives the address of the image to > the user’s browser. The browser then interacts with the computer that stores > the infringing image. It is this interaction that causes an infringing image > to appear on the user’s computer screen. Google may facilitate the user’s > access to infringing images. However, such assistance raised only > contributory liability issues and does not constitute direct infringement of > the copyright owner’s display rights. ...While in-line linking and framing > may cause some computer users to believe they are viewing a single Google > webpage, the Copyright Act...does not protect a copyright holder against > [such] acts....
Although it braked to a halt, it could not be cleared from the main line in time to avoid the collision. As a contributory factor to the crash, it was found that the signalman, in clearing the express, had disregarded a standing order known as Regulation 4A, governing the safe operation of signals in sections of track where the minimum stopping distance for trains was shorter than the distance between signals. He had given "line clear" for the express train to the preceding signal box before receiving the required clearance from the following signal box. Instead, he should have sent a "blocking back inside home signal" message to Bentley Heath, the preceding signal box, so that the express train could have been slowed in plenty of time by the Bentley Heath distant signal at caution.
Cass ran up against misleading stories from the members of Unit 1-1 and in his report he stated "The attitude and untruthfulness of some of the officers involved is a contributory factor." He continued "The action of these officers clearly obstructed the police officers carrying out their duty of investigating this serious matter." Cass decided that he had identified the individual whom he considered most likely to have hit Peach, but that there was "no evidence of a conclusive nature": > The officers in that carrier after disembarking, who could have assaulted > Clement Blair PEACH were Officer E, Officer H, Officer G, Officer I, Officer > J and Officer F, and I give them in that order of possibility. Renton identified these officers as Murray, Bint, Scottow, Richardson, Freestone and White, respectively.
In Footnote 12, however, Justice Souter notes that > ... in the absence of other evidence of intent, a court would be unable to > find contributory infringement liability merely based on a failure to take > affirmative steps to prevent infringement, if the device otherwise was > capable of substantial noninfringing uses. Such a holding would tread too > close to the Sony safe harbor. The decision has been hailed by several SCOTUS correspondents as striking a fair balance between the need to respect the copyrights of artists, and the benefits of allowing and promoting technological innovation. Indeed, the decision does seem to leave sufficient leeway for developers in creating new products, as it establishes guidelines to compliance with existing copyright law, and holds liable the distributors rather than developers for copyright infringement.
New brands in the 1890 included "Robin Starch" an improved starch with a borax lubricant derived from a product produced by Heinrich Mack of Ulm; and "Zebra" black lead. The dominance of the British Empire in the early 1900s also benefited the company's export business, the company increased its overseas business, first in Australia, later other countries of the British Empire, and in the 1900s into South America and the USA, as well as Europe. The company's corporate welfare towards its employees was also active from the 1890s onwards: a non-contributory pension fund was started, and in 1908 the model workers housing estate, the Garden Village opened; the company also organised evening classes, other social activities. Scientific laboratory work and the employment of qualified chemists began in the late 1890s.
The nature of the lithology at the Aniksosaurus site suggests that the deposits were made by a low-energy, unidirectional, overbank fluvial floodplain deposit, which was produced by a lateral migrating fluvial channel. The observation that sandstone tabular bodies were deposited with coarse sandstones and tuff interclasts also supports that Aniksosaurus was preserved in a fluvial environment. The soft tissue underwent subaerial weathering and then began to decompose, from the contributory action of small vertebrae scavengers as evidenced by a series of small grooves in one of the femora recovered, which was then followed by the partial disarticulation of the skeleton. Disarticulation was followed by reorientation of the remains by fluvial currents, which was then followed by differential burial in what appears to have been at least two stages of sedimentation.
It was later pointed out by the presiding judge at the fatal accident inquiry that the way in which the diving system was designed and labeled, “especially as operated by Oceaneering, carried a high risk of human error, particularly during the distractions of an emergency.” Oceaneering's safety officer testified that the manner in which the control panel was plumbed “was a contributory cause” of the accident, and that it probably would not have happened had the panel for chamber one been equipped with a dedicated depth gauge permanently fixed for the purpose of reading only that chamber. Had there been such a gauge, then the supervisor would not have been misled by the Heise gauge, and therefore would not have had any reason to inject the chamber with massive amounts of helium.
In 2015 Carman involved himself in public efforts related to Gun Control and other social issues by releasing an internet video that garnered more than 1.5 million views in the first week of publication. As part of that effort, Carman founded an activist group, the American Coalition for Responsible Gun Ownership, and made several contributory appearances on national news programs including CNN and CBC News addressing firearms legislation in the United States. Carman's efforts drove the acquisition of more than 1,000,000 signatures on a petition, delivered to Senator Chuck Schumer urging President Barack Obama to use executive order to address some of the issues pertaining to firearms legislation. In January 2016, Carman was invited to the White House to participate in the announcement of President Obama's executive action on Gun Control.
The court satisfied the requirement for material contribution to infringing activity through the basic nature of the MyVidster site: "Gunter provides the MyVidster site, which enables the display of embedded videos and thus the infringement. Gunter also makes video storage (which involves making a copy of the video) available for free." The court further supported its contributory infringement holding by citing Gunter's inevitable knowledge of the infringement that was occurring on his website: "We also have no doubt that defendants knew or should have known of the infringement occurring on MyVidster." Gunter claimed safe harbor for defense under the DMCA, specifically the safe harbor offered by the Online Copyright Infringement Liability Limitation Act applying to online service providers with "information residing on systems or networks at [the] direction of users", .
Faster disposal of surpluses through an expanded "Food for Peace" program and allocation of some surplus to a stock pile for civil defense. 4\. Our program for civil rights must assure aggressive action to remove the remaining vestiges of segregation or discrimination in all areas of national life—voting and housing, schools and jobs. It will express support for the objectives of the sit-in demonstrators and will commend the action of those business men who have abandoned the practice of refusing to serve food at their lunch counters to their Negro customers and will urge all others to follow their example. 5\. Our program for health insurance for the aged shall provide insurance on a sound fiscal basis through a contributory system under which beneficiaries have the option of purchasing private health insurance. 6\.
The “Alternative Approval Process” (AAP) is a fast-track approval procedure that was developed to allow standards to be brought to market in the timeframe that industry now demands. This dramatic overhaul of standards-making by streamlining approval procedures was implemented in 2001 and is estimated to have cut the time involved in this critical aspect of the standardization process by 80 to 90 per cent. This means that an average standard which took around four years to approve and publish until the mid nineties, and two years until 1997, can now be approved in an average of two months, or as little as five weeks. Besides streamlining the underlying procedures involved in the approval process, an important contributory factor to the use of AAP is electronic document handling.
Courts have strictly adhered to the Baseball Rule, but they have almost always limited its applicability to spectators watching the game or walking through viewing areas, holding that only that activity gives rise to the assumed risk of foul ball injury. The first plaintiff to recover after Edling was a young Wisconsin girl who was hit in the face while her mother was adjusting her dress along a highway about from a baseball diamond at a park operated by the local trolley company; the family was not watching the game. "There can be no serious claim that the respondent was guilty of contributory negligence, as she was on the highway and entirely ignorant of her danger", the Wisconsin Supreme Court held in 1925 as it affirmed a $2,000 ($ in today's dollars) jury verdict in her favor.
Fueled by an increase in life expectancy, Mexico is going through an unprecedented demographic shift which has led to a rapid increase in the aging population over the last decades. From 1.8 million people aged 65 and older in 1970, the population within this age range increased to 4.7 million in 2000 and totaled 7.5 million in 2012 (which was equivalent to approximately 6.41% of the total population in 2012). By 2050, the number of people 65 or older is expected to reach 28.7 million, which will represent just over 20% of the total population. The high vulnerability of the elderly in Mexico (especially among those that do not benefit from social security and contributory pension plans) has been documented by several sources. Data from 2010 revealed that 28.8% of people 65 and up did not have access to social security.
In May 1951, it was reported that the Meteor 4's tail unit was prone to skin tearing found to originate at rivet holes, access panels or discontinuous stringers (stress risers) due to metal fatigue; the unit lost half its strength in these circumstances.ARC CP 88 , Fatigue Tests on Typical Two Spar Light Alloy Structures (Meteor 4 Tailplanes) under Reversed Loading K.D. Raithby, B.Sc., A.F.R.Ae.S. A total of 890 Meteors were lost in RAF service (145 of these crashes occurring in 1953 alone), resulting in the deaths of 450 pilots. Contributory factors in the number of crashes were the poor brakes, failure of the landing gear, the high fuel consumption and consequent short flight endurance (less than one hour) causing pilots to run out of fuel, and difficult handling with one engine out due to the widely set engines.
Coverage of social insurance programs shows the percentage of population participating in programs that provide old age contributory pensions The full text of Target 1.3 is: "Implement nationally appropriate social protection systems and measures for all, by 2030 achieve substantial coverage of the poor and the vulnerable." Indicator 1.3.1 is the "Proportion of population covered by social protection systems, by sex, distinguishing children, unemployed persons, older persons, persons with disabilities, pregnant women, newborns, work-injury victims and the poor and the vulnerable". About 4 billion people, did not benefit from any form of social protection, which is critical to help the poorest and the most vulnerable according to 2016 data. Half of the world’s population still lacks full coverage of essential health services, and only 22 per cent of unemployed workers were covered by unemployment benefits.
Following the 1997 election, with Labour now in power, Field joined the government led by Tony Blair as its Minister for Welfare Reform, working in the Department of Social Security (DSS). Blair has said Field's mission was to "think the unthinkable". Field thought that the state should only play a small direct role in the provision of welfare and he disliked means-testing and non- contributory entitlement to benefits, which he believed should only be received after claimants had joined Continental-style social insurance schemes or mutual organisations such as friendly societies. There were clashes with the Chancellor of the Exchequer, Gordon Brown, and the Secretary of State for Social Security, Harriet Harman – the Treasury was concerned about costs, while Brown himself was in favour of the poor being entitled to working-age benefits without having first paid National Insurance contributions.
Department for Transport (2009), p.106 "The highest record road death figure was 9,196 in 1941" The highest number of fatalities during peacetime was 7,985 for 1966,Department for Transport (2009), p. 106 table 2 following the introduction of the national 70 mph speed limit in 1965 and the year before the legal drink drive limit and the associated Breathalyzer laws were introduced. The 2009 edition also summarised the characteristics of speed related fatal collisions as typically occurring on unclassified rural 60 mph speed limit roads, the driver being a male under the age of 30, with the collision types being head-on, lost control or cornering and the cause being loss of control whilst cornering or overtaking and the contributory factors being excess or inappropriate speed, loss of control, aggressive, careless or reckless behaviour or in a hurry.
In response to the changed AdWord policy, Rosetta Stone, the maker of popular foreign language learning software, filed suit against Google for violating the Lanham Act, claiming Google was "helping third parties to mislead consumers and misappropriate the Rosetta Stone Marks by using them as "keyword" triggers for paid advertisements and by using them within the text or title of paid advertisements". Rosetta Stone sued specifically for: direct trademark infringement, contributory trademark infringement, vicarious trademark infringement, and trademark dilution. Rosetta Stone also sued for unjust enrichment under Virginia state law. The district court granted Google's motion for summary judgment on all Lanham Act claims finding there had been no consumer confusion, Google's use of the trademarked keywords was functional, and the use of the trademarked keywords was either nominative fair use or contributed to an increase in Rosetta Stone's brand recognition.
At the 19th century, most of the land in Ireland belonged to large landowners, most of them of English origin. Most of the Irish population were tenants, having few rights and forced to pay high rents. This situation was a contributory factor to the Great Irish Famine of 1845-1852 and the main cause of the Land Wars of 1870s-1890s. The governments of the United Kingdom of Great Britain and Ireland responded to the agitations in Ireland with a series of land acts, beginning with the First Irish Land Act 1870 (initiated by prime minister William Ewart Gladstone), followed by further five land acts overseen by a Land Commission, prior to independence in 1922, by which time over 90% of lands had transferred from landlords to their former tenant farmers on negotiated terms with funding provided by the UK government.
In the 2013 elections for the Buenos Aires City Legislature, Lubertino – who ended her term as legislator in December – was ranked 15th on the Front for Victory list, and did not renew her seat. In 2014, María José Lubertino was appointed head of the Observatory on the Rights of Persons with Disabilities, an organization created in 2011 under the Office of the President's Social Policy Council, to monitor and promote compliance with the United Nations Convention on the Rights of Persons with Disabilities. She presented a bill to institutionalize the Observatory, guarantee the labor quota for this population sector, and make registered work compatible with the retirement or non-contributory pension. Lubertino filed a criminal complaint against the city's Culture Minister in 2013 for having authorized the repurposing of the Bar Notable Richmond, where a local sportswear store began operating.
Four weeks after the crash the investigation confirmed that the cause of the crash was fuel exhaustion. Poor planning by the airline and poor oversight by aviation authorities in Bolivia were cited as contributory factors. Analysis by Aerocivil found that the total fuel on board was less than the mandated endurance fuel load, which legally requires: the amount required for taxi before takeoff; plus the amount required for the basic estimated time enroute at a particular altitude and onboard weight; plus allowance for extended holding patterns; plus allowance for diversions to secondary airports; plus allowance for aborted initial landing with go-around and second attempt. The investigation found that LaMia had consistently operated its fleet without the legally required endurance fuel load, and had simply been lucky to avoid any of the delays that the mandated fuel load were meant to allow for.
The school leaving age was raised to 16,Sally Tomlinson, Education in a post-welfare society (2005) p 24 while Family Income Supplement was introduced to boost the incomes of low-income earners.John Dixon and Robert P. Scheurell, The state of social welfare: The Twentieth Century in cross- national review (2002) pp. 97–98. Families who received this benefit were exempted from NHS charges while the children in such families were eligible for free school meals. Non-contributory pensions were also introduced for all persons aged eighty and above,Poverty, inequality and health in Britain, 1800–2000: a reader edited by George Davey Smith, Daniel Dorling, and Mary Shaw while the Social Security Act 1973 was passed which introduced benefit indexation in the United Kingdom for the first time by index-linking benefits to prices to maintain their real value.
Despite having been on the Labour back benches since 1972 and not part of the shadow cabinet, in 1974, after Harold Wilson's defeat of Edward Heath, Castle became Secretary of State for Health and Social Services. While serving in this position, Castle introduced a wide range of innovative welfare reforms, including the introduction of the mobility allowance, the Invalid Care Allowance (July 1976) for single women and others who give up their jobs to care for severely disabled relatives, the introduction of a non-contributory invalidity pension for disabled persons who had not qualified for invalidity pension, reforms in child allowances, and the linking of most social security benefits to earnings rather than prices.Anthony Seldon and Kevin Hickson (eds), New Labour, Old Labour: The Wilson and Callaghan Governments, 1974–79. In the 1975 referendum debate she took a Eurosceptic stance.
The state became the first to introduce the contributory pensions scheme in 2001, long before Lagos State in 2004 and subsequently the Federal government in 2006. During this same era, Jigawa State introduced the first housing mortgage by any state of the federation with the establishment of Jigawa Savings and Loans bank to cover mortgage for intending house owners thereby drastically tackling the problem of housing in the state. Some of these laudable feats earned the state the label 'Jigawa, a State of Firsts' In September 2006, Turaki was attacked by angry crowds when he tried to calm down a mob who burned churches and shops belonging to Christians after an alleged blasphemous statement by a Christian woman about the Islamic prophet, Muhammad. In December 2006, he transferred his allegiance to the People's Democratic Party (PDP).
Additionally, new guidelines for determining eligibility for disability insurance benefits, additional non-contributory wage credits for servicemen, broadened coverage of clergy and members of religious orders who have not taken a vow of poverty, and an increase in the contribution and benefit base from $6,600 to $7,800, beginning in 1968. In addition, the Social Security Amendments of 1967 provided the first major amendments of Medicare. These social security amendments extended the coverage of the program to include certain services previously excluded, simplified reimbursement procedures under both the hospital and medical insurance plans, and facilitated the administrative procedures concerning general enrollment periods. The Food Stamp Act of 1964 made the program permanent, while the Social Security Amendments of 1967 specified that at least 6% of monies for maternal and child health should be spent on family planning.
In 1913 a Missouri appeals court heard Crane v. Kansas City Baseball & Exhibition Co., a tort case where a spectator at a Kansas City Blues game who had been struck and injured by a foul ball alleged the team had been negligent. But since he had chosen to sit in an unprotected area of the park, even though tickets were general admission and seats were available behind the backstop, the court held for the team per the contributory negligence and assumption of risk doctrines. This holding was adopted by courts hearing similar cases in other states, and by the 1920s it had understood that as long as teams made enough protected seats available to meet reasonably anticipated demand, they had met their duty of reasonable care to spectators and could not be held liable for most foul ball injuries to them.
The interior of the chapel looking west toward the organ and entrance The interior of the chapel looking east toward the stained glass Designed by Francis Johnston (1760–1829), the foremost architect working in Ireland in the early 19th century, and architect to the Board of Works, the chapel contains one of the finest Gothic revival interiors in Ireland. Replacing an earlier undistinguished 18th-century church that suffered structural problems through being built on soft ground close to the site of the original castle moat, the new Chapel Royal was built using a timber frame to make it as light as possible. Indeed, so difficult was the nature of the site that the chapel took seven years to build, though a contributory factor in both time and budget was the "sheer opulence"Lucey (2007), p. 91 of its interior.
See Law Reform (Contributory Negligence) Act 1945 s 1 These are gone, but a fourth defence taken advantage of by employers is ex turpi causa non-oritur actio, that if the employee was engaged in any illegal activity they may not claim compensation for injuries. In Hewison v Meridian Shipping Services Pte Ltd Hewison concealed his epilepsy so that he could work offshore, and so was technically guilty of illegally attempting to gain a pecuniary advantage by deception under the Theft Act 1968 section 16. After being struck in the head by a defective gangplank he suffered worse fits than before, but the Court of Appeal, by a majority, held his illegal act precluded any compensation.[2002] EWCA Civ 1821 19th century regulations limited child labour and working time in factories and mines, but employers were not always liable for accidents until 1937.
Spiritual formators teaching in affiliated institutions of the Senate of Serampore College (University) contributed essays honouring Amirtham beginning with the Tamil Nadu Theological Seminary, Madurai which published For the Sake of the Gospel in 1980Gnana Robinson (Edited), For the Sake of the Gospel, Tamil Nadu Theological Seminary, Madurai, 1980. edited by Gnana Robinson, CSI followed by Board of Theological Education of the Senate of Serampore College under the leadership of K. C. Abraham proceeded to publish a contributory volume in 1993 titled New Horizons in Ecumenism: Essays in Honour of Bishop Samuel Amirtham.K. C. Abraham (Edited), New Horizons in Ecumenism: Essays in Honour of Bishop Samuel Amirtham, Board of Theological Education of the Senate of Serampore College/Board for Theological Textbook Programme in South Asia, Bangalore, 1993. In 1988,Senate of Serampore College (University), Hall of Fame - Doctor of Divinity.
The Applicants argued that there was no difference between the UK pensioners who live abroad and therefore they should be treated the same regarding the annual UK state pension increase. They agreed with the dissenting opinions expressed by Lord Carswell (House of Lords Appeal), and by Judge Garlicki, President, ECHR Fourth Section that UK Pensioners will have spent major parts of their life working in the UK, and all would have made the same National Insurance Contributions, regardless of where they had chosen to live, and therefore they are all entitled to the same UK state pension. The UK state pension was a contributory system and the UK government themselves had made it available to some UK pensioners living abroad. Regardless of "country of residence" all UK pensioners would want to maintain the same standard of living.
Another contributory factor was communications. Jagannathpur was isolated from both Sunamganj and Sylhet towns till the 1990s and amenities were very scarce. The second and third generations of category 1 and 2 are also migrating to the metropolis of Dhaka. The trend of migrating to Dhaka culminated with the millennium development activities from the eve of 2000 CE. As of 1986, an estimated 95 per cent of the Bangladeshi community in the UK originate from the Sylhet region, and Jagannathpur is one of the upazilas in Sylhet which has the highest number of expatriates in the UK. They mainly settled in towns and cities such as St Albans (Hertfordshire), London, in particular Tower Hamlets, people from Jagannathpur can be found in the Brick Lane area (Spitalfields and Banglatown), Newham and Redbridge and Birmingham, Oldham, Leeds, Northampton, Bedford Kidderminster, Haslingden and Sunderland.
Within two weeks of his appointment as Minister of Health, Chamberlain presented the Cabinet with an agenda containing 25 pieces of legislation he hoped to see enacted. Before he left office in 1929, 21 of the 25 had passed into law. An early, very popular piece of legislation was the Widows', Orphans' and Old Age Contributory Pensions Act 1925, passed after the Chancellor of the Exchequer, Winston Churchill, had agreed to find whatever money was needed to fund the Act. Churchill, recently returned to the Conservative ranks after nineteen years as a Liberal (1904–23), expressed envy at Chamberlain's receiving the credit for the Act, and the Minister of Health described his colleague as "a man of tremendous drive & vivid imagination but obsessed with the glory of doing something spectacular which should erect monuments to him".
The first Mayor of London, Ken Livingstone, supported the Routemaster during his first (2000–2004) term, indicating the type would be retained in a limited capacity on contract renewals as before. He also promised to convert the whole London bus fleet to low-floor with an original targeted timeline of 23 October 2009, which then was pushed earlier to 1 January 2006, requiring the withdrawal of the Routemaster from London. Contributory factors to the withdrawal were said to be the risk of litigation over accidents arising from using the rear platform, the cost savings of one-person operation and the fact that passengers preferred the comfort levels of modern buses to the vintage Routemaster. Livingstone said that the Routemasters were too dangerous, with approximately twelve people per year dying after falling from them during his mayoralty.
It is a typical rasbora with respect to breeding, namely it is a scatterer of non-adhesive eggs, choosing fine-leaved aquatic foliage as the repository for its eggs. However, success at the captive breeding of this species is heavily contingent upon water chemistry - the species is only likely to spawn in soft, acidic water matching that of its natural habitat, and thus particularly scrupulous attention to water chemistry is required if captive breeding is to be attempted. While as an additional measure to control water chemistry, filtration over peat is not vital, it is likely to be a contributory factor in success with this species (or, alternatively, the use of commercially available 'blackwater tonic' type products to condition the water accordingly). Once the matter of water chemistry has been settled, the breeding aquarium should be furnished with fine-leaved aquatic foliage.
Dean tried to disguise them as clouds but it did not produce results he had wished for, so they remained visible. After it was photographed for the sleeve, Dean's cat urinated on the painting as it was standing against a wall, causing Dean to paint a new version that he said "looked quite different to the reproductions of it". In June 2013, Dean filed a $50 million lawsuit against director James Cameron for copyright and contributory infringement and unjust enrichment, claiming the design of Pandora, a fictional setting in Cameron's epic science fiction film Avatar (2009) and the highest grossing film at the time, was based on Dean's paintings including "Pathways" and used without permission. The lawsuit was thrown out by judge Jesse M. Furman in September 2014 who disagreed and believed the court found no substantial similarities between the film and Dean's artwork.
In the first, considered to be the case that established the rule, the court upheld a trial verdict against the plaintiff, holding that his decision to sit outside the netting the team had installed behind home plate constituted contributory negligence and assumption of risk on his part. Conversely, in the second, decided a year later, the court upheld a verdict for a plaintiff who had been struck in the eye by a foul ball that passed through a hole in the netting between him and home plate. Other state courts accepted those cases as precedent and used them to decide similar cases. By the 1930s it was interpreted as requiring teams to erect protective screening over the stands behind home plate, a practice that had already become common in the late 19th century due to injuries from foul balls, which rose after an 1884 rule change allowed overhand pitching.
If there is reason to believe that none of the x_js is caused by y, then estimates of the coefficients a_j are obtained. If the null hypothesis that a_j=0 is rejected, then the alternative hypothesis that a_{j} e 0 and equivalently that x_j causes y cannot be rejected. On the other hand, if the null hypothesis that a_j=0 cannot be rejected, then equivalently the hypothesis of no causal effect of x_j on y cannot be rejected. Here the notion of causality is one of contributory causality: If the true value a_j e 0, then a change in x_j will result in a change in y unless some other causative variable(s), either included in the regression or implicit in the error term, change in such a way as to exactly offset its effect; thus a change in x_j is not sufficient to change y.
The Mines (Precautions Against Inrushes) Regulations 1979 applied to all types of mines and made provision for measures to be taken against the hazard of inrushes of water or gas or material which flows when wet. In housing policy, a shift of emphasis in housing policy towards rehabilitation was evident in the further increase in the number of General Improvement Areas and the number of Housing Action Areas declared. An Act of March 1977 makes provision, for a limited period, for benefits to be paid from the age of 64 to workers who agree to retire in order to free jobs for young unemployed people, in response to the rise of youth unemployment. A number of other improvements were introduced in 1977, with Attendance Allowances extended to cover handicapped foster children and non-contributory disablement pensions extended to married women whose invalidity prevented them from carrying out their household tasks.
He was responsible for missions to the West Indies, as well as to India, and towards the end of his life personally funded the sending of scriptures in the language of many peoples as far apart as Greenland and India. A man of strong moral principle, Porteus was also passionately concerned about what he saw as the moral decay in the nation during the 18th century, and campaigned against trends which he saw as contributory factors, such as pleasure gardens, theatres and the non- observance of the Lord's Day. He enlisted the support of his friend Hannah More, former dramatist and bluestocking, to write tracts against the wickedness of the immorality and licentious behaviour which were common at these events. He vigorously opposed the spread of the principles of the French Revolution as well as what he regarded as the ungodly and dangerous doctrines of Thomas Paine’s The Age of Reason.
In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate, because the copyright owners were likely to prevail on their claims of contributory infringement and the fact that the services was capable of having non-infringing user was not enough reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if he had eliminated an encryption system feature and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i).. and could not be used as an excuse to not know about the infringement.
Different types of freediving blackout have become known under a variety of names; these include: In this article constant pressure blackout and shallow water blackout refers to blackouts in shallow water following hyperventilation and ascent blackout and deep water blackout refers to blackout on ascent from depth. Some free divers consider blackout on ascent to be a special condition or subset of shallow water blackout but the primary underlying mechanisms differ. This confusion is exacerbated by the fact that in the case of blackout on ascent, hyperventilation induced hypocapnia also may be a contributory factor even if depressurisation on ascent is the actual precipitator. Some scuba diving curricula may apply the terms shallow-water blackout and deep-water blackout differently; deep-water blackout being applied to the final stage of nitrogen narcosis while shallow water blackout may be applied to a blackout from a deep free dive.
The significance of the subject site and the group is associated with its location in The Rocks, a precinct unique to NSW and its historic associations and streetscape character and qualities that contribute to The Rocks area which has State heritage significance in its own right. The group is an important part of The Rocks Heritage Conservation Area being sympatric in scale and character and an extension of the remaining earlier buildings of George St, presenting a unified streetscape. The buildings are tangible evidence of the redevelopment of The Rocks in the 1900s. The former New York Hotel has high social significance as a contributory element associated with the historic character of The Rocks, which is held in esteem by the community. The former New York Hotel was listed on the New South Wales State Heritage Register on 10 May 2002 having satisfied the following criteria.
In exchange for this support, these families received large tracts of land among the earliest conquered territories adjacent to Parthia, which the Parthian nobility then ruled as provincial rulers. The largest of these city-states were Kuchan, Semnan, Gorgan, Merv, Zabol and Yazd. From about 105 BC onwards, the power and influence of this handful of Parthian noble families was such that they frequently opposed the monarch, and would eventually be a "contributory factor in the downfall" of the dynasty.. From about 130 BC onwards, Parthia suffered numerous incursions by various nomadic tribes, including the Sakas, the Yuezhi, and the Massagetae. Each time, the Arsacid dynasts responded personally, doing so even when there were more severe threats from Seleucids or Romans looming on the western borders of their empire (as was the case for Mithridates I). Defending the empire against the nomads cost Phraates II and Artabanus I their lives.
Humala also sought to create a national flag carrier airline in cooperation with private investment, especially to such unprofitable domestic markets as the hinterlands of the Andes and the Amazon. During the first month of Humala's presidency, an agreement was reached with mining companies that would increase taxes by up to three billion sols a year however, Carlos Herrera said a new royalty rate had not been set as yet. Prime Minister Salomon Lerner Ghitis said that "this tax will not affect investment or companies' competitiveness." Amongst his initial social policies, modeled after Brazil during the tenure of Lula da Silva, were: a non-contributory basic pension of about US$90 per month for the elderly who lack other provisions, a state-run child-care programme, an increase in scholarships for poor students who want a university education and the expansion of a conditional cash transfer scheme for the poor.
It also reserved over 600 products that can only be manufactured in small scale enterprises, thereby regulating who can enter in these businesses, and above all placing a limit on the number of employees per company for the listed products. The list included all key technology and industrial products in the early 1950s, including products ranging from certain iron and steel products, fuel derivatives, motors, certain machinery, machine tools, to ceramics and scientific equipment. ;Employees Provident Fund and Miscellaneous Provisions Act of 1952THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 This Act seeks to ensure the financial security of the employees in an establishment by providing for a system of compulsory savings. The Act provides for establishments of a contributory Provident Fund in which employees' contribution shall be at least equal to the contribution payable by the employer. Minimum contribution by the employees shall be 10-12% of the wages.
Labour played to the concept of "winning the peace" that would follow the war. Possibly for that reason, there was especially strong support for Labour in the armed services, which feared the unemployment and homelessness to which the soldiers of the First World War had returned. It has been claimed that the left-wing bias of teachers in the armed services was a contributing factor, but that argument has generally not carried much weight, and the failure of the Conservative governments in the 1920s to deliver a "land fit for heroes" was likely more important. The role of propaganda films produced during the war, which were shown to both military and civilian audiences, is also seen as a contributory factor because of their general optimism about the future, which meshed with the Labour Party's campaigning in 1945 better than with that of the Conservatives.
Significant parts of Woodville have been declared a Historic Conservation Zone which includes the adjacent suburb of Woodville Park. The Zone contains a number of buildings of local heritage significance, including the Mareeba Hospital and former Nurses Home at 19-21 Belmore Terrace, the former Woodville Private Hospital building at 2 Jelley Street, currently a nursing home, former Council chambers at 765 Port Road, the Woodville Town Hall and Council chambers, the original school building and gates of Woodville High School, as well as several private residences and former residences on Woodville Road, Torrens Road, Stanley Street and Belmore Terrace. A number of homes within Woodville are listed as contributory items to the Historic Conservation Zone within the City of Charles Sturt's Development Plan. These include houses within Beaufort Street, Belmore Terrace, Florence Street, Harvey Street, Hughes Street, Norman Street, Park Street, Russell terrace, Stanley Street, The Grove and Woodville Road.
The fragmentation and loss of forests, as well as climatic changes, has become a major factor in the food availability for parrots. The species ability to track food (such as plants and plant parts including fruits, seeds, flowers, leaf buds, and sap) and switch diets determines the species ability to cope with environmental changes; it is a contributory factor to the population decline of the Timneh parrot. change Lumped with the closely related Congo parrot as the African grey, it is one of the most popular pet birds in the United States, Europe and the Middle East due to its longevity and ability to mimic human speech. In January 2007, the CITES’ Animals Committee imposed a two-year ban on exports of Timneh parrots from Sierra Leone, Liberia, Ivory Coast and Guinea, while the importation of wild-caught birds into the EU was banned in the same year.
One of the trucks involved in the expedition Overland has always been a beneficial, active and contributory objective: It has been at the forefront of UNICEF in many of the countries crossed using, whenever possible, medical care to assist populations. It also supported the Italian Association for Cancer Research (Associazione Italiana per la Ricerca sul Cancro, AIRC). Since 2005, on a proposal by Lionello Grossi, supports the association Overland for Smile which provides dentistry care to children living in orphanages in Eastern Europe. In 2010, with the twelfth edition of Overland, thanks to agreements with the Italian Development Cooperation, CUCI (University of Parma) and other organizations, has set up a medical vehicle equipped with specialized personnel with the task of surveying the health situation in some of the areas crossed by the expedition, as well as to distribute informational materials, so as to identify possible future interventions of ad hoc cooperation.
He argued that Rohm & Haas's "conduct in this clearly constitutes patent misuse under these pre-Mercoid decisions because [it] refuses to license others to use its patented process unless they purchase from it unpatented propanil." He dismissed as irrelevant the fact that propanil was a non-staple. Indeed, the fact that propanil lacked non-infringing use further made the conduct misuse: > Moreover, the fact that propanil is a nonstaple product having no > substantial use except in the patented process has been without significance > at least since B.B. Chemical, and only serves to reinforce the conclusion > that respondent is attempting to extend the patent monopoly to unpatented > materials. Because propanil has no substantial noninfringing use, it cannot > be sold without incurring liability for contributory infringement unless the > vendor has a license to sell propanil or its vendee has an unconditional > license to use the patented process.
He brought an action before the referring Court, requested that this notification be declared null and void on the ground that it was in breach of his fundamental rights and, more particularly, his right not to be discriminated against on the ground of age, since the measure was based solely on the fact that he had reached the age of 65. The referring Court, inter alia, asked whether the prohibition of any discrimination based on age in employment and occupation must be interpreted as meaning that it precluded national legislation such as that in the main proceedings, pursuant to which compulsory retirement clauses contained in collective agreements were regarded as lawful, where such clauses provided as sole requirements that workers must have reached retirement age, set at 65 years by the national legislation, and must fulfil the other social security conditions for entitlement to draw a contributory retirement pension.
Until the Act was passed, English tort law had held that contributory negligence was a full defence to negligence. This rule composed what is sometimes called the "unholy trinity" of defences to negligence which wrought particular hardship on 19th century workers, and barred them from any compensation for ghastly workplace injuries (the other two are common employmentPriestly v Fowler (1837) 3 Mees & Wels 1 and volenti non fit injuria). It meant that if an employer was 99% at fault for his worker being mangled in his machinery, but the worker was 1% at fault, then the worker could recover nothing in compensation for injuries. Outside the workplace, an example of the defence is found in Waite v North-Eastern Railway Co(1858) EB&E; 719 where a grandmother and an infant that were hit by a negligently driven train were barred from any claim.
If the passenger had voluntarily chosen not to wear a seatbelt, was that person volenti to the injury? If so, volenti being a complete defence, the passenger would fail in a claim for negligence. In Froom v Butcher,Froom V Butcher[1976] 1 QB 286; [1975] 3 WLR 379; [1975] 3 All ER 520;[1975] 2 Lloyd's Rep 478; [1975] RTR 518; (1975) 119 SJ 613Case summary [v] Lord Denning MR sliced the Gordian knot by declaring that such a passenger was NOT volenti but rather was 20% contributorily negligent in the matter. Denning MR declared that "determining whether one is guilty of contributory negligence is a matter not of the cause of the accident, but of the cause of the damage", and he thereby ensured that the injured passenger could successfully claim against the driver's insurance, albeit that the claim would be only 80% of the loss.
But a logical division like this is not necessarily conducive to the ascertainment and remembrance of the historical progress and present significance of the science. No such distinction of mental activities as that involved in the division of the study of animal life into morphology and physiology has ever really existed: the investigator of animal forms has never entirely ignored the functions of the forms studied by him, and the experimental inquirer into the functions and properties of animal tissues and organs has always taken very careful account of the forms of those tissues and organs. A more instructive subdivision must be one which corresponds to the separate currents of thought and mental preoccupation which have been historically manifested in western Europe in the gradual evolution of what is to-day the great river of zoological doctrine to which they have all been rendered contributory.
With plaintiffs now effectively denied the opportunity to recover based on their own level of knowledge of the game, lawyers began adding the claim that teams were negligent in failing to warn spectators about the dangers of foul balls. Many states had reformed their tort laws, with courts and/or legislatures embracing the newer doctrine of comparative negligence, assumption of risk and contributory negligence, the pillars of the Baseball Rule in Crane, were no longer absolute defenses and a plaintiff whose own negligence had contributed to their injury could still recover, albeit less than what they had demanded, as long as they were found to be less than 50% at fault. These cases left the Baseball Rule intact; courts in California, New York and Texas wrote influential rulings declining to revisit it, although not without some skepticism, and an outright dissent in New York. These favorable verdicts notwithstanding, teams did begin to take some steps to warn fans of the danger from foul balls.
Only 4.46% of the recreational diving fatalities in a 1997 study were attributable to a single contributory cause. The remaining fatalities probably arose as a result of a progressive sequence of events involving two or more procedural errors or equipment failures, and since procedural errors are generally avoidable by a well-trained, intelligent and alert diver, working in an organised structure, and not under excessive stress, it was concluded that the low accident rate in professional scuba diving is due to this factor. The study also concluded that it would be impossible to completely eliminate all minor contraindications of scuba diving, as this would result in overwhelming bureaucracy and bring all diving to a halt. Human factors in diving equipment design is the influence of the interaction between the diver and the equipment on the design of the equipment on which the diver relies to stay alive and in reasonable comfort, and to perform the planned tasks during a dive.
Villeneuve was angered by what he saw as a betrayal by his teammate, and at one point had even refused to go onto the podium. This feud is often considered to have been a contributory factor to his fatal accident in qualifying at the next race, the 1982 Belgian Grand Prix. At the 2002 Austrian Grand Prix, after having started from pole position and leading the first 70 laps, Rubens Barrichello was instructed to let Ferrari teammate Michael Schumacher pass him, a move that proved to be unpopular among many Formula One fans and the Fédération Internationale de l'Automobile, the sport's governing body. Following this incident and others in which team orders were used, such as McLaren's use of them at the 1997 European Grand Prix and at the 1998 Australian Grand Prix, and Jordan Grand Prix's at the 1998 Belgian Grand Prix, team orders in Formula One were officially banned ahead of the 2003 Formula One season.CNN.
F.C. United were formed in 2005 by a group of Manchester United supporters following the club's controversial takeover by Malcolm Glazer which led to hundreds of supporters defecting from the club. Without a stadium of their own they agreed to use Bury's Gigg Lane stadium, but the agreement continued at the cost of approximately £5,000 per match. Within a year, the fan-owned club set aspirations to build its own 7,000 to 10,000 capacity stadium as close to Manchester city centre as possible by 2012 and consequently entered into negotiations with New East Manchester and Manchester City Council to develop their plans. Despite attendances averaging over 2,000 in their first few seasons, the fact that the club did not have access to a stadium of its own on its match days was a contributory factor in the club's financial loss for three years (£42,267 in 2007, £40,669 in 2008 and £9,663 in 2009).
Florence Hardy at the seashore, 1915 Hardy was horrified by the destruction caused by First World War, pondering that "I do not think a world in which such fiendishness is possible to be worth the saving" and "better to let western 'civilization' perish, and let the black and yellow races have a chance." He wrote to John Galsworthy that "the exchange of international thought is the only possible salvation for the world." Hardy became ill with pleurisy in December 1927 and died at Max Gate just after 9 pm on 11 January 1928, having dictated his final poem to his wife on his deathbed; the cause of death was cited, on his death certificate, as "cardiac syncope", with "old age" given as a contributory factor. His funeral was on 16 January at Westminster Abbey, and it proved a controversial occasion because Hardy had wished for his body to be interred at Stinsford in the same grave as his first wife, Emma.
During this period indictments became lengthy, confusing and highly technical, firstly because of the large number of new criminal offences created and secondly because of the back-and-forth between counsel for the defence and the prosecution, one attempting to spot loopholes in the indictment and the other attempting to close them.Alexander (1916) p.238 A slight misspelling on the indictment rendered it invalid, and all errors were taken in favour of the prisoner.Winfield (2007) p.51 An additional contributory factor was that the indictments were drafted by clerks of assize who were only paid once per set of indictments – if the indictment was not valid they had to write a new one for free, and they therefore had a vested interest in making them as detailed and complex as possible to avoid subtle flaws. By the turn of the 20th century indictments were so complex that some barristers such as Archibald Bodkin had a practice specialising in writing them.
The fact that Stanley was asleep at the time of departure led Sheen to examine the working practices of Townsend Thoresen, from which he concluded that the poor workplace communication and stand-off relationship between ship operators and shore-based managers was the root cause of the sinking, and identified a "disease of sloppiness" and negligence at every level of the corporation's hierarchy. Issues relating to the breaking of waves high on the bow doors while under way and requests to have an indicator installed on the bridge showing the position of the doors were dismissed; the former because of the attitude that ships' masters would come and "bang on the desk" if an issue was truly important, and the latter because it was thought frivolous to spend money on equipment to indicate if employees had failed to do their job correctly.Wittingham, The Blame Machine, p. 120–1 The design of Herald of Free Enterprise was also found to be a contributory cause of the sinking.
In a furious and protracted engagement, Venerable suffered heavy damage and was driven ashore, allowing the remainder of the French force to return to Cadiz without further fighting. In the aftermath of the action, Venerable was towed off the shoreline and back to Gibraltar for repairs, while the remainder of the British squadron restored the British blockade of the French and Spanish ships in Cadiz, returning the situation to that in place before the battle. This British victory, coming so soon after Saumarez's defeat in Algeciras harbour, did much to restore parity in the region and the heavy casualties inflicted on the Spanish were to contribute to a weakening of the Franco-Spanish alliance which was a contributory factor in the signing of Treaty of Amiens, which brought the war to a temporary halt early the following year. In France, despite the heavy Spanish losses, the battle was celebrated as a victory, with Troude widely praised and promoted for the defence of his ship.
It introduced the power of the court to make a disqualification order prohibiting a person from being concerned in the management of a company was introduced by section 75. This was subsequently consolidated as section 275 of the Companies Act 1929 and based on the recommendation of the Report of the Company Law Amendment Committee (1925-1926) under the chairmanship of Mr Wilfrid Greene KC (Cmd 2657). Application for an order was to the court having jurisdiction to wind up the company and could be made by the official receiver or the liquidator or any creditor or contributory of the company. Except where there had been a conviction the power was limited to cases where it appeared in the course of a winding up that any business of the company had been carried on with intent to defraud and the maximum period for which a disqualification order could be made was five years.
The posture or gaze of a person while they browse-read a book while standing is often focused on as a contributory cause of the defecation urge. This is based on an interpretive model in which a defecation urge arises due to focusing one's gaze on a single point while adopting an upright or a slightly head-down posture.[『季刊 本とコンピュータ第二期』2004年冬号、p59] It has also been suggested that upright reading while also carrying or shouldering baggage could put force on the abdominal muscles and stimulate a defecation urge.[ウェブページ:“本屋で便意を催す理由”] Based on his many years of observing customers, Mitsutaka Oka, former managing director at Japanese bookstore chain Junkudo, suggests that the phenomenon may be caused by a moderate level of nervous tension and the repeated action of slowly walking and then coming to a halt.
" The ECL patent clause states (differences are underlined): "3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
This article is about the demographic features of the population of the area which is commonly described as Palestinian territories and includes information on ethnicity, education level, health of the populace, economic status, religious affiliations and other aspects of that population. According to a commonly used definition as relating to an application of the 1949 Armistice Agreement green line, the Palestinian territories have contributory parts of the West Bank (including East Jerusalem) and the Gaza Strip. The Palestinian National Authority, the United Nations Security Council,Resolution 446, Resolution 465, Resolution 484, among others the United Nations General Assembly, the European Union, the International Court of Justice, and the International Committee of the Red Cross use the terminology "Palestinian territories" or "occupied Palestinian territories". Israel refers to the administrative division encompassing Israeli-controlled Jewish-majority civilian areas of Area C of the West Bank, excluding East Jerusalem, as Judea and Samaria Area (, Ezor Yehuda VeShomron).
Winter Stadium and neighboring Swimming Pool Sport Česká Lípa, a contributory organization established by the town, manages local sports facilities including: the municipal stadium, which includes an open soccer pitch, tennis hall, outdoor tennis courts, hothouse and solarium; a sports hall (Lokomotiva); a sports complex featuring a reconstructed winter stadium and indoor pool with water slide, and a nearby skatepark; and the Sever Swimming Pool. Pata School Gym Other facilities include: the Olympia Relax Center; the TJ Lokomotiva soccer grounds; the Lada Airdrome; the Sosnová motor-racing circuit which hosts many motor sports competitions including the National Championship; several bowling alleys; and Boating Ploučnice on the river, used for canoes and kayaks from Stráž pod Ralskem. The District Committee of the Czech Union of Physical Education was previously an original administrative association, and is now the Česká Lípa District Sports Union. The town is home to Arsenal Česká Lípa, a football team, and various other clubs for different sports.
Blaming Carson, Sydney Ferries had "the bow theory", which stated that when a large and a small vessel were on parallel courses in shallow water, and with the larger vessel travelling faster, its bow wave could drag the smaller vessel into the larger one. A Marine Court of Inquiry, formal Inquest, and Admiralty Court of Inquiry gradually shifted blame for the disaster from Tahiti′s pilot, Captain Thomas Carson, to the ferry master, William Barnes, and the probable failure of Greycliffe′s steering gear that allowed her to swing off course and into the path of the liner. The coronial inquest and the Admiralty Court dismissed the bow theory and accepted that, even though the Tahiti was going too fast, the collision wouldn't have occurred had not the Greycliffe turned into its path. A verdict was handed down by the final court of appeal in 1931, which concluded that while both captains were guilty of contributory negligence, the "Greycliffe′s navigator" was twice as culpable as Carson.
Also worth noting was that the investigation itself was thorough in all respects, but the final report focused on technical issues and largely ignored contributory human factors, such as why the airlines permitted their pilots to execute maneuvers solely intended to improve the passengers' view of the canyon. It would not be until the late 1970s that human factors would be as thoroughly investigated as technical matters following aerial mishaps. During the investigation, Milford "Mel" Hunter, a scientific and technical illustrator with Life magazine, was given early and unrestricted access to the CAB's data and preliminary findings, enabling him to produce an illustration of what likely occurred at the moment of the collision. Hunter's finely detailed gouache painting first appeared in Life's April 29, 1957, issue and was subsequently included in David Gero's 1996 edition of Aviation Disasters II. In a letter to Gero in 1995, Hunter wrote:As related by Susan Smith-Hunter, Mel Hunter's widow.
Although no work on the canal had started, the company began building the Clydach Tramway, with Dadford as engineer. It used edge rails, like modern railways, which were laid on iron sleepers initially, but then on wooden sleepers. It is difficult to be certain which sections Dadford was responsible for, with Hadfield describing a tramroad from Gelli- felen colliery to Gilwern, which then crossed the River Usk to reach Glanrwyney, where iron from Ebbw Vale was worked in a forge Skempton describes a tramroad from Llangroiney to Gellifelen, and a second section from Gellifelen to Fossalog, near Nantyglo, while Gladwin and Gladwin describe a route from Llammarch Colliery to Clydach Ironworks. Dadford's bridge over the Usk collapsed in February 1795, when the river was in flood, and the fact that he had not built flood relief culverts into the embankments on either side of the bridge was deemed to have been a contributory factor in its failure.
The Orthodox Church generally emphasizes the synergistic doctrine of theosis in its conception of salvation as a process of personal transformation to the likeness of God in Christ through the Spirit. Theosis closely links the ideas of justification and sanctification; salvation is acquired through the divinization of man. This doctrine is sometimes dismissed as semipelagian by theologians of the classical Protestant traditions on the grounds that it suggests that man contributes to his own salvation. The accusation is rejected by Orthodox Christianity, which unlike the established Western traditions remained for the most part uninfluenced by Augustinian theology and holds that "for the regenerated to do spiritual good – for the works of the believer being contributory to salvation and wrought by supernatural grace are properly called spiritual – it is necessary that he be guided and prevented [preceded] by grace … Consequently, he is not able of himself to do any work worthy of a Christian life".
This study confirmed that the vast majority of EU migrants move to find or take up employment. No evidence was found that the main motivation of EU citizens to migrate was benefit-related. On average immigrants received less benefits than nationals of the Member State where they are residing.DG Employment, Social Affairs and Inclusion via DG Justice Framework Contract, Final report submitted by ICF GHK in association with Milieu Ltd, A fact finding analysis on the impact on the Member States' social security systems of the entitlements of non-active intra-EU migrants to special non-contributory cash benefits and healthcare granted on the basis of residence Retrieved 2015-03-24 Another study conducted in 2014 concentrated on the UK specifically. This study showed that from 2001 to 2011, EU migrants that recently arrived in the UK had paid £20 billion in taxes to the UK treasury, after deduction of the benefits they received in that same period.
The moral panic around so- called "gypsy crime" has been identified as a contributory factor to the very real racial violence suffered by Hungarian Roma, which police authorities frequently refuse to identify as hate crimes. Attila Lakatos, the Roma Voivode of Borsod-Abaúj-Zemplén County (inofficial historical title among the Roma community) approved and openly declared that gypsy criminality is an existing phenomenon: Members of mainstream Hungarian political parties have been accused frequently to have racist anti-Roma views and positions. The police chief of Miskolc, Albert Pásztor who was dismissed from his position and reassigned to another one after being accused of making anti-Roma statements, then reinstated following protests, was selected as joint mayoral candidate for the Hungarian Social Democrats and Democratic Coalition in 2014. He declared that some type of crimes are only commited by Roma people and claimed he just said what he summarized from the criminal statistics of the police.
Solomon's Wisdom, 1860 woodcut by Julius Schnorr von Karolsfeld The expressions "splitting the baby" or "cutting the baby in half" can be used to describe a split award (usually accompanied by a split costs award) in the most for a heavy-handed, costs- insensitive suit (such as entailing multiple hearings and disproportionate spending on both sides) for a relatively simple compromise. The analogy reminds litigants to keep their costs down in cases where judge may well divide fault, i.e. may "split the difference" in terms of damage awards or other remedies between the two parties (a very common example is in a comparative negligence case also known as contributory negligence scenario).Stephanie E. Keer and Richard W. Naimark, Arbitrators Do Not “Split- the-Baby”: Empirical Evidence from International Business Arbitrations from the Energy Bar Association Alternative Dispute Resolution Committee In other instances, lawyers and legal commentators may use "split the baby" to refer to any compromise or ruling in which both sides can claim partial victory.
JoAnn Brandon sued Richardson County and Sheriff Laux for failing to prevent Brandon's death, as well as being an indirect cause. She won the case, which was heard in September 1999 in Falls City, and was awarded $80,000. District court judge Orville Coady reduced the amount by 85 percent based on the responsibility of Nissen and Lotter, and by one percent for Brandon's alleged contributory negligence. This led to a remaining judgment of responsibility against Richardson County and Laux of $17,360.97. In 2001, the Nebraska Supreme Court reversed the reductions of the earlier award reinstating the full $80,000 award for "mental suffering", plus $6,223.20 for funeral costs. In October 2001, the same judge awarded the plaintiff an additional $12,000: $5,000 for wrongful death, and $7,000 for the intentional infliction of emotional distress. The victims of prejudice, B.B.C. News, December 26, 2003 Laux was also criticized after the murder for his attitude toward Teena – at one point, Laux referred to Brandon as "it".O'Hanlon, Kevin.
The federal court of appeals referenced to determine contributory infringement. Specifically, the patent owner must show: "1) that there is direct infringement, 2) that the accused infringer had knowledge of the patent, 3) that the component has no substantial non-infringing uses, and 4) that the component is a material part of the invention". To determine direct infringement, the court stated "if an accused product operates in accordance with a standard, then comparing the claims to that standard is the same as comparing the claims to the accused product"; however, the court softend their statement with the following "We acknowledge, however, that in many instances, an industry standard does not provide the level of specificity required to establish that practicing that standard would always result in infringement". However, Netgear's customer service records that had recommended end-users enable fragmentation on four models (WPN111, WG511, WPN824, and WG311T) was accepted as a viable evidence.
The complaint contained seven counts of infringement: # direct copyright infringement (Count I) # contributory copyright infringement (Count II) # vicarious copyright infringement (Count III) # inducement of copyright infringement (Count IV) # false designation of origin in violation of the Lanham Act (Count V) # trademark and trade dress infringement in violation of the Lanham Act (Count VI) and # common law trademark infringement and unfair competition (Count VII) Flava Works alleged that by not policing his site properly, MyVidster's sole proprietor Marques Gunter "purposefully created a system that makes it more difficult for copyright owners to monitor the site for infringement." In late 2010 Flava Works sent Gunter and his web hosting companies a number of takedown notices under the DMCA, these notices included the user names of repeat posters of infringing content. Flava Works did not contest that Gunter removed offending content from this site, but complained that Gunter did nothing to stop repeat offenders, allowing infringing work to continually appear on his website.
If the null hypothesis that a_j=0 is rejected, then the alternative hypothesis that a_{j} e 0 and equivalently that x_j causes y cannot be rejected. On the other hand, if the null hypothesis that a_j=0 cannot be rejected, then equivalently the hypothesis of no causal effect of x_j on y cannot be rejected. Here the notion of causality is one of contributory causality as discussed above: If the true value a_j e 0, then a change in x_j will result in a change in y unless some other causative variable(s), either included in the regression or implicit in the error term, change in such a way as to exactly offset its effect; thus a change in x_j is not sufficient to change y. Likewise, a change in x_j is not necessary to change y, because a change in y could be caused by something implicit in the error term (or by some other causative explanatory variable included in the model).
In a number of the Baseball Rule cases, particularly the more recent ones, judges, first in dissents such as Akins and Rudnick, and later in the Crespin and Rountree majorities, rejected the Baseball Rule as an artifact of the tort-law regime that prevailed before comparative negligence, when assumption of risk and contributory negligence were absolute bars to a plaintiff's recovery, and a reminder of why that transition was made in the first place. But some also recognized that baseball, as well, had changed considerably since then and there was no reason for the law to sentimentalize the sport. Bob Gorman, coauthor of Death at the Ballpark, notes on his blog that Crane was decided during an era of baseball now known as the dead ball era, when games were generally low-scoring and teams relied generally on the small ball strategy of getting singles to advance their runners along the bases and get them in scoring positions. Home runs were rare and so were foul balls hit into the stands as batters did not regularly swing for the fences.
17, 2015), is a 2015 decision of the United States Court of Appeals for the Federal Circuit concerning the rights of end users who purchase products subject to fair, reasonable, and nondiscriminatory (FRAND) licensing under an industry-wide patent pool of standards-essential patents, and of suppliers of software to the end users. The Federal Circuit held that, where the patent holder had authorized sales to end users of optical discs compliant with the standard, which embodied the patents' essential features and were reasonably intended only to be used to practice the patents, the patent owner had no direct infringement claim against the end users without proof that the end-users were using unlicensed discs. The patent holder therefore had no claim for contributory infringement or induced infringement against a software company for selling software to the end users for use with the licensed discs. The decision is said to be an important one for clarifying the rights of downstream users and their suppliers in the context of patent pools and FRAND licensing.
Two mechanisms are involved in the development of sphincter of Oddi dysfunction, either or both of which may be contributory to the condition: stenosis, or narrowing of the sphincter of Oddi (also termed papillary stenosis), and dyskinesia, or alteration in the function of the sphincter of Oddi (also termed biliary dyskinesia). Individuals with stenosis of the sphincter of Oddi typically have an elevated baseline pressure of the sphincter of Oddi, due to an anatomical problem that leads to narrowing of the sphincter, such as recurrent passage of gallstones through the ampulla of Vater, trauma to the sphincter from procedures such as endoscopic retrograde cholangiopancreatography or biliary surgery, or infections of the common bile duct. In contrast, dyskinesia of the sphincter of Oddi is a purely functional disorder, wherein there is intermittent obstruction of the bile duct due to inappropriate spasms. The reasons for dyskinesia of the sphincter of Oddi are not completely understood, but believed to be due to alteration in local gut hormones and peptides, such as cholecystokinin, which act on the sphincter or to altered neuronal control of the sphincter.
The Farm Square Precinct is situated to the northeast of the central precinct, within the Core Environs area. Elements of cultural heritage significance within this precinct include: Farm Square (begun 1899) (Bldg 8216), Crow's Silo (1941) (Bldg 8217), the Weighbridge (Bldg 8215), the Merv Young Field Facilities Building (former Woolshed, 1913–15) (Bldg 8134), former Dairy Factory (now a Printery) (1912) (Bldg 8131), the Hayshed (1923) (Bldg 8213), a Blacksmith's Shed (1933) (Bldg 8208), a residence (Bldg 8258); Shearing Shed (1941) (Bldg 8230), Wool Classing Shed (s) (Bldg 8231), and 6 other s buildings associated with the move of the College teaching and farm facilities to the northeast of the campus during the Second World War (Bldgs 8260, 8233-8237). Of contributory significance is the former Crowley Vale School (1916) (Bldg 8158), which has been moved to a location on Services Road. Farm Square Precinct also contains a number of mature trees which contribute significantly to the aesthetic value of the campus, including a row of tall Bangalow Palms at the southern end of Services Road.
In 1932, as MP for Willesden West, she spoke out against a clause in the National Health Insurance and Contributory Pension Bill which would penalise all married women as 'malingerers and cheats until they have definitely proved that they are not', though they had paid fully into the fund. On the Employment Bill of 1933 she argued lucidly for more training of the unemployed: 'it would be better to send a smaller number of people to undertake a really full course of training, and to turn them out as trained men, capable of earning good wages, than to send a larger number there and again flood the market with people who are not fully trained.' This was an issue she returned to again and again in her parliamentary career. In 1934 during discussion of the Employment Assistance Act, she raised the issue of different benefit scales for men and women: 'When you are dealing with the destitute, I suggest that a destitute man and a destitute woman cannot be kept for a different sum of money.
The significance of the subject site and the group is associated with its location in The Rocks, a precinct unique to NSW and its historic associations and streetscape character and qualities that contribute to The Rocks area, which has State heritage significance in its own right. The group is an important part of The Rocks Heritage Conservation Area being sympathetic in scale and character and an extension of the remaining earlier buildings of George Street, presenting a unified streetscape. The buildings are tangible evidence of the redevelopment of The Rocks in the last decade of the 19th century and the first decade of the 20th century, the period before and after the plague outbreak. 147 George Street has high social significance as a contributory element associated with the historic character of The Rocks, which is held in esteem by the local community and to the people of NSW. 147 George Street was listed on the New South Wales State Heritage Register on 10 May 2002 having satisfied the following criteria.
The Board of Trade enquiry, subsequent to the inquest, concluded that Hutchings had not, in fact, given the "Train Entering Section" signal for the coal train after Quick had accepted it, and Quick had subsequently accepted the passenger train, having forgotten that he had accepted the coal train earlier. Hutchings was also criticised for not replacing his signals to "Danger" as soon as he was aware of the conflict – if he had done so, the driver of the passenger train would have had about 30 seconds to observe the danger signal, and, even if he had been unable to stop the train, its speed would have been greatly reduced and the collision much less severe. A contributory factor was the use of two-position block instruments, which did not have distinct "Line Blocked" and "Line Clear" indications. If a three-position instrument had been used, Hutchings would not have offered the passenger train forward (and Quick would not have accepted it) while the instrument was still showing "Line Clear" for the coal train.
These sections were replaced by sections 1(1) and 37(3) of, and paragraph 1(a) of the Second Schedule to the Sexual Offences Act 1956. In January 1982, the Government accepted an amendment to the Criminal Justice Bill the effect of which, if enacted, would be to compel judges to sentence men convicted of rape to imprisonment. This followed a case earlier that month in which John Allen, 33, businessman and convicted of raping a 17-year-old hitchhiker, had been fined £2,000 by Judge Bernard Richard, who alleged the victim's "contributory negligence" The final paragraph of section 4 of the Criminal Law Amendment Act 1885 provided that it was rape for a man to have carnal knowledge of a married woman by impersonating her husband. This provision was replaced by section 1(2) of the Sexual Offences Act 1956. Rape ceased to be a felony on 1 January 1968 as a result of the abolition of the distinction between felony and misdemeanour by the Criminal Law Act 1967.
In 1832, the company sent two small ships and a brig to the Niger, the Alburkah, a paddle-wheel steamer of fifty-five tons designed by Laird, the first iron vessel to make an ocean voyage and the Quorra, conveying twenty nine men, made of wood, it measured 112 feet in length, a beam of 16 feet and a draft of eight feet. The original plan of the expedition was to set up a floating vessel, the brig at River Nun, a Niger tributary with history of trade with Europeans, and two paddle vessels to navigate northwards to establish a trading post at Lokoja. Laird was among the forty eight European voyagers in the expedition, which was led by Richard Lander, all but nine of whom died from fever or, in the case of Lander, from wounds. Though two doctors came along, quinine was rarely used to treat fever that became more pronounced as they made their ascent up the river, instead miasma was thought the main contributory reason for an epidemic of fever.
Information technology risk, IT risk, IT-related risk, or cyber risk is any risk related to information technology. While information has long been appreciated as a valuable and important asset, the rise of the knowledge economy and the Digital Revolution has led to organizations becoming increasingly dependent on information, information processing and especially IT. Various events or incidents that compromise IT in some way can therefore cause adverse impacts on the organization's business processes or mission, ranging from inconsequential to catastrophic in scale. Assessing the probability or likelihood of various types of event/incident with their predicted impacts or consequences, should they occur, is a common way to assess and measure IT risks."Risk is a combination of the likelihood of an occurrence of a hazardous event or exposure(s) and the severity of injury or ill health that can be caused by the event or exposure(s)" (OHSAS 18001:2007) Alternative methods of measuring IT risk typically involve assessing other contributory factors such as the threats, vulnerabilities, exposures, and asset values.
Days after this announcement, a major strike by employees at Short Brothers and Harland began in protest at proposed redundancies. Though the specific issue of Nobel production was not the major trigger for the strike, it was felt to be a contributory factor, and the issue was raised by the Northern Ireland Labour Party when it called for the Northern Ireland Parliament to be recalled and steps taken to retain production of the Nobel. The strike was resolved after a few weeks, but it was without any deference or solution to the problem of the production costs of the Nobel saloon. At the same time as he announced that production of Nobel saloons at Shorts in Northern Ireland would end, Lord stated that he was negotiating with several companies in England to take over their work. He also announced that the Fairey Aviation Company at Heaton Chapel, Stockport would manufacture two new models, a Nobel “utility” car and a sports convertible, although they would not be producing the saloon.
Other important centers of diamond cutting and trading are the Antwerp diamond district in Belgium, where the International Gemological Institute is based, London, the Diamond District in New York City, the Diamond Exchange District in Tel Aviv, and Amsterdam. One contributory factor is the geological nature of diamond deposits: several large primary kimberlite-pipe mines each account for significant portions of market share (such as the Jwaneng mine in Botswana, which is a single large- pit mine that can produce between of diamonds per year). Secondary alluvial diamond deposits, on the other hand, tend to be fragmented amongst many different operators because they can be dispersed over many hundreds of square kilometers (e.g., alluvial deposits in Brazil). The production and distribution of diamonds is largely consolidated in the hands of a few key players, and concentrated in traditional diamond trading centers, the most important being Antwerp, where 80% of all rough diamonds, 50% of all cut diamonds and more than 50% of all rough, cut and industrial diamonds combined are handled.
Robert Jenkins hands a dismissive Prime Minister Robert Walpole his severed ear, as his companions lift off his wig to show the scar; one of Walpole's associates displays total indifference, preferring to converse with a lady. Satirical Cartoon, 1738, British Museum Robert Jenkins (1730s-40s in Llanelli, Wales – fl.) was a Welsh master mariner, famous as the protagonist of the "Jenkins's ear" incident, which became a contributory cause of the War of Jenkins' Ear between the Kingdom of Great Britain and the Kingdom of Spain in 1739. Returning home from a trading voyage in the West Indies in command of the brig HMS Rebecca in April 1731, Jenkins' ship was stopped and boarded by the Spanish guarda-costa or privateer La Isabela on suspicion of smuggling. According to some accounts, her commander, Juan de León Fandiño, had Jenkins bound to a mast, then sliced off his left ear with his sword and allegedly told him to say to his King "the same will happen to him (the king) if caught doing the same".
The programme was revived in 1972, during a time when the BBC were reviving some of their more successful sitcoms from the 1960s for colour production (Steptoe and Son being an example). A contributory factor to this decision may have been that, since the ITV franchise changes of the summer of 1968, ITV had paid a lot more attention to making sitcoms, particularly those featuring, and appealing to, the working class, which had previously been the preserve of the BBC during the 1960s. This can be attributed as a direct effect of the popularity of Till Death Us Do Part, The Likely Lads and Steptoe and Son, which were the first sitcoms to truly depict the realities of working class life in Britain, and were not set in typical "middle-class sitcom suburbia". In amongst these programmes, Till Death Us Do Part would not look as out of place as it did in the late 1960s, particularly now as the show would be less topical (bar some 1974 episodes) but no less political or controversial, as it had originally been.
Primo ok al Rosatellum, ma da martedì in Aula entra nel mirino dei franchi tiratori Despite many protests from the Five Star Movement and the Democratic and Progressive Movement, the electoral law was approved on 12 October by the Chamber of Deputies with 375 votes in favor and 215 against,Rosatellum approvato alla Camera. Evitata la trappola dello scrutinio segreto. Via libera al salva-Verdini and on 26 October by the Senate with 214 votes against 61.Il Rosatellum bis è legge dello Stato: via libera definitivo al Senato con 214 sì The electoral programme of the Democratic Party for the general election included, among the main points, the introduction of a minimum hourly wage of €10, a measure that would affect 15% of workers, that is those workers who do not adhere to the national collective agreements; a cut of the contributory wedge for permanent contracts; a relocation allowance and an increase in subsidies for the unemployed; a monthly allowance of €80 for parents for each minor child; fiscal detraction of €240 for parents with children; and the progressive reduction of IRPEF and IRES rates, respectively the Italian income tax and the corporate tax.
Conversely, countries of Northern and Eastern Europe (the Baltic states, Belarus, Ukraine, Russia) tend to have a 'normal' ratio at birth but a very low ratio of males among those over 65 (Russia 0.46, Latvia 0.48, Ukraine 0.52); similarly, Armenia has a far above average male ratio at birth (1.17), and a below-average male ratio above 65 (0.67). This effect may be caused by emigration and higher male mortality as result of higher Soviet era deaths; it may also be related to the enormous (by western standards) rate of alcoholism in the former Soviet states. Another possible contributory factor is an aging population, with a higher than normal proportion of relatively elderly people: we recall that due to higher differential mortality rates the ratio of males to females reduces for each year of age. In the evolutionary biology of sexual reproduction the operational sex ratio (OSR), is the ratio of sexually competing males that are ready to mate to sexually competing females that are ready to mate, or alternatively the local ratio of fertilizable females to sexually active males at any given time.
The court found that iCraveTV had directly and willingly infringed upon the rights of the plaintiffs under 17 U.S.C § 106 by making unauthorized copies of, preparing derivative works of (by removing subtitle data), and publicly displaying copyrighted works throughout the US. iCraveTV was also found to be liable for contributory infringement of the same works by knowingly and materially contributing to infringement by its users within the US. iCraveTV was found to be in violation of the Lanham Act by portraying itself as legitimate telecasters endorsed by the plaintiffs, and falsely stating that they owned copyrights on the streamed content. Additionally, iCraveTV violated the plaintiffs rights under the Lanham Act by infringing upon and diluting they trademarks with the intent of leveraging the plaintiffs reputation and goodwill. Under the common law of the Commonwealth of Pennsylvania, iCraveTV was also found to have participated in unfair competition and civil conspiracy that would irreparably harm the plaintiffs without an injunction. On January 1, 2000 the court granted the Plaintiff's a temporary restraining order which enjoined iCraveTV from infringing upon the plaintiff's copyrights, trademarks, and trade names through any means including, but not limited to, online streaming.
Competition from cheap oil imports arrived in the end of the 1950s, and in 1957 the coal industry began to contract. Between 1958 and 1959, 85 collieries closed. In 1960, Alf Robens became the chairman of the NCB, and he introduced a policy concentrating on the most productive pits. During his ten-year tenure, productivity increased by 70%, but with far fewer pits and a much reduced workforce. In 1967, the NCB reorganised its structure into 17 new areas each employing about 20,000 men. In 1956, 700,000 men produced 207 million tons of coal; by 1971, fewer than 290,000 workers were producing 133 million tons at 292 collieries. The 1974 Plan of Coal produced in the aftermath of the 1972 miners' strike envisaged that the coal industry would replace 40 million tons of obsolete capacity and ageing pits while maintaining its output. By 1983, the NCB would invest £3,000 million on developing new collieries. In 1984, it was alleged that the NCB had a list of collieries earmarked for closure and its chairman, Ian MacGregor indicated that the board was looking to reduce output by 4 million tons, a contributory factor in the 1984–85 miners' strike.
The misled party must show that he relied on the misstatement and was induced into the contract by it. In Attwood v Small,(1838) 6 Cl&F; 232 the seller, Small, made false claims about the capabilities of his mines and steelworks. The buyer, Attwood, said he would verify the claims before he bought, and he employed agents who declared that Small's claims were true. The House of Lords held that Attwood could not rescind the contract, as he did not rely on Small but instead relied on his agents. Edgington v Fitzmaurice(1885) 29 Ch D 459 confirmed further that a misrepresentation need not be the sole cause of entering a contract, for a remedy to be available, so long as it is an influence.A Burrows, A Casebook on Contract (Hart, Oxford 2007) 355Standard Chartered Bank v Pakistan National Shipping Corp (No 2) [2002] UKHL 43, damages for deceit cannot be reduced for contributory negligence.Gran Gelato Ltd v Richcliff (Group) Ltd [1992] QB 560see Smith v Hughes (1871) LR 6 QB 597 A party induced by a misrepresentation is not obliged to check its veracity. In Redgrave v Hurd (1881) 20 Ch D 1 Redgrave, an elderly solicitor told Hurd, a potential buyer, that the practice earned £300 pa.
Proponents of continuity cite a variety of contributory factors, in that it was Lenin, rather than Stalin, whose civil war measures introduced the Red Terror with its hostage-taking and internment camps; that it was Lenin who developed the infamous Article 58 and who established the autocratic system within the Russian Communist Party. Proponents also note that Lenin put a ban on factions within the party and introduced the one-party state in 1921, a move that enabled Stalin to get rid of his rivals easily after Lenin's death and cite Felix Dzerzhinsky, who exclaimed during the Bolshevik struggle against opponents in the Russian Civil War: "We stand for organized terror—this should be frankly stated."George Leggett, The Cheka: Lenin's Political Police. Opponents of this view include revisionist historians and a number of post-Cold War and otherwise dissident Soviet historians including Roy Medvedev, who argues that "one could list the various measures carried out by Stalin that were actually a continuation of anti- democratic trends and measures implemented under Lenin", but that "in so many ways, Stalin acted, not in line with Lenin's clear instructions, but in defiance of them."Roy Medvedev, Leninism and Western Socialism, Verso, 1981.
The common factor for purposes of comparison is that all of the pensioners, in whichever country they may reside, have duly paid the contributions required to qualify for their pensions. If some of them are not paid pensions at the same rate as others, that in my opinion constitutes discrimination for the purposes of Article 14 ...”. The UK state retirement pension is a contributory benefit paid when a UK pensioner retired based on the number of social security contributing years. para 37 The system in the UK allows for annual increases to the UK state pension based on the inflation rate in the UK. para 38 All pensioners living in the UK receive this increase as well as UK pensioners resident in certain other countries. paras 39,40 Each year, via secondary legislation known as Statutory Instruments, legislation is passed in the UK that sets out in Regulation 5 who should be restricted from receiving the annual increase to the UK state pension: :"Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975(7) (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order." paras 41, 42.
However, ten years earlier and 200 miles to the north, James Newlands, a Scottish Engineer, was one of a celebrated trio of pioneering officers appointed under a private Act, the Liverpool Sanitory Act by the Borough of Liverpool Health of Towns Committee. The other officers appointed under the Act were William Henry Duncan, Medical Officer for Health, and Thomas Fresh, Inspector of Nuisances (an early antecedent of the environmental health officer). One of five applicants for the post, Newlands was appointed Borough Engineer of Liverpool on 26 January 1847. He made a careful and exact survey of Liverpool and its surroundings, involving approximately 3,000 geodetical observations, and resulting in the construction of a contour map of the town and its neighbourhood, on a scale of one inch to 20 feet (6.1 m). From this elaborate survey Newlands proceeded to lay down a comprehensive system of outlet and contributory sewers, and main and subsidiary drains, to an aggregate extent of nearly 300 miles (480 km). The details of this projected system he presented to the Corporation in April 1848. In July 1848 James Newlands' sewer construction programme began, and over the next 11 years 86 miles (138 km) of new sewers were built. Between 1856 and 1862 another 58 miles (93 km) were added.
The design parameter of the Class 73 was to provide a secondary main line electric locomotive to the then Southern Regions "mixed traffic" requirements, with the added ability to deliver, shunt and collect freight to and from yards adjoining the electrified network under diesel power. The shunting requirement meant these locomotives had dual controls on both sides of the cab. The limitations of a 1,600 hp electric locomotive meant that it was only capable of hauling maximum ten- coach trains to the proposed post-steam era Southern Region express timings, as were the similarly powered Type 3 BRCW Class 33 diesel locos with 1,550 hp. Southern express electric multiple units had, by comparison, at least 1,000 hp per four-car unit. To assume that the Class 73 was suitable to haul passenger or freight trains away from the electrified network with just a 600 hp diesel engine would be unrealistic. In fact the use of the slightly more powerful Class 74 electro-diesels, with 650 hp on diesel, to haul parcels trains up Poole Bank and work freight trains around the West London Line to Acton, Brent and Willesden, resulted in repeated failures; this was, therefore, a major contributory factor to that class's early demise.

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