"The precise effect of their exposure on their long-term health remains unclear, albeit medical tests indicate that their mental capacity might be compromised to an unknown and so far unascertained degree," the court order read.
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"The precise effect of their exposure on their long term health remains unclear, albeit medical tests indicate that their mental capacity might be compromised to an unknown and so far unascertained degree," Judge David Williams said in his ruling.
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Where the seller has not taken due care, the remedies available depend on whether the goods are specific or unascertained.
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The body in the lake had finally been identified. In May 1969, the inquest on Catherine Burch was reopened. Although the police had solved this bizarre murder, the actual cause of death could still not be established and was recorded once again as 'unascertained'.
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In White v Shortall,[2006] NSWSC 1379 the Supreme Court of New South Wales explicitly rejected Dillon's reasoning.Hudson (2009) p.104 Campbell J nonetheless reached the same conclusion (that a settlor could declare a valid trust of an unascertained parcel of shares that was part of a larger fund), albeit by different reasoning.
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Additionally, for unascertained goods, the ownership is passed until the good is identified and sent to the buyer. On the other hand, when there is a business to customer sale, the business still has the duty to assume the risk of the good until it is delivered and received by the customer.
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On 25 March 2008 it was reported by 3AW's Derryn Hinch that Grybas had died of natural causes after suffering an allergic reaction to something he ate or drank the previous evening. His family, however, claim that the death was unascertained and that there has been no mention of an allergic reaction by the coroner.
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The centre is directed by Professor Mary Sheppard. Pathology is free of charge when the cause of death is unascertained and the deceased was aged 35 or under. CRY also funds the CRY Centre for Inherited Cardiovascular Disease and Sports Cardiology at St George’s Hospital. Professor Sanjay Sharma, medical director of the London Marathon, is CRY’s consultant cardiologist and leads their research programme.
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Patent defects are defects obvious to the naked eye: easily discoverable by the buyer at the time the goods are received. An example would be a scab on a sheep. Where specific goods are identified, or unascertained goods are appropriated by the seller to the contract, and the goods suffer from a patent defect, the seller may be sued for breach of contract by defective performance.Kroomer v Hess & Co 1919 AD 204.
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Thus, the majority of civilians left Khojaly, while around 200–300 people stayed in Khojaly, hiding in their houses and basements. As a result of the shelling of the town, an unascertained number of civilians were killed in Khojaly during the assault. The Armenian side practically refused to tell Memorial observers how many people so perished. The refugees in both groups were fired upon, as a result of which many of them were killed.
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Almost a year later an inquest was held in Boksburg, where the verdict was given as 'death unascertained'. The remains were buried in a pauper's grave. In August 1968, Catherine (now Mrs van Coppenhagen) decided that she would wait no longer and told a certain Police Captain, James Beeslaar, of her fears and convictions. He reopened the case and, in particular, started searching for the dead woman's husband, Ronald Burch, who had not been seen for four years.
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Sections 16 to 26 concern a contract's effects, and in particular the transfer of property and title. Under section 16, property (ownership) cannot pass unless the goods are ascertained (the actual goods to be sold are identified).s16. Section 18 provides presumptions to determine when property will pass, both for specific goods (ascertained at the time of the contract) and goods unascertained at the time of contracting. These 'rules' can be excluded by contrary implication or express agreement.
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Bell said: "There were findings at post-mortem consistent with assault, with such a manner of death in keeping with the circumstances in which her body was found. As to the actual mechanism of her death, perhaps the most likely cause has been some form of asphyxia. I cannot exclude the possibility that sharp force injury has been the cause of her death, or blunt force trauma." The cause of death was officially recorded as unascertained.
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He increased his personal wealth on his well-devised marriages and certain juridical maneuvers unascertained by his contemporaries, through which he has also received considerable property. Towards the middle of the 1670s, he owned landholdings and estates in Küküllő and Torda counties as well as in the territories of Székely seats of Marosszék and Udvarhelyszék. He built his principal residence in Kelementelke (today Călimănești in Fântânele commune, Romania). Kendi made his last will in the mid-1670s.
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Where the sale is of unascertained goods, the buyer may reject the goods and once again treat the seller as if there had been no delivery at all (whether the breach is major or not), provided the damage is not trifling. Where, however, the purchaser accepts the res vendita, but claims damages, the damages are estimated on the basis of the difference between the value of the sound goods and the value of the damaged goods delivered. The buyer may also claim any wasted necessary expenditure.
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This obligation may be subdivided into a number of duties. Where the res vendita comprises unascertained goods, the seller must appropriate them to the contract and ensure that the quantity and description and quality of the goods thus appropriated are in accordance with the terms of the contract. If anything has to be done to the res vendita to put it in a deliverable state, the seller is responsible for doing so at his own expense.Stephen Fraser and Co v Clydesdale Collieries 1903 TH 121.
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The seller must make the thing sold available at the place agreed upon in the contract. If no place is agreed upon, he must make it available at the place where the article is, if it is specific. If the res is unascertained, the seller must make it available at his place of business; if he has no place of business, then at his residence. If the thing is ordered to be manufactured, the thing must be made available at the place of manufacture, in the absence of any agreement to the contrary.
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Stevenson J., writing for himself, concurred with McLachlin J. on the result but did not fully endorse her view on relational economic loss. Mainly focusing on foreseeability, he held that: :There is no danger of indeterminate liability, and thus no policy reason to deny recoverability, when the defendant actually knows or ought to know of a specific individual or individuals, as opposed to a general or unascertained class of the public, who is or are likely to suffer a foreseeable kind of loss as a result of negligence by that defendant.
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The original structure is believed by some to have been built at an unascertained date by the original Dutch settlers of the islands to protect slave pens that were built in Port Purcell below. It is likely that the initial structure was built in response to a massacre of the inhabitants of the original settlement in Baugher's Bay in 1625. However, the main fortification was built (or rebuilt) by the British in the late 18th century around the outbreak of the American war of independence as part of the general upgrade of the fortifications of Road Town. The fort was named (or renamed) after King George III.
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On 23 April 2013, an inquest at Oxford Coroner's Court into the death of Becky Godden-Edwards recorded a narrative verdict stating that the cause of her death, believed to have been in 2003, was "unascertained but probably caused unlawfully by a third party." In September 2013, the Independent Police Complaints Commission published the result of an investigation, which found that Fulcher had a case to answer for gross misconduct for breaches of the Police and Criminal Evidence Act and for ignoring force orders. In January 2014, Fulcher was found guilty of gross misconduct and given a final written warning by a disciplinary tribunal. In May 2014, Fulcher resigned from Wiltshire Police.
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Items displayed for sale are invitations to treat.. An offer is also distinguished from "mere puff". An offer may be made to become liable to anyone who, before it is withdrawn, accepts the offer. It may be restricted to certain classes of people; where an application for shares directed to provisional directors of company about to be formed was held to be offer to company when formed. or on the other hand be made to anyone who, before it is withdrawn, accepts the offer, including unascertained persons,Westminster Estates Pty Ltd v Calleja [1970] 1 NSWR 526; (1970) 91 WN (NSW) 222 LawCite in which an offer to "A or his nominee" was effective and may be accepted by the nominee once appointed, even though nominee's identity was not ascertainable at time when offer made.
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The murder of Zoe Nelson was committed in the Cambusnethan suburb of Wishaw, North Lanarkshire, Scotland on 22 May 2010. Seventeen-year-old Zoe Nelson's extensively burned remains were found in woodland near a colliery spoil heap known locally as Monkey Hill after her killer constructed a pyre in an attempt to destroy evidence. Forensic pathologist Julia Bell told the High Court of Justiciary in Edinburgh that the possibilities for a full post mortem were "limited" because the body was too badly burned, but that "some form of throttling or suffocating was the most probable cause of death, which was recorded as 'unascertained'". During their enquiries, police used new media for the first time in a murder investigation, in an effort to reach out to local teenagers who may otherwise have not wanted to communicate with the police.
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Inside of Fort Purcell, better known as "The Dungeons" The Fort was built by the Dutch at an unascertained date in either the late 16th or very early 17th century, and was known by the Spanish authorities in Puerto Rico as the "donjon" (from which the English name, "the Dungeon" comes – the fort has never actually been used as a dungeon).It has been suggested that the earthen fort was originally constructed by the Spanish, and this is why the name has stuck, but there is little evidence to support any Spanish settlement of the Territory prior to the Dutch. The fort was originally only earthen, and was occupied intermittently, but it was restored by the Dutch privateer Joost van Dyk in 1625 or 1626. Documents from archives in Seville, Spain, report about two attacks that the Spanish made on Tortola in 1646 and 1647.
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However, one of the original cannons has survived and stands on the veranda of the hotel, vigilantly looking over the harbour. The original structure is believed by some to have been built at an unascertained date by the original Dutch settlers of the islands, although this is not certain as Spanish documents from this time refer to other forts on Tortola (which they attacked) and they make no mention of a defensive fortification at Fort Burt although the route of their attack (from Soper's hole, through Fort Purcell and on to Fort George would have taken them directly by the site of Fort Burt. In his book, Vernon Pickering suggests that the British erected the Fort on a site that they "erroneously believed" to have been the site of an earlier Dutch fort.Vernon Pickering, Early history of the British Virgin Islands: From Columbus to emancipation, However, the main fortification was built (or rebuilt) by the British in 1776 at the outbreak of the American war of independence.
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