The Mystery of Privity: Grand Trunk Railway Company of Canada v Robinson (1915)

This article examines a little known decision of the Judicial Committee of the Privy Council: Grand Trunk Railway Company of Canada v Robinson (1915). The examination is historical and it provides a different insight into the understanding of privity of contract, a doctrine central to contract law. The examination reveals a process of trans-Atlantic legal migration in which English law was applied to resolve an Ontario case. The nature of the resolution is surprising because it appears to conflict with the better known decision of the House of Lords, Dunlop Pneumatic Tyre Company, Limited v Selfridge and Company, Limited, which a similarly constituted panel delivered in the same week. This article argues that there was a greater malleability in the resolution of cases concerned with privity than was thought to have existed. It is also argued that the power of Canadian railway capitalism is a significant factor in understanding the legal resolution of the case. Finally, it the article considers the use of English and American precedents relevant to the case. The application of English precedents to the case led to a resolution not entirely befitting Canadian conditions.

Immune factors and fatty acid composition in human milk from river/lake, coastal and inland regions of China

Breast milk fatty acid composition may be affected by maternal diet during gestation and lactation. The influence of dietary and breast milk fatty acids on breast milk immune factors is poorly defined. We determined the fatty acid composition and immune factor concentrations of breast milk from women residing in river & lake, coastal, and inland regions of China, which differ in their consumption of lean fish and oily fish. Breast milk samples were collected on days 3 to 5 (colostrum), 14 and 28 post-partum and analysed for soluble CD14 (sCD14), transforming growth factor (TGF)-β1, TGF-β2, secretory immunoglobulin A (sIgA) and fatty acids. The fatty acid composition of breast milk differed between regions and with time post-partum. The concentrations of all four immune factors in breast milk decreased over time, with sCD14, sIgA and TGF-β1 being highest in colostrum in the river & lake region. Breast milk DHA and arachidonic acid (AA) were positively associated, and γ-linolenic acid and EPA negatively associated, with the concentrations of each of the four immune factors. In conclusion, breast milk fatty acids and immune factors differ between regions in China characterised by different patterns of fish consumption and change during the course of lactation. A higher breast milk DHA and AA concentration is associated with higher concentrations of immune factors in breast milk, suggesting a role for these fatty acids in promoting gastrointestinal and immune maturation of the infant.

Tropical climates at the Last Glacial Maximum: a new synthesis of terrestrial palaeoclimate data. I. Vegetation, lake-levels and geochemistry.

Palaeodata in synthesis form are needed as benchmarks for the Palaeoclimate Modelling Intercomparison Project (PMIP). Advances since the last synthesis of terrestrial palaeodata from the last glacial maximum (LGM) call for a new evaluation, especially of data from the tropics. Here pollen, plant-macrofossil, lake-level, noble gas (from groundwater) and δ18O (from speleothems) data are compiled for 18±2 ka (14C), 32 °N–33 °S. The reliability of the data was evaluated using explicit criteria and some types of data were re-analysed using consistent methods in order to derive a set of mutually consistent palaeoclimate estimates of mean temperature of the coldest month (MTCO), mean annual temperature (MAT), plant available moisture (PAM) and runoff (P-E). Cold-month temperature (MAT) anomalies from plant data range from −1 to −2 K near sea level in Indonesia and the S Pacific, through −6 to −8 K at many high-elevation sites to −8 to −15 K in S China and the SE USA. MAT anomalies from groundwater or speleothems seem more uniform (−4 to −6 K), but the data are as yet sparse; a clear divergence between MAT and cold-month estimates from the same region is seen only in the SE USA, where cold-air advection is expected to have enhanced cooling in winter. Regression of all cold-month anomalies against site elevation yielded an estimated average cooling of −2.5 to −3 K at modern sea level, increasing to ≈−6 K by 3000 m. However, Neotropical sites showed larger than the average sea-level cooling (−5 to −6 K) and a non-significant elevation effect, whereas W and S Pacific sites showed much less sea-level cooling (−1 K) and a stronger elevation effect. These findings support the inference that tropical sea-surface temperatures (SSTs) were lower than the CLIMAP estimates, but they limit the plausible average tropical sea-surface cooling, and they support the existence of CLIMAP-like geographic patterns in SST anomalies. Trends of PAM and lake levels indicate wet LGM conditions in the W USA, and at the highest elevations, with generally dry conditions elsewhere. These results suggest a colder-than-present ocean surface producing a weaker hydrological cycle, more arid continents, and arguably steeper-than-present terrestrial lapse rates. Such linkages are supported by recent observations on freezing-level height and tropical SSTs; moreover, simulations of “greenhouse” and LGM climates point to several possible feedback processes by which low-level temperature anomalies might be amplified aloft.

Recent lake-level and outflow variations at Lake Viljandi, Estonia: validation of a coupled lake-catchment modelling scheme for climate change studies

Changes in the depth of Lake Viljandi between 1940 and 1990 were simulated using a lake water and energy-balance model driven by standard monthly weather data. Catchment runoff was simulated using a one-dimensional hydrological model, with a two-layer soil, a single-layer snowpack, a simple representation of vegetation cover and similarly modest input requirements. Outflow was modelled as a function of lake level. The simulated record of lake level and outflow matched observations of lake-level variations (r = 0.78) and streamflow (r = 0.87) well. The ability of the model to capture both intra- and inter-annual variations in the behaviour of a specific lake, despite the relatively simple input requirements, makes it extremely suitable for investigations of the impacts of climate change on lake water balance.

The relationship between the ITCZ and the Southern Hemispheric eddy-driven jet

We study the effect of a thermal forcing confined to the midlatitudes of one hemisphere on the eddy-driven jet in the opposite hemisphere. We demonstrate the existence of an “interhemispheric teleconnection,” whereby warming (cooling) the Northern Hemisphere causes both the intertropical convergence zone (ITCZ) and the Southern Hemispheric midlatitude jet to shift northward (southward). The interhemispheric teleconnection is effected by a change in the asymmetry of the Hadley cells: as the ITCZ shifts away from the Equator, the cross-equatorial Hadley cell intensifies, fluxing more momentum toward the subtropics and sustaining a stronger subtropical jet. Changes in subtropical jet strength, in turn, alter the propagation of extratropical waves into the tropics, affecting eddy momentum fluxes and the eddy-driven westerlies. The relevance of this mechanism is demonstrated in the context of future climate change simulations, where shifts of the ITCZ are significantly related to shifts of the Southern Hemispheric eddy-driven jet in austral winter. The possible relevance of the proposed mechanism to paleoclimates is discussed, particularly with regard to theories of ice age terminations.

Influence of south Atlantic sea surface temperatures on rainfall variability and extremes over southern Africa

It is generally agreed that changing climate variability, and the associated change in climate extremes, may have a greater impact on environmentally vulnerable regions than a changing mean. This research investigates rainfall variability, rainfall extremes, and their associations with atmospheric and oceanic circulations over southern Africa, a region that is considered particularly vulnerable to extreme events because of numerous environmental, social, and economic pressures. Because rainfall variability is a function of scale, high-resolution data are needed to identify extreme events. Thus, this research uses remotely sensed rainfall data and climate model experiments at high spatial and temporal resolution, with the overall aim being to investigate the ways in which sea surface temperature (SST) anomalies influence rainfall extremes over southern Africa. Extreme rainfall identification is achieved by the high-resolution microwave/infrared rainfall algorithm dataset. This comprises satellite-derived daily rainfall from 1993 to 2002 and covers southern Africa at a spatial resolution of 0.1° latitude–longitude. Extremes are extracted and used with reanalysis data to study possible circulation anomalies associated with extreme rainfall. Anomalously cold SSTs in the central South Atlantic and warm SSTs off the coast of southwestern Africa seem to be statistically related to rainfall extremes. Further, through a number of idealized climate model experiments, it would appear that both decreasing SSTs in the central South Atlantic and increasing SSTs off the coast of southwestern Africa lead to a demonstrable increase in daily rainfall and rainfall extremes over southern Africa, via local effects such as increased convection and remote effects such as an adjustment of the Walker-type circulation.

A comparison of diatom phosphorus transfer functions and export coefficient models as tools for reconstructing lake nutrient histories

1. We compared the baseline phosphorus (P) concentrations inferred by diatom-P transfer functions and export coefficient models at 62 lakes in Great Britain to assess whether the techniques produce similar estimates of historical nutrient status. 2. There was a strong linear relationship between the two sets of values over the whole total P (TP) gradient (2-200 mu g TP L-1). However, a systematic bias was observed with the diatom model producing the higher values in 46 lakes (of which values differed by more than 10 mu g TP L-1 in 21). The export coefficient model gave the higher values in 10 lakes (of which the values differed by more than 10 mu g TP L-1 in only 4). 3. The difference between baseline and present-day TP concentrations was calculated to compare the extent of eutrophication inferred by the two sets of model output. There was generally poor agreement between the amounts of change estimated by the two approaches. The discrepancy in both the baseline values and the degree of change inferred by the models was greatest in the shallow and more productive sites. 4. Both approaches were applied to two lakes in the English Lake District where long-term P data exist, to assess how well the models track measured P concentrations since approximately 1850. There was good agreement between the pre-enrichment TP concentrations generated by the models. The diatom model paralleled the steeper rise in maximum soluble reactive P (SRP) more closely than the gradual increase in annual mean TP in both lakes. The export coefficient model produced a closer fit to observed annual mean TP concentrations for both sites, tracking the changes in total external nutrient loading. 5. A combined approach is recommended, with the diatom model employed to reflect the nature and timing of the in-lake response to changes in nutrient loading, and the export coefficient model used to establish the origins and extent of changes in the external load and to assess potential reduction in loading under different management scenarios. 6. However, caution must be exercised when applying these models to shallow lakes where the export coefficient model TP estimate will not include internal P loading from lake sediments and where the diatom TP inferences may over-estimate TP concentrations because of the high abundance of benthic taxa, many of which are poor indicators of trophic state.

The origin of brines underlying Lake Kinneret

Lake Kinneret (LK) is a relatively fresh water take situated in the Dead Sea Rift (DSR) Valley. The pore water (PW) in the sediments underlying LK pelagic zone have significantly higher salinity than that of the lake. The concentrations of major ion solutes (Cl, Br, Na, K, Mg) in PW from six 2.4 m to 5.1 m long sediment cores increase linearly with depth, indicating the occurrence of saline, deep seated brines. The upper part of the PW column is affected by the much fresher boundary with LK water and in most cores is characterized by gradually increasing Br/Cl and decreasing Na, Mg, K/Cl molar ratios, which tend to stabilize at about 2.0 m below the sediment surface. The 'stable' molar ratios in the deeper PW vary spatially and are supposed to represent the ratios in the deep underlying brines at each site. When plotted as Na/Cl vs. Br/Cl, the stable ratios of the northern and central part of the lake fall close to a straight line which characterizes many of the brines in the DSR Valley. However, the respective ratios in the southern part of the lake fall markedly off the DSR line. Moreover, Na/Cl and K/Cl molar ratios in the south are significantly higher than in the central and northern parts. delta Cl-37 measured in present LK water is ca. 0.0 parts per thousand. Along the PW column at the lake center, delta Cl-37 is becoming more positive with depth, reaching values of about +0.5 parts per thousand to +0.6 parts per thousand at 3 m depth. Even more positive values (+0.7 parts per thousand to +0.8 parts per thousand) are detected further north, in PW from deeper sediment layers. In contrast, in PW from the southeastern part of the lake, delta Cl-37 is becoming more negative with depth (-1.0 parts per thousand at similar to 2.6 m). It is suggested that these isotopic differences are also indicative of spatial variability in the PW brine sources. O-18 and D values in the PW of all 3 m long cores are similar and resemble the respective levels in LK. The source of H2O in 3 m deep, bed sediments is claimed to be the overlying lake water, and therefore water isotopes do not provide a clue regarding the original water isotopic composition in the underlying brines. PW from the southeast with higher K/Cl and Na/Cl but lower concentrations of these solutes, suggest leaching by meteoric water of sub-surface halite and post-halite salt formations, while the more saline PW from the northern and central parts, that have lower K/Cl and Na/Cl, and higher Br/Cl, are similar to DSR brines and represent underlying residual brines. (C) 2009 Elsevier B.V. All rights reserved.

Differences in postprandial lipaemic response between Northern and Southern Europeans

Postprandial lipaemic responses to two test meals were investigated in 30 Northern (15 British and 15 Irish), and 30 Southern (Greeks from Crete) healthy male Europeans. The meals were a saturated fatty acid (SFA) meal, which resembled the fatty acid composition of an average UK diet, and a monounsaturated fatty acid (MUFA) meal in which the fat consisted of olive oil. Habitual diets of the two groups differed, with higher total fat, (P < 0.03) and MUFA (P < 0.0001) and lower polyunsaturated fatty acid (PUFA) (P < 0.0001) intakes in Southern than Northern Europeans. Levels of total MUFA (P < 0.02) and oleic acid (P < 0.004) were also higher in adipose tissue of Southern in comparison to Northern Europeans. In both European groups there were no significant differences in postprandial triglyceride response between the two meal types, SFA or MUFA. However, Northern and Southern Europeans showed significant differences in their patterns of postprandial response in plasma triglycerides (P < 0.0001), apolipoprotein B-48 (P < 0.0001), NEFA (P < 0.0001), insulin (P < 0.0007), and factor VII activity (P-0.03). In the case of NEFA, areas under the response curve were higher following the SFA than the MUFA meal for both groups, (P < 0.003) and were greater in Southern than Northern Europeans (P < 0.002) and apo B-48 responses were lower (P < 0.005). Some of these differences may reflect differences in fasting levels since fasting apolipoprotein B-48 levels were lower (P < 0.01) and fasting NEFA (P < 0.02) and insulin (P < 0.005) were higher in the Southern than in the Northern Europeans. In addition, 9 h postprandial post-heparin lipoprotein lipase activity was lower in the Southern than in the Northern Europeans (P < 0.0006). This is the first report of differences in postprandial lipid, factor VII and insulin responses in Southern and Northern Europeans which may be of importance in explaining the different susceptibilities of these two populations to risk of coronary artery disease.

British railways and the challenge from road haulage: 1919-39

Interwar Britain witnessed the rapid rise of road transport as a serious competitor to the railways. This article examines road–rail competition for freight traffic. It demonstrates that, contrary to previous accounts—which have been highly critical of the railway companies—their failure to prevent rapid loss of traffic to the roads was the inevitable consequence of the regulatory framework under which the railways had been returned to private control in 1921. Given the constraints imposed by this framework, price competition with road hauliers would have further depressed railway company profits. Railway policy thus concentrated on pressing for a revision of the legislative framework governing road–rail competition.

Understanding lake and catchment history as a tool for integrated lake management

Sustainable lake management for nutrient-enriched lakes must be underpinned by an understanding of both the functioning of the lake, and the origins of changes in nutrient loading from the catchment. To date, limnologists have tended to focus on studying the impact of nutrient enrichment on the lake biota, and the dynamics of nutrient cycling between the water column, biota and sediments within the lake. Relatively less attention has been paid to understanding the specific origins of nutrient loading from the catchment and nutrient transport pathways linking the lake to its catchment. As such, when devising catchment management strategies to reduce nutrient loading on enriched lakes, assumptions have been made regarding the relative significance of non-point versus point sources in the catchment. These are not always supported by research conducted on catchment nutrient dynamics in other fields of freshwater science. Studies on nutrient enrichment in lakes need to take account of the history of catchment use and management specific to each lake in order to devise targeted and sustainable management strategies to reduce nutrient loading to enriched lakes. Here a modelling approach which allows quantification of the relative contribution of nutrients from each specific point and non-point catchment source over the course of catchment history is presented. The approach has been applied to three contrasting catchments in the U.K. for the period 1931 to present. These are the catchment of Slapton Ley in south Devon, the River Esk in Cumbria and the Deben Estuary in Suffolk. Each catchment showed marked variations in the nature and intensity of land use and management. The model output quantifies the relative importance of point source versus non-point livestock and land use sources in each of the catchments, and demonstrates the necessity for an understanding of site-specific catchment history in devising suitable management strategies for the reduction of nutrient loading on enriched lakes.

Humid periods in southern Arabia: windows of opportunity for modern human dispersal.

Arabia is a key area for the dispersal of anatomically modern humans (AMH, Homo sapiens) out of Africa. Given its modern hostile environment, the question of the timing of dispersal is also a question of climatic conditions. Fresh water and food were crucial factors facilitating AMH expansions into Arabia. By dating relict lake deposits, four periods of lake formation were identified: one during the early Holocene and three during the late Pleistocene centered ca. 80, ca. 100, and ca. 125 ka. Favorable environmental conditions during these periods allowed AMH to migrate across southern Arabia. Between ca. 75 and 10.5 ka, arid conditions prevailed and turned southern Arabia into a natural barrier for human dispersal. Thus, expansion of AMH through the southern corridor into Asia must have taken place before 75 ka, possibly in multiple dispersals.