Rescission and substitute property:Bainbridge v Bainbridge [2016] EWHC 898 (Ch)

One of the unresolved issues concerning equity’s jurisdiction to set aside dispositions for mistake is the nature of the proprietary consequences that ensue. The decision in Bainbridge v Bainbridge sheds further light on this important issue, but also illustrates that some important aspects concerning the application of rescission needs further clarification. The key issue concerned the rescission of a trust, where parts of the land had been sold by the trustees who had used the proceeds of sale to buy two new plots of land. Part of the reasoning used by Master Matthews relied upon authorities, developed in the context of fraudulently induced transfers of money, which requires careful consideration of the relationship between the principle in Pitt v Holt and unjust enrichment.

Community pharmacists' engagement with public health in Great Britain

Objective - The objective of the research was to examine to what extent community pharmacists in Great Britain believed that their job was concerned with local public health issues. Methods - The project (Pharmacy and Public Health)received ethical approval from the Research Ethics Committee of the School of Life and Health Sciences at Aston University. After piloting, in August 2006 a self-completion postal questionnaire was sent to practicing community pharmacists in Great Britain (n=1998), with a follow-up to non-responders 4 weeks later. A final response rate of 51% (n=1023/1998) was achieved. Results - Respondents were asked to indicate their answer to the question “to what extent is your present job concerned with local public health issues?” on a three-point scale – “highly”, “slightly” or “not at all” concerned with public health. They were also asked to indicate whether they were pharmacy owners, employee pharmacists or self-employed locum pharmacists. Less than half (43%,n=384/898) of respondents answering both questions believed that their job was highly concerned with public health. A relationship was observed between employment status and the level to which a respondent believed that their job was concerned with public health (chi-square test with P=0.001). Over half of pharmacy owners (51%, n=68/134) considered that their job was highly concerned with public health compared to44% (n=193/443) of employee pharmacists and38% (n=123/321) of locum pharmacists. Conclusion - This research suggests that community pharmacists in Great Britain are not ‘fully engaged’ with public health. Pharmacy owners may feel more enfranchised in the public health movement than their employees and locums. Indeed, one-in-ten locums reported that their job was not at all concerned with public health which, as locum pharmacists constitute over a third of actively employed community pharmacists, could be limiting factor in any drive to strengthen the public health function of community pharmacists.

Disentangle contextual and permanent individual motivations:an application to shopping behavior

Past studies resulted in conflicting definitions of consumer motivation. On the one hand, motivations are seen as the consumer’s characteristics that shape her general behavior (motivational trait). On the other hand, they are seen as contextual variables representing the reason why the individual is behaving specific to today’s context (motivational state). The objective of this research is to stress the difference between these two concepts and to understand the impact of each on consumer behavior. We applied our empirical study to shopping motivations; our results show a strong interaction between motivational trait and motivational state. Problem and Hypothesis On the one hand, Westbrook and Black (1985) consider shopping motivations as individual permanent characteristics. This concept is shared by other researchers (Rohm and Swaminathan 2004), which show that some shoppers are functional (they shop for convenience, information seeking, and time saving) while some others are hedonic (they shop for social interaction, bargain hunting and browsing). On the other hand, Kaltcheva and Weitz (2006) define motivations as a contextual orientation changing over time, depending on the situation, and show that contextual shopping motivations have a strong impact on shopping behavior. From our knowledge, no research specifically examined the respective impact of both these shopping motivation types. To deal with this issue, we used the notions of “traits” and “states” that have been largely used in marketing research to designate respectively a permanent characteristic of the individual and a temporary orientation of the consumer (Mowen 2000). The reversal theory (Apter 2001) suggests that two opposite states exist: the telic and the paratelic states. In the telic state, individuals set goals for themselves, must be disciplined to reach these goals, and do not behave in accordance with their personal trait. In the paratelic state, individuals are seeking arousal and enjoyment, do not set rules, and one could postulate that they act in accordance with their natural tendencies. Based on these considerations, we hypothesize the following process: in situations involving paratelic states, hedonic as well as functional individuals should behave according to their natural traits, whereas in situations involving telic states, hedonic people should inhibit their natural propensity to enjoy shopping and behave similarly to functional people. Hence, we postulate the following: Hypothesis: Compared to shoppers with functional motivational trait, shoppers with hedonic motivational trait will a) significantly display more hedonic shopping behavior intentions in a condition of paratelic motivational state, and b) not display more hedonic shopping behavior intentions in a condition a telic motivational state Empirical Research First, 108 participants were asked to fill a multi-items scale about their shopping habits, which actually measured their shopping motivational traits. This questionnaire allowed us to highlight four different dimensions in shopping motivational traits: social interaction, novelty/utility seeking, bargain hunting, and browsing. According to their scores on different items, participants were classified as functional or as hedonic on each of these four dimensions (a single individual may be hedonic on some dimensions and functional on others). Then, participants were then induced to adopt either a telic or a paratelic shopping motivational state while reading an appropriate scenario. Finally, participants were asked for their shopping behavior intentions in response to the shopping context. Four items were developed, corresponding to the four shopping motivational trait dimensions we found with our factor analysis. Results As we found four dimensions in shopping motivational trait, we set up four quasi-experimental designs to capture the entire phenomenon: for each dimension, a 2 (motivational trait) x 2 (motivational state) design was built, where the dependant variable was the shopping behavior element corresponding to the studied dimension. Four 2 x 2 Anovas were performed to assess the interaction between motivational trait and motivational state. Concerning the three dimensions - browsing, novelty/utility seeking, and bargain hunting- , in the paratelic state scenario participants with hedonic motivational trait displayed significantly more hedonic shopping behavior intentions than participants with a functional motivational trait (resp. F = 9.701, p = .003; F = 4.979, p = .03; F = 5.757, p = .02); and in the telic state scenario, there was no significant difference in behavior intentions between participants with hedonic or functional motivation trait. Each time, the interaction effect between motivational state and motivational trait was significant (resp. F = 4.859, p = .03; F = 3.314, p = .07; F = 2.98, p = .08). Concerning the fourth dimension, social interaction, shopping behavior intentions of participants with hedonic and with functional motivational traits were significantly different in the paratelic state scenario (F = 29.898, p <.000) as well as in the telic state scenario (F = 9.559, p = .003). However, the interaction effect showed that this behavioral difference was significantly stronger in the paratelic scenario. All these results support our research hypothesis. Discussion and Implications Our study provides consistent support for our hypotheses saying that there is an interaction effect between shopping motivational states and shopping motivational traits. The generalization of the results is strengthened by the study of four different shopping traits: social interaction, novelty/utility seeking, bargain hunting and browsing. As we proposed, when shopping in a goal-oriented state (telic state), behaviors of hedonic and functional shoppers do not differ significantly. Conversely, when shopping for a recreational reason (paratelic state), hedonic and functional shoppers behave significantly different. These results could explain why some previous studies concluded that shopping motivational traits had no impact on shopping behavior: they did not take into consideration the interaction between motivational trait and motivational state. Moreover, our study shows that marketing surveys performed by store managers to draw the personal profile of their customers must be crossed with contextual motivations in order to accurately forecast shopper behavior. Future Developments Our results can be explained by the self-control process, which pushes hedonic-trait shoppers to behave in a rather functional way in utilitarian situations. However, to be certain that this is the very process that occurs, we plan to add self-control perception scales to our existing measures. This is obviously the next step of this research.

Optical microbubble resonator

We develop a method for fabricating very small silica microbubbles having a micrometer-order wall thickness and demonstrate the first optical microbubble resonator. Our method is based on blowing a microbubble using stable radiative CO2 laser heating rather than unstable convective heating in a flame or furnace. Microbubbles are created along a microcapillary and are naturally opened to the input and output microfluidic or gas channels. The demonstrated microbubble resonator has 370 µm diameter, 2 µm wall thickness, and a Q factor exceeding 10. © 2010 Optical Society of America.

Optical microbubble resonator

We develop a method for fabricating very small silica microbubbles having a micrometer-order wall thickness and demonstrate the first optical microbubble resonator. Our method is based on blowing a microbubble using stable radiative CO2 laser heating rather than unstable convective heating in a flame or furnace. Microbubbles are created along a microcapillary and are naturally opened to the input and output microfluidic or gas channels. The demonstrated microbubble resonator has 370 µm diameter, 2 µm wall thickness, and a Q factor exceeding 10. © 2010 Optical Society of America.

Characterizing permanent deformation and fracture of asphalt mixtures by using compressive dynamic modulus tests

Permanent deformation and fracture may develop simultaneously when an asphalt mixture is subjected to a compressive load. The objective of this research is to separate viscoplasticity and viscofracture from viscoelasticity so that the permanent deformation and fracture of the asphalt mixtures can be individually and accurately characterized without the influence of viscoelasticity. The undamaged properties of 16 asphalt mixtures that have two binder types, two air void contents, and two aging conditions are first obtained by conducting nondestructive creep tests and nondestructive dynamic modulus tests. Testing results are analyzed by using the linear viscoelastic theory in which the creep compliance and the relaxation modulus are modeled by the Prony model. The dynamic modulus and phase angle of the undamaged asphalt mixtures remained constant with the load cycles. The undamaged asphalt mixtures are then used to perform the destructive dynamic modulus tests in which the dynamic modulus and phase angle of the damaged asphalt mixtures vary with load cycles. This indicates plastic evolution and crack propagation. The growth of cracks is signaled principally by the increase of the phase angle, which occurs only in the tertiary stage. The measured total strain is successfully decomposed into elastic strain, viscoelastic strain, plastic strain, viscoplastic strain, and viscofracture strain by employing the pseudostrain concept and the extended elastic-viscoelastic correspondence principle. The separated viscoplastic strain uses a predictive model to characterize the permanent deformation. The separated viscofracture strain uses a fracture strain model to characterize the fracture of the asphalt mixtures in which the flow number is determined and a crack speed index is proposed. Comparisons of the 16 samples show that aged asphalt mixtures with a low air void content have a better performance, resisting permanent deformation and fracture. © 2012 American Society of Civil Engineers.

When is an image a health claim? A false-recollection method to detect implicit inferences about products' health benefits

Objective: Images on food and dietary supplement packaging might lead people to infer (appropriately or inappropriately) certain health benefits of those products. Research on this issue largely involves direct questions, which could (a) elicit inferences that would not be made unprompted, and (b) fail to capture inferences made implicitly. Using a novel memory-based method, in the present research, we explored whether packaging imagery elicits health inferences without prompting, and the extent to which these inferences are made implicitly. Method: In 3 experiments, participants saw fictional product packages accompanied by written claims. Some packages contained an image that implied a health-related function (e.g., a brain), and some contained no image. Participants studied these packages and claims, and subsequently their memory for seen and unseen claims were tested. Results: When a health image was featured on a package, participants often subsequently recognized health claims that—despite being implied by the image—were not truly presented. In Experiment 2, these recognition errors persisted despite an explicit warning against treating the images as informative. In Experiment 3, these findings were replicated in a large consumer sample from 5 European countries, and with a cued-recall test. Conclusion: These findings confirm that images can act as health claims, by leading people to infer health benefits without prompting. These inferences appear often to be implicit, and could therefore be highly pervasive. The data underscore the importance of regulating imagery on product packaging; memory-based methods represent innovative ways to measure how leading (or misleading) specific images can be. (PsycINFO Database Record (c) 2016 APA, all rights reserved)

High-sensitivity refractive index sensor based on large-angle tilted fiber grating with carbon nanotube deposition

This paper presents a highly sensitive ambient refractive index (RI) sensor based on 81° tilted fiber grating (81°-TFG) structure UV-inscribed in standard telecom fiber (62.5μm cladding radius) with carbon nanotube (CNT) overlay deposition. The sensing mechanism is based on the ability of CNT to induce change in transmitted optical power and the high sensitivity of 81°-TFG to ambient refractive index. The thin CNT film with high refractive index enhances the cladding modes of the TFG, resulting in the significant interaction between the propagating light and the surrounding medium. Consequently, the surrounding RI change will induce not only the resonant wavelength shift but also the power intensity change of the attenuation band in the transmission spectrum. Result shows that the change in transmitted optical power produces a corresponding linear reduction in intensity with increment in RI values. The sample shows high sensitivities of ∼207.38nm/RIU, ∼241.79nm/RIU at RI range 1.344-1.374 and ∼113.09nm/RIU, ∼144.40nm/RIU at RI range 1.374-1.392 (for X-pol and Y-pol respectively). It also shows power intensity sensitivity of ∼ 65.728dBm/RIU and ∼ 45.898 (for X-pol and Y-pol respectively). The low thermal sensitivity property of the 81°-TFG offers reduction in thermal cross-sensitivity and enhances specificity of the sensor.