Parties legally bound to unsigned put and call option

The point at which the parties to a negotiation for the sale of land are legally bound can often be difficult to judge. This is particularly so where the parties have agreed a lawyer is to formalise the agreement between them. When the parties have not agreed all matters relating to the transaction, interesting questions arise as to what terms regulate the relationship. In Moffatt Property Development Group Pty Ltd v Hebron Park Pty Ltd [2009] QCA 60 the Queensland Court of Appeal considered first, whether there was a binding agreement to sell and secondly, how the relationship would be regulated in the absence of express agreement in relation to many of the terms.

Attach the correct warning statement

Practitioners will be aware that s 366 (1) of the Property Agents and Motor Dealers Act 2000 provides that a relevant contract must have attached, as its first or top sheet, a warning statement in the approved form. A failure to attach a warning statement in the prescribed manner triggers a right of termination in the buyer. The factual circumstances in Devine Ltd v Timbs [2004] QSC 24 are indicative of the problems that may arise in the construction of this statutory provision. The application concerned put and call option agreements entered into concerning 4 lots. The agreements, in identical terms, were signed before the applicant seller had completed a proposed residential apartment building. In each case the option agreement provided that the agreement was not binding on the seller until and unless the purchaser returned to the seller, amongst other things, two copies of the warning statement under the Property Agents and Motor Dealers Ac 2000 signed by the purchaser and two copies of the contract document signed by the purchaser. The seller was required to hold the contract documentation in escrow and was forbidden to sign it until and unless either option was exercised.

Inferring Intersection Typings that are Equivalent to Call-by-Name and Call-by-Value Evaluations

We present a procedure to infer a typing for an arbitrary λ-term M in an intersection-type system that translates into exactly the call-by-name (resp., call-by-value) evaluation of M. Our framework is the recently developed System E which augments intersection types with expansion variables. The inferred typing for M is obtained by setting up a unification problem involving both type variables and expansion variables, which we solve with a confluent rewrite system. The inference procedure is compositional in the sense that typings for different program components can be inferred in any order, and without knowledge of the definition of other program components. Using expansion variables lets us achieve a compositional inference procedure easily. Termination of the procedure is generally undecidable. The procedure terminates and returns a typing if the input M is normalizing according to call-by-name (resp., call-by-value). The inferred typing is exact in the sense that the exact call-by-name (resp., call-by-value) behaviour of M can be obtained by a (polynomial) transformation of the typing. The inferred typing is also principal in the sense that any other typing that translates the call-by-name (resp., call-by-value) evaluation of M can be obtained from the inferred typing for M using a substitution-based transformation.

Plastic and marine turtles: a review and call for research

Plastic debris is now ubiquitous in the marine environment affecting a wide range of taxa, from microscopic zooplankton to large vertebrates. Its persistence and dispersal throughout marine ecosystems has meant that sensitivity toward the scale of threat is growing, particularly for species of conservation concern, such as marine turtles. Their use of a variety of habitats, migratory behaviour, and complex life histories leave them subject to a host of anthropogenic stressors, including exposure to marine plastic pollution. Here, we review the evidence for the effects of plastic debris on turtles and their habitats, highlight knowledge gaps, and make recommendations for future research. We found that, of the seven species, all are known to ingest or become entangled in marine debris. Ingestion can cause intestinal blockage and internal injury, dietary dilution, malnutrition, and increased buoyancy which in turn can result in poor health, reduced growth rates and reproductive output, or death. Entanglement in plastic debris (including ghost fishing gear) is known to cause lacerations, increased drag—which reduces the ability to forage effectively or escape threats—and may lead to drowning or death by starvation. In addition, plastic pollution may impact key turtle habitats. In particular, its presence on nesting beaches may alter nest properties by affecting temperature and sediment permeability. This could influence hatchling sex ratios and reproductive success, resulting in population level implications. Additionally, beach litter may entangle nesting females or emerging hatchlings. Lastly, as an omnipresent and widespread pollutant, plastic debris may cause wider ecosystem effects which result in loss of productivity and implications for trophic interactions. By compiling and presenting this evidence, we demonstrate that urgent action is required to better understand this issue and its effects on marine turtles, so that appropriate and effective mitigation policies can be developed.

Endocrine disrupters and human health: Could oestrogenic chemicals in body care cosmetics adversely affect breast cancer incidence in women? A review of evidence and call for further research

In the decade that has elapsed since the suggestion that exposure of the foetal/developing male to environmental oestrogens could be the cause of subsequent reproductive and developmental effects in men, there has been little definitive research to provide conclusions to the hypothesis. Issues of exposure and low potency of environmental oestrogens may have reduced concerns. However, the hypothesis that chemicals applied in body care cosmetics (including moisturizers, creams, sprays or lotions applied to axilla or chest or breast areas) may be affecting breast cancer incidence in women presents a different case scenario, not least in the consideration of the exposure issues. The specific cosmetic type is not relevant but the chemical ingredients in the formulations and the application to the skin is important. The most common group of body care cosmetic formulation excipients, namely p-hydroxybenzoic acid esters or parabens, have been shown recently to be oestrogenic in vitro and in vivo and now have been detected in human breast tumour tissue, indicating absorption (route and causal associations have yet to be confirmed). The hypothesis for a link between oestrogenic ingredients in underarm and body care cosmetics and breast cancer is forwarded and reviewed here in terms of. data on exposure to body care cosmetics and parabens, including dermal absorption; paraben oestrogenicity; the role of oestrogen in breast cancer; detection of parabens in breast tumours; recent epidemiology studies of underarm cosmetics use and breast cancer; the toxicology database; the current regulatory status of parabens and regulatory toxicology data uncertainties. Notwithstanding the major public health issue of the causes of the rising incidence of breast cancer in women, this call for further research may provide the first evidence that environmental factors may be adversely affecting human health by endocrine disruption, because exposure to oestrogenic chemicals through application of body care products (unlike diffuse environmental chemical exposures) should be amenable to evaluation, quantification and control. The exposure issues are clear and the exposed population is large, and these factors should provide the necessary impetus to investigate this potential issue of public health. Copyright (C) 2004 John Wiley Sons, Ltd.

The use of ground rules in investigative interviews with children : a synthesis and call for research

Guidelines for conducting investigative interviews with children often include instructions that explain the conversational rules of the interview. Despite the widespread and international use of such instructions (also referred to as "ground rules"), the body of research characterizing children's understanding of these rules and documenting the impact of instruction on memory reports is relatively small. We review the use of ground rules in investigative interviews, the developmental differences that likely underlie children's ability to make sense of these rules, and research pertaining to the effects of the ground rules commonly included in interview guidelines on the reports of 3- to 13-year-old children. We then present a study space analysis concerning the five ground rules reviewed: (a) a statement about interviewer naïveté regarding the target events, (b) instructions to tell the interviewer when a mistake has been made, (c) cautions that some questions may be repeated, and instructions to say (d) "I don't understand" and (e) "I don't know." The results demonstrate obvious gaps in this body of literature, with only the "I don't know" ground rule having received significant attention. In addition to exploring how individual rules impact interview performance, we encourage more process-oriented studies that relate developmental differences in ground rules benefits to the cognitive processes that underlie rule understanding and implementation. Optimally, this research should identify the most suitable format and placement of instruction in interviews and broaden to more often include field studies of child witnesses.

Letter of the secretary of war, submitting an itemized statement of personal property which was purchased or procured and intrusted to any officer, civil or military, in Cuba during the period from January 1, 1899, to April 30, 1900, the cost and value of the same, and the uses to which said property has been put, and the disposition which has been made thereof ... January 21, 1901 [-April 10, 1901]

With vol. 1 is bound its ... Letter from the secretary of war, presenting a further itemization of expenditures made by Mr. Gonzales de Quesada. 1901.

Veterinary science technology, with meat inspection and regulatory option, a suggested two-year post-high school curriculum.

Basic materials were prepared by Walter E. Collins, D.V.M., project director, SUNY Agricultural and Technical College at Delhi, pursuant to a contract with the U. S. Office of Education.

Genetic population structure and call variation in a passerine bird, the satin bowerbird, Ptilonorhynchus violaceus

Geographic variation in vocalizations is widespread in passerine birds, but its origins and maintenance remain unclear. One hypothesis to explain this variation is that it is associated with geographic isolation among populations and therefore should follow a vicariant pattern similar to that typically found in neutral genetic markers. Alternatively, if environmental selection strongly influences vocalizations, then genetic divergence and vocal divergence may be disassociated. This study compared genetic divergence derived from 11 microsatellite markers with a metric of phenotypic divergence derived from male bower advertisement calls. Data were obtained from 16 populations throughout the entire distribution of the satin bowerbird, an Australian wet-forest-restricted passerine. There was no relationship between call divergence and genetic divergence, similar to most other studies on birds with learned vocalizations. Genetic divergence followed a vicariant model of evolution, with the differentiation of isolated populations and isolation-by-distance among continuous populations. Previous work on Ptilonorhynchus violaceus has shown that advertisement call structure is strongly influenced by the acoustic environment of different habitats. Divergence in vocalizations among genetically related populations in different habitats indicates that satin bowerbirds match their vocalizations to the environment in which they live, despite the homogenizing influence of gene flow. In combination with convergence of vocalizations among genetically divergent populations occurring in the same habitat, this shows the overriding importance that habitat-related selection can have on the establishment and maintenance of variation in vocalizations.