This could make an attempt on the seller's part to exclude any liability for a misdescription
of the artwork unfair.
and materiality in trademark law.
Foster J accepted that the production of these documents constituted prima facie evidence that the awards were purportedly made pursuant to the arbitration clause in the charter party and that Beach Civil (notwithstanding the misdescription
in the charter party) was the charterer under the charter party.
1988) (focusing on whether the misdescription
is likely to affect the decision to purchase); see also In re Spirits Int'l, N.
In so arguing Kripke (following Donnellan) assumed a view of the referential use which involved the possibility of misdescription
purchasers likely to believe that the misdescription
In Campbell, the claimant had publicly denied ever taking drugs and thus the Law Lords unanimously agreed that the press had the right to correct this misdescription
Caveat emptor, and I imagine no leeway was given for misdescription
The topics include main causes and consequences of the decline of diadromous fish in western European inland waters, the final report on the economic valuation of water hyacinth as an environmental problem on Uganda's fresh-water resources and its effects on key economic activities, the artisanal fleet of Andalusia in Spain as a case study of occupational safety policies in the small-scale fishing sector, the effects of thermal processing on the quality of canned fish, a preliminary study of elasmobranch by-catch in pelagic pair trawl in the Adriatic, complex system tools for a complex ecosystem, and the development of monoclonal antibodies to combat fish misdescription
144) The accounting misdescription
does not seem to have prevented them from creating the software or being quite successful on the stock market.
Most practitioners also prefer agreements for a forbearance or reservation of rights rather than "temporary waiver" agreements because of the perceived increased risk of estoppel in temporary waivers and the danger of potential misuse or misdescription
of temporary waivers by borrowers to their other creditors or equity holders.
An amusing example is Soul's misdescription
of the Manhattan taxi-cab scene.