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National surveys show that over 56% of adults in England gamble annually, and of those surveyed, 0.5% were problem gamblers, equating to 300,000 problem gamblers at any point. The prevalence of problem gambling in patients with a substance misuse disorder ranges from 20.5% to 55%.
The audit aims to improve the care of patients with comorbid substance misuse and gambling disorder by assessing the extent to which the service currently enquires about and records problem gambling in its patient cohort.
It is hypothesised that as no formal recording process is in place locally, this information will not be recorded systematically and in a way that is easily retrievable by the service.
The audit will allow the service to assess whether changes need to be made to the initial assessment pathways into treatment for substance-related disorders to adequately record this information so that further assessment and onward referral can take place.
All active patients (n = 2824) within the service had both their electronic initial assessments and their entire electronic notes screened for terms such as ‘betting’ and ‘gambling’ and this was recorded using an Excel spreadsheet. Prevalence rates across the teams (opiates, non-opiates and alcohol) were then calculated.
The results showed that 0% of patients had any entries in their initial screening noting any gambling activity. Further scrutiny of the records revealed that only 3.5% (n-99) had ever discussed gambling with a worker in any of the services.
The majority (n = 52) of patients who had discussed gambling only had one positive search result, suggesting this was not followed-up in a systematic fashion. Recommendations are to revise the common assessment pro-forma to include a validated brief screening tool (lie/bet), where one positive answer triggers a further assessment with an appropriate clinician for consideration of referral to the local NHS gambling service.
This paper presents the results of the work of the new field initiative launched by the British Museum at the Darband-i Rania pass in the Kurdistan Region of Iraq. The pass is located at the northeastern corner of Lake Dokan, where, though now subsumed into the lake, the Lower Zab flows from the Peshdar into the Rania Plain. It is a strategic location on a major route from Mesopotamia into Iran, and control of both the road and the river must always have been important. The aim of the work, which commenced in autumn of 2016, is to explore a cluster of sites that commanded the pass, with a particular focus on the first millennium b.c. Excavation is being carried out principally at two sites: Qalatga Darband, a large fortified site at the western end of the pass, and Usu Aska, a fort inside the pass itself. The occupations of these two sites are predominantly Parthian and Assyrian respectively. Smaller operations have also been carried out at Murad Rasu, a multi-period site situated on a headland across the waters on the southern shore of Lake Dokan. The results have included the discovery at Qalatga Darband of a monumental complex built of stone and roofed with terracotta roof tiles containing the smashed remains of Hellenistic statuary. Other features indicative of Hellenistic material culture are Mediterranean-type oil-presses and Corinthian column bases and capitals. At Usu Aska remains are being uncovered of an Assyrian fortification of massive proportions.
The aim of this book is to explore precontractual liability for breaking off negotiations and to discover its theoretical basis, offering an analysis which is detached from problematic notions, such as good faith and abuse of rights (which have traditionally been claimed as bases of this liability), and finding its basis, instead, in the notion of ’ reliance ’. The objective is to contribute to the comparative analysis of this area of liability, removing the hurdles that obstruct the view of the core notion that is operating at its heart. Thus, it will be argued that by shifting the analysis to the notion of reliance, jurisdictions that are currently reticent in acknowledging this liability could embrace and implement it.
The scope of this book is limited in several aspects. First, the focus is on finding the doctrinal basis of precontractual liability for breaking off negotiations. Thus, remedies are only dealt with briefly in order to show that they correspond to the reliance basis.
Secondly, the analysis is limited to the ’ selected jurisdictions ‘ : Germany, France and Chile. Germany and France have been selected because they are, respectively, the leading European jurisdictions of the Germanic and Franco-Roman legal families of the civil law system, and because both have contributed crucially to the development of the doctrine of precontractual liability. Chile has been selected because it is a leading jurisdiction in Latin America which has had a particularly interesting reception process of this doctrine, taking elements both from the German and the French developments. Additionally, by selecting Chile, precontractual liability is taken out of its typically European dimension and placed in a more global context, in order to demonstrate the relevance of the topic. English law is analysed as a ‘contrasting jurisdiction’ in that, as opposed to the selected jurisdictions, it does not provide a remedy in what will be called the ‘paradigm case’. Harmonisation instruments are only analysed in relation to the reliance-based remedies that they provide.
Bedding-parallel fibrous calcite veins in black shales (Cretaceous, southern UK) were investigated using a combined field, stable isotopic geochemistry, petrographic and crystallographic method to examine their formation mechanism. Calcite veins occur in all shale beds and are most abundant in the bituminous shales of the Chief Beef Beds. The calcite fibres in these veins exhibit either an antitaxial fibre growth with curvy stylolites as the median zone, or a predominantly syntaxial, upwards growth. The calcite veins range from –0.49 to 1.78‰ of δ13C values, and –6.53 to –0.03‰ of δ18O values, which are both similar to those of their host shales. Our petrographic observations demonstrate that subhorizontal and interconnecting microstylolite networks commonly occur within the calcite veins. Equant calcite grains in the median zones exhibit indenting, truncating and also interpenetrating grain contacts. It is interpreted that the fibrous calcite veins were sourced by neomorphic calcite from their host shales, with evidence from the δ13C signatures, pressure-solution features (stylolites, microstylolites and grain contact styles) and embedded fossil ghosts within the veins. The diagenetic fluids, from which calcite was precipitated, were a mixing of the original seawaters and 18O-depleted meteoric waters. Development of bedding-parallel calcite veins is considered to have been enhanced by pressure solution as a positive feedback mechanism, which was facilitated by the overburden pressure as the maximum principal stress. Calcite fibres, with a predominant subvertical c-axis orientation, exhibit a displacive growth in porous shales and a replacive growth at vein-limestone contacts. This study highlights the critical role of pressure solution in the formation of bedding-parallel calcite veins during burial and diagenesis of immature black shales.
The spatial arrangement of gypsum veins as preserved natural hydraulic fractures have been characterized in the Triassic Keuper Marl Formation (UK), a caprock for hydrocarbon reservoirs and CO2 sequestration. The marls cropping out are subdivided into five discrete fracture units based on the presence and abundance of gypsum veins. The nodular gypsum in evaporite horizons provides excess gypsum for nodule-rooted horizontal gypsum veins. Our petrographic observations demonstrate that the development of gypsum veins in beds lacking macroscopic evaporites is closely associated with disseminated gypsum cement in the marls. We interpret that the gypsum veins in marl are sourced from disseminated gypsum cements in the host rocks, based on stratigraphic correlations, and much lower Sr concentrations than gypsum nodules. Gypsum was transported to adjacent veins mainly through diffusion in the low-permeability marls. The localization of gypsum veins and varied Sr concentrations of veins and nodules indicate that the diagenetic fluids are a mix of connate water with meteoric water rather than brines transported from evaporite beds along faults to non-evaporite beds. This results in the absence of gypsum fillings in fractures in rocks without primary gypsum cements. The study implies that the cementation of natural fractures in low-permeability rocks can highly depend on the presence of cement minerals in the host rock.
A long-debated aspect of cone-in-cone structures is whether the mineral aggregates composing the structure precipitated with their conical form (primary cone-in-cone), or whether the cones formed after precipitation (secondary cone-in-cone). A calcite deposit from the Cretaceous of Jordan bears all the defining characteristics of the structure. Trace dolomite within the sample supports the primary cone-in-cone hypothesis. The host sediment is a biosiliceous mudstone containing abundant rhombohedral dolomite grains. Dolomite rhombohedra are also distributed throughout the calcite of the cone-in-cone. The rhombohedra within the calcite locally have dolomite overgrowths that are aligned with calcite fibres. Evidence that dolomite co-precipitated with calcite, and did not replace calcite, includes (i) preferential downward extension of dolomite overgrowths, in the presumed growth-direction of the cone-in-cone, from the dolomite grains on which they nucleate, and (ii) planar, vertical borders between dolomite crystals and calcite fibres. Because dolomite overgrows host-sediment rhombohedra and forms part of the cones, it follows that the host-sediment was incorporated into the growing cone-in-cone as the calcite precipitated, and not afterward. The host-sediment was not injected into the cone-in-cone along fractures, as the secondary-origin theory suggests. This finding implies that cone-in-cone in general does not form over multiple stages, and thus has greater potential to preserve the chemical signature of its original precipitation.
At the moment of birth, the gastrointestinal tract is gasless. The newborn infant will swallow air virtually from the first breath. The progressive aeration of the gut is, however, surprisingly rapid. Radiographs reveal gas in the stomach within a minute of birth, the proximal small bowel within an hour, the distal small bowel and cecum by about 6 hours, and the distal large bowel by 12–24 hours [1–4]. It is this gas, and knowledge of its normal appearance, that acts as a useful contrast medium, allowing the clinician to detect pathology. Only occasionally is barium or similar contrast medium needed to characterize the gastrointestinal tract.
Where gastrointestinal disease is suspected in the newborn, a plain supine anteroposterior radiograph is normally the preferred initial imaging investigation. This provides the clinician with a lot of useful information in most circumstances. In many situations, the astute clinician will obtain enough information from this film so that further views are unnecessary.
Other views may occasionally be requested where the plain supine film provides inadequate information. The commonest, and probably most useful, of these other views is the lateral decubitus. This is usually requested where pneumoperitoneum is suspected but cannot be clearly seen on the plain supine film, but it can also reveal fluid levels within the bowel. The lateral decubitus film should be taken with the patient lying on the left side (a left lateral decubitus) so that the liver is uppermost.
A, the country's leading department store, is negotiating with B for B to build a new shopping centre in which A is to rent substantial premises for a new flagship store. During the negotiations, before the contract for A's lease is concluded, B begins the building of the shopping centre, including elements of design and construction which follow the indications which A has given of the layout it will wish to have. A knows that B has begun the building works. When the building work is far advanced, A breaks off negotiations because it has then done a survey of the likely client base, and has decided that a store in that location would not, in fact, be sufficiently profitable. B is left with a shopping centre which he would not have built without a tenant such as A to form the focus for the centre; and he now has a building which is so constructed and organised that he cannot find any alternative department store as the tenant. What liability (in contract, tort, restitution, or any other form of liability), if any, does A have to B?
As mentioned in discussing earlier cases, the freedom to negotiate is a cornerstone of contract law, including the freedom to break off negotiations; but it may collide with the mutual reliance on the honesty of the negotiating parties.
After negotiations, A and B reach agreement on the sale of A's house to B, but do not comply with the formality requirements necessary within their legal system to make the contract valid. B does not know of the formality requirements. Soon afterwards, A tells B that, because of the lack of formality, he (A) is not bound. B has already incurred expenses in coming to the agreement (such as estate agents' fees and travel expenses). B complains that this was the house of his dreams, and he will now only be able to find a less satisfactory property, given the properties available in the market. What liability (in contract, tort, restitution, or any other form of liability), if any, does A have to B? Does it make a difference if:
A knew of the formality requirements?
A is a professional?
B raised the question of the formality requirements at the time the agreement was concluded, but A misled him about it?
It is not entirely certain whether these facts would constitute a case of precontractual liability.
Under Austrian law a party is expected to know the law. §2 ABGB states that ‘[a]s soon as a law has been properly published, no one may be excused on the ground that he had no knowledge of it’.
In 1997 A and B became engaged to be married. The wedding was planned for June 2000. At the beginning of the engagement B gave A a diamond engagement ring which cost him €750. In April 2000, B paid a (non-returnable) deposit of €1,500 to the caterers who were to prepare the food for the wedding reception; and in May he made a (non-returnable) advance payment of rent (amounting to €2,000) on a flat which he and A were to rent as their first home together after their marriage. The day before the wedding was due to take place, A told B that she no longer wished to marry him. What liability (in contract, tort, restitution, or any other form of liability), if any, does A have to B?
The ABGB includes two provisions on engagements and the consequences of the unjustified breaking-off of negotiations. For some authors the engagement is a form of precontractual obligation, but the majority opinion is that the ‘betrothal’ is a preliminary contract to a marriage with certain characteristic features, such as its lack of enforceability.
§1247 ABGB states in its second sentence that, ‘if one betrothed party promises or makes a present to the other party, in view of the future marriage, such donation can be revoked if, without any fault on the part of the donor, the marriage does not take place’.
A and B, both major firms of accountants, negotiate with a view to the merger of their firms. A breaks off the negotiations.
There are three separate situations to consider:
A breaks off the negotiations after three years of very intense negotiations in which both parties have incurred considerable expenses, but where the parties recognise that they have not yet reached agreement on all major points and A has not made any statement to B that it is convinced that they will reach final agreement.
A breaks off the negotiations quite soon after their beginning, but after the parties have reached agreement on all major points, and only a few minor points remain to be settled. A has not made any statement to B that it is convinced that they will reach final agreement. B has already incurred legal expenses.
A breaks off the negotiations when the parties have not yet reached agreement on all major points but A has more than once made statements to B that it is convinced that they will reach final agreement. B has already incurred legal expenses.
What liability (in contract, tort, restitution, or any other form of liability), if any, does A have to B in each of these situations if A gives no reason for breaking off the negotiations? Would it make a difference if it (honestly) gives as the reason for breaking off the negotiations:
it has received a better offer from C for a merger of A's firm with C's firm;
The present volume forms part of a project that started in Trento in 1993 and has produced, so far, ten similar volumes. The aim of the Common Core Project has been defined, and refined, by the general editors of the project, Mauro Bussani and Ugo Mattei, on several occasions. The main aim is legal cartography, that is, to draw a reliable map of private law in Europe:
the Common Core Project is seeking to unearth the common core of the bulk of European Private Law … The search is for what is different and what is already common behind the various private laws of European Union Member States … Such a common core is to be revealed in order to obtain at least the main lines of one reliable geographical map of the law of Europe.
The research project is meant to be neutral, without any specific agenda for or against further Europeanisation of private law, whether or not through codification. As Bussani and Mattei put it, ‘We are not drafting a city plan for something that will develop in the future and that we wish to affect. This project seeks only to analyze the present complex situation in a reliable way.’ This also means that the legal systems of the Member States are treated on an equal basis; no relations between legal systems, hierarchical or in terms of ‘legal families’, are assumed.
The precontractual phase is difficult to characterise and analyse, in both legal and practical terms.
The negotiating parties have entered into a relationship by virtue simply of their negotiations. So they have begun their journey together. But they are not yet in the relationship – the contract – which is their aim. And they may never reach it. The negotiations may fail; and a failure may come sooner or later. It may become clear very quickly to them both that they will never reach the agreement necessary to conclude the contract. But, equally, it may be only after a lengthy exploration of their respective positions as regards the likely terms of a contract, and perhaps only after further information becomes available from third party sources, or the facts surrounding their negotiations change, that one of them decides that the contract is hopeless; or that a better deal is to be done elsewhere with another party. By then, either party may well have incurred significant expenses, as well as having invested time and effort, towards the hoped-for contract. The break-off of the negotiations may seem inevitable to the parties as they together realise that the contract will never be concluded; or it may come as a shock to one party that the other calls off the negotiations when they were so far advanced, or at least where there was nothing to suggest that they were not likely to lead to their fruition in the contract.