Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to ...
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The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This book attempts to provide practical legal research to both explore the ingredients of all these torts — both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood, and passing off) — and their rationales. In addition, an optimum framework for these torts is suggested. However, that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. These decisions and the conflict of policy that appears to lie behind them reveal different agendas for the future development of the general economic torts. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. The thesis of this book remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.Less
The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This book attempts to provide practical legal research to both explore the ingredients of all these torts — both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood, and passing off) — and their rationales. In addition, an optimum framework for these torts is suggested. However, that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. These decisions and the conflict of policy that appears to lie behind them reveal different agendas for the future development of the general economic torts. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. The thesis of this book remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
Jonardon Ganeri
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199202416
- eISBN:
- 9780191708558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199202416.003.0004
- Subject:
- Philosophy, Metaphysics/Epistemology
This chapter examines the discussion of truth-telling, sincerity, and deceit in the Mahābhārata. It explores classical Indian thinking about the value of truth, and the circumstances under which it ...
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This chapter examines the discussion of truth-telling, sincerity, and deceit in the Mahābhārata. It explores classical Indian thinking about the value of truth, and the circumstances under which it is morally permissible to tell a lie.Less
This chapter examines the discussion of truth-telling, sincerity, and deceit in the Mahābhārata. It explores classical Indian thinking about the value of truth, and the circumstances under which it is morally permissible to tell a lie.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0012
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for ...
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This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.Less
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic ...
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This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic torts of inducing breach of contract, the unlawful means tort, intimidation, lawful means conspiracy, unlawful means conspiracy and the misrepresentation economic torts of deceit, malicious falsehood, and passing off. The tort of negligence is also discussed as in exceptional circumstances it may perform the function of an economic tort but it is noted that its rationale is different from the economic torts. Unlike negligence, which looks to dependency, the economic torts look to unlawful acts and offer the common law rules of the economic game. The policy issue for all these torts is whether the courts, in the absence of an action for unfair competition, should adopt an interventionist or abstentionist policy in relation to imposing liability.Less
This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic torts of inducing breach of contract, the unlawful means tort, intimidation, lawful means conspiracy, unlawful means conspiracy and the misrepresentation economic torts of deceit, malicious falsehood, and passing off. The tort of negligence is also discussed as in exceptional circumstances it may perform the function of an economic tort but it is noted that its rationale is different from the economic torts. Unlike negligence, which looks to dependency, the economic torts look to unlawful acts and offer the common law rules of the economic game. The policy issue for all these torts is whether the courts, in the absence of an action for unfair competition, should adopt an interventionist or abstentionist policy in relation to imposing liability.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0009
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the history and ingredients of this tort. The limited application of the tort of deceit to any allegation centred on unfair competition is assessed (given it is a two-party ...
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This chapter explores the history and ingredients of this tort. The limited application of the tort of deceit to any allegation centred on unfair competition is assessed (given it is a two-party tort) as is the fact that it is largely overshadowed by liability for negligent misstatement. However, despite this classic view of the tort, the chapter also explores how liability related to the tort may have a role to play in a three-party scenario. So lies told to third parties may constitute the unlawful means in the unlawful means tort and ‘fraud’ may be the focus of liability in two actions related to the tort of deceit: the action for bribery of an agent and the action for dishonest assistance.Less
This chapter explores the history and ingredients of this tort. The limited application of the tort of deceit to any allegation centred on unfair competition is assessed (given it is a two-party tort) as is the fact that it is largely overshadowed by liability for negligent misstatement. However, despite this classic view of the tort, the chapter also explores how liability related to the tort may have a role to play in a three-party scenario. So lies told to third parties may constitute the unlawful means in the unlawful means tort and ‘fraud’ may be the focus of liability in two actions related to the tort of deceit: the action for bribery of an agent and the action for dishonest assistance.
John Baker
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199206551
- eISBN:
- 9780191705397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206551.003.0030
- Subject:
- Law, Human Rights and Immigration, Philosophy of Law
This chapter discusses how the action on the case for deceit developed at a time when lawyers operated in a world where the categories of contract and tort were as yet unknown. In particular, under ...
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This chapter discusses how the action on the case for deceit developed at a time when lawyers operated in a world where the categories of contract and tort were as yet unknown. In particular, under reference to the proceedings in Lopus v Chandeler, it shows how at the beginning of the 17th century, some of the judges were prepared to contemplate the possibility of giving a remedy for false misrepresentation, in the absence of a firm warranty — a step which was not actually taken until 1789.Less
This chapter discusses how the action on the case for deceit developed at a time when lawyers operated in a world where the categories of contract and tort were as yet unknown. In particular, under reference to the proceedings in Lopus v Chandeler, it shows how at the beginning of the 17th century, some of the judges were prepared to contemplate the possibility of giving a remedy for false misrepresentation, in the absence of a firm warranty — a step which was not actually taken until 1789.
Graham Rees and Maria Wakely
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199576319
- eISBN:
- 9780191722233
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576319.001.0001
- Subject:
- Literature, 17th-century and Restoration Literature, 16th-century and Renaissance Literature
Based on hitherto unexplored and unpublished legal and business records, this study presents the fullest account so far published of any London printing firm in the reign of James I. In particular it ...
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Based on hitherto unexplored and unpublished legal and business records, this study presents the fullest account so far published of any London printing firm in the reign of James I. In particular it examines the businesses of men associated with that crucial instrument of cultural production: the King's Printing House. This institution stood four-square at the top of the London printing and publishing trade, for it monopolized the right to print the Bible, the Book of Common Prayer, and other indispensable works promoted or encouraged by the king. The office of King's Printer, initially owned by Robert Barker, was potentially very lucrative, and so attracted the predatory attentions of the prosperous book-trade partnership of John and Bonham Norton, and John Bill. The stage was set for bitter rivalry between Barker and his opponents — rivalry which involved sharp practice, deceit, bullying, and downright thuggery — with lawsuits to match. Barker was no fool, yet he was up against very able, resourceful individuals who understood better than Barker that they were in business to promote the king's politico-cultural programme, and extend his influence at home and abroad. That is exactly what John Norton and John Bill did to such good effect; and with his unique experience of the domestic and continental book trade, Bill eventually became the greatest London book trader, printer, publisher, disseminator of ideas, and cultural entrepreneur of his generation.Less
Based on hitherto unexplored and unpublished legal and business records, this study presents the fullest account so far published of any London printing firm in the reign of James I. In particular it examines the businesses of men associated with that crucial instrument of cultural production: the King's Printing House. This institution stood four-square at the top of the London printing and publishing trade, for it monopolized the right to print the Bible, the Book of Common Prayer, and other indispensable works promoted or encouraged by the king. The office of King's Printer, initially owned by Robert Barker, was potentially very lucrative, and so attracted the predatory attentions of the prosperous book-trade partnership of John and Bonham Norton, and John Bill. The stage was set for bitter rivalry between Barker and his opponents — rivalry which involved sharp practice, deceit, bullying, and downright thuggery — with lawsuits to match. Barker was no fool, yet he was up against very able, resourceful individuals who understood better than Barker that they were in business to promote the king's politico-cultural programme, and extend his influence at home and abroad. That is exactly what John Norton and John Bill did to such good effect; and with his unique experience of the domestic and continental book trade, Bill eventually became the greatest London book trader, printer, publisher, disseminator of ideas, and cultural entrepreneur of his generation.
Elton T.E. Barker
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199542710
- eISBN:
- 9780191715365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199542710.003.0004
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter examines representations of debate in the Odyssey, with the suggestion that its less prominent role has implications for the standard view of this poem as playfully dialogic. Reduced to ...
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This chapter examines representations of debate in the Odyssey, with the suggestion that its less prominent role has implications for the standard view of this poem as playfully dialogic. Reduced to only two events, debate comes across not only as marginal to its narrative dynamics but also as socially divisive: these two Ithacan assembly scenes split down partisan lines, with neither group, those with Odysseus and those against him (the suitors), interested in the institution. Indeed, while the suitors' language frequently evokes an Iliadic world of strife and open contest, the Odyssey shows much more interest in deceit than in debate. The clearest example of the suppression of dissenting voices finds its substantiation in Odysseus' own narration of events; but the divine meeting between Zeus and Athena that frames the epic in books 1 and 24 equally reveals, and revels in, the narrative's control over events and their interpretation.Less
This chapter examines representations of debate in the Odyssey, with the suggestion that its less prominent role has implications for the standard view of this poem as playfully dialogic. Reduced to only two events, debate comes across not only as marginal to its narrative dynamics but also as socially divisive: these two Ithacan assembly scenes split down partisan lines, with neither group, those with Odysseus and those against him (the suitors), interested in the institution. Indeed, while the suitors' language frequently evokes an Iliadic world of strife and open contest, the Odyssey shows much more interest in deceit than in debate. The clearest example of the suppression of dissenting voices finds its substantiation in Odysseus' own narration of events; but the divine meeting between Zeus and Athena that frames the epic in books 1 and 24 equally reveals, and revels in, the narrative's control over events and their interpretation.
William Ian Miller
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780195327939
- eISBN:
- 9780199852444
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195327939.003.0004
- Subject:
- Philosophy, Moral Philosophy
This chapter offers “a genealogy on deceit in war and trade”. It starts with deceit in Ovid and the Old Testament and works its way all the way up to the present day, considering the deceptions of ...
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This chapter offers “a genealogy on deceit in war and trade”. It starts with deceit in Ovid and the Old Testament and works its way all the way up to the present day, considering the deceptions of such famous tricksters as Odysseus, David, the Vikings, Machiavelli, William the Conqueror, even Montaigne. It then considers the practices of some famous deceivers in contemporary business culture, such as Bernie Ebbers, Dennis Koslowski, and Kenneth Lay.Less
This chapter offers “a genealogy on deceit in war and trade”. It starts with deceit in Ovid and the Old Testament and works its way all the way up to the present day, considering the deceptions of such famous tricksters as Odysseus, David, the Vikings, Machiavelli, William the Conqueror, even Montaigne. It then considers the practices of some famous deceivers in contemporary business culture, such as Bernie Ebbers, Dennis Koslowski, and Kenneth Lay.
Edwin Simpson and Miranda Stewart (eds)
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199685349
- eISBN:
- 9780191770531
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199685349.001.0001
- Subject:
- Law, Company and Commercial Law, Philosophy of Law
The doctrine of sham is one that pervades the common law. This book provides a cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied ...
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The doctrine of sham is one that pervades the common law. This book provides a cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. The book has a broad appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law, and tax. Each chapter considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation.Less
The doctrine of sham is one that pervades the common law. This book provides a cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. The book has a broad appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law, and tax. Each chapter considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation.
L. JONATHAN COHEN
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780198236047
- eISBN:
- 9780191679179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198236047.003.0005
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Science
While there may be instances wherein we are tempted to say that some people deliberately deceive themselves, self-deceit is a concept that is evidently paradoxical. Although previous proposals for ...
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While there may be instances wherein we are tempted to say that some people deliberately deceive themselves, self-deceit is a concept that is evidently paradoxical. Although previous proposals for resolving such may provide insufficient explanations, we may take on a different perspective that entails how self-deceit entails a suppressed thought persists despite how a person persuades himself into accepting a different belief. As such, there are also suggestions of how to resolve the Socratic paradox regarding self-control that may be just as unsatisfactory as in the former case. This chapter attempts to point out the consistencies attributed to how a particular agent's belief that he should not be conducting a certain act to how he accepts that he is actually pursuing this act.Less
While there may be instances wherein we are tempted to say that some people deliberately deceive themselves, self-deceit is a concept that is evidently paradoxical. Although previous proposals for resolving such may provide insufficient explanations, we may take on a different perspective that entails how self-deceit entails a suppressed thought persists despite how a person persuades himself into accepting a different belief. As such, there are also suggestions of how to resolve the Socratic paradox regarding self-control that may be just as unsatisfactory as in the former case. This chapter attempts to point out the consistencies attributed to how a particular agent's belief that he should not be conducting a certain act to how he accepts that he is actually pursuing this act.
Graham Virgo
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199298501
- eISBN:
- 9780191713613
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298501.003.0016
- Subject:
- Law, Law of Obligations
Where the claimant is the victim of a tort, exemplary damages may be awarded to punish the defendant for cynically committing a tort. Other remedies are available which are purely restitutionary in ...
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Where the claimant is the victim of a tort, exemplary damages may be awarded to punish the defendant for cynically committing a tort. Other remedies are available which are purely restitutionary in effect, notably restitutionary damages and money had and received. The most important question relating to the award of restitutionary remedies for torts is whether they are available regardless of the tort which is committed or whether they are only available in respect of certain torts. If the latter is the case, it is then necessary to identify the criteria which are used to identify those torts for which restitutionary relief is available. This chapter focuses on the so-called doctrine of ‘waiver of tort’ which has been particularly influential in the development of the law in this area. Torts for which restitutionary remedies are available include trespass to land, trespass to goods, conversion, interference with intellectual property rights, nuisance, deceit, and invasion of privacy.Less
Where the claimant is the victim of a tort, exemplary damages may be awarded to punish the defendant for cynically committing a tort. Other remedies are available which are purely restitutionary in effect, notably restitutionary damages and money had and received. The most important question relating to the award of restitutionary remedies for torts is whether they are available regardless of the tort which is committed or whether they are only available in respect of certain torts. If the latter is the case, it is then necessary to identify the criteria which are used to identify those torts for which restitutionary relief is available. This chapter focuses on the so-called doctrine of ‘waiver of tort’ which has been particularly influential in the development of the law in this area. Torts for which restitutionary remedies are available include trespass to land, trespass to goods, conversion, interference with intellectual property rights, nuisance, deceit, and invasion of privacy.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0014
- Subject:
- Law, Philosophy of Law, Employment Law
The concept of fraud is ubiquitous in white-collar criminal law, reflecting a protean and proliferating range of meanings. Not only are the fraud offenses among the most frequently charged, but they ...
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The concept of fraud is ubiquitous in white-collar criminal law, reflecting a protean and proliferating range of meanings. Not only are the fraud offenses among the most frequently charged, but they are also among the most widely and variously codified. This chapter offers a brief survey of the range of moral concepts that have been associated with fraud. It then focuses on the most central of these concepts — namely, deception — and, in particular, shows how the relatively flexible conception of deceit that helps to define fraud differs from the rigid concept of lying shown in the discussion of perjury in the previous chapter.Less
The concept of fraud is ubiquitous in white-collar criminal law, reflecting a protean and proliferating range of meanings. Not only are the fraud offenses among the most frequently charged, but they are also among the most widely and variously codified. This chapter offers a brief survey of the range of moral concepts that have been associated with fraud. It then focuses on the most central of these concepts — namely, deception — and, in particular, shows how the relatively flexible conception of deceit that helps to define fraud differs from the rigid concept of lying shown in the discussion of perjury in the previous chapter.
Philip Kitcher and Richard Schacht
- Published in print:
- 2005
- Published Online:
- October 2011
- ISBN:
- 9780195183603
- eISBN:
- 9780199850457
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195183603.003.0008
- Subject:
- Music, Opera
Wotan’s internal conflicts were believed to have originated when he made a decision to build Valhalla—an arrangement that he did not intend to push through with. In Wotan’s explanation to Brünnhilde, ...
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Wotan’s internal conflicts were believed to have originated when he made a decision to build Valhalla—an arrangement that he did not intend to push through with. In Wotan’s explanation to Brünnhilde, however, he refers his earlier misdeeds to how he was driven by impulsive desires in achieving power. Wotan admitted that at some point he resorted to becoming one who was deceitful since he willingly took advantage of those whom he was conversing with. Wotan’s law and order system was instituted in a manner that differed greatly with how his character and spirit were portrayed. This chapter illustrates how the First Norn mentions the branch-turned-spear, and how this incident seems similar to how the gold was molded into the Ring.Less
Wotan’s internal conflicts were believed to have originated when he made a decision to build Valhalla—an arrangement that he did not intend to push through with. In Wotan’s explanation to Brünnhilde, however, he refers his earlier misdeeds to how he was driven by impulsive desires in achieving power. Wotan admitted that at some point he resorted to becoming one who was deceitful since he willingly took advantage of those whom he was conversing with. Wotan’s law and order system was instituted in a manner that differed greatly with how his character and spirit were portrayed. This chapter illustrates how the First Norn mentions the branch-turned-spear, and how this incident seems similar to how the gold was molded into the Ring.
James H. Johnson
- Published in print:
- 2011
- Published Online:
- March 2012
- ISBN:
- 9780520267718
- eISBN:
- 9780520948624
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520267718.003.0007
- Subject:
- History, European Modern History
This chapter discusses the practice of donning masks in Venice. In the eighteenth century masks were the norm in Venice, and they were worn beyond the carnival season for occasions that were far from ...
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This chapter discusses the practice of donning masks in Venice. In the eighteenth century masks were the norm in Venice, and they were worn beyond the carnival season for occasions that were far from festive. Against the common notion held by visitors that masks were associated with carnival and that Venetians celebrated carnival for six months a year, the masks were a relatively common sight in Venice for other reasons. While the masks served as a form of deceit and disguise Venetians intended the mask as not a form of deceit or a disguise, rather the act of donning a mask was a tradition heavily engraved in Venetian culture. Aside from at the carnival, Venetians donned masks on other occasions. Nobles for instance wore masks when they receive foreign diplomats, when they attend a marriage of one of the doge’s children, or when they witnessed the installation of church. They also observed the wearing of masks on special dates in history and when greeting masked heads of state traveling incognito. The masks also served as vehicles of crime. The mask, tabàro, and baùta were godsend to smugglers, card sharks, and thieves. In addition, masks also accorded reverence and equality.Less
This chapter discusses the practice of donning masks in Venice. In the eighteenth century masks were the norm in Venice, and they were worn beyond the carnival season for occasions that were far from festive. Against the common notion held by visitors that masks were associated with carnival and that Venetians celebrated carnival for six months a year, the masks were a relatively common sight in Venice for other reasons. While the masks served as a form of deceit and disguise Venetians intended the mask as not a form of deceit or a disguise, rather the act of donning a mask was a tradition heavily engraved in Venetian culture. Aside from at the carnival, Venetians donned masks on other occasions. Nobles for instance wore masks when they receive foreign diplomats, when they attend a marriage of one of the doge’s children, or when they witnessed the installation of church. They also observed the wearing of masks on special dates in history and when greeting masked heads of state traveling incognito. The masks also served as vehicles of crime. The mask, tabàro, and baùta were godsend to smugglers, card sharks, and thieves. In addition, masks also accorded reverence and equality.
Aldert Vrij and Samantha Mann
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780198568773
- eISBN:
- 9780191693779
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198568773.003.0018
- Subject:
- Psychology, Cognitive Psychology
Everybody knows what it is to lie, including young children. This familiarity with lying surely makes people knowledgeable about deception. Fortunately, most people do not make good liars. They ...
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Everybody knows what it is to lie, including young children. This familiarity with lying surely makes people knowledgeable about deception. Fortunately, most people do not make good liars. They reveal their deceit by behaving nervously and avoiding eye contact. Many lies told in everyday life are not serious and are meant to smooth social interactions, to protect one from psychological harm, and to make one feel better. In other words, often deception can be viewed as a ‘social lubricant’, without which social exchanges would rapidly seize up and rust.Less
Everybody knows what it is to lie, including young children. This familiarity with lying surely makes people knowledgeable about deception. Fortunately, most people do not make good liars. They reveal their deceit by behaving nervously and avoiding eye contact. Many lies told in everyday life are not serious and are meant to smooth social interactions, to protect one from psychological harm, and to make one feel better. In other words, often deception can be viewed as a ‘social lubricant’, without which social exchanges would rapidly seize up and rust.
P. S. Atiyah
- Published in print:
- 1990
- Published Online:
- March 2012
- ISBN:
- 9780198254447
- eISBN:
- 9780191681493
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198254447.003.0010
- Subject:
- Law, Law of Obligations
This chapter analyses the nature of liability for misrepresentation in the modern law. The first part focuses on misrepresentation and warranty. It presents how ‘mere representation’ can be ...
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This chapter analyses the nature of liability for misrepresentation in the modern law. The first part focuses on misrepresentation and warranty. It presents how ‘mere representation’ can be distinguished from representation of a ‘warranty’, as well as the importance of this distinction. In addition, the chapter illustrates how the requirement of ‘intent’ is an essential element of warranty. The second part of this chapter centres on the doctrine of estoppel by representation. The chapter explores the significance of the assertion that estoppel is not a ‘cause of action’ but rather a rule of evidence, and the importance of such doctrine in representation. Its relation with liability for breach of warranty, deceit, and negligence is illustrated as well.Less
This chapter analyses the nature of liability for misrepresentation in the modern law. The first part focuses on misrepresentation and warranty. It presents how ‘mere representation’ can be distinguished from representation of a ‘warranty’, as well as the importance of this distinction. In addition, the chapter illustrates how the requirement of ‘intent’ is an essential element of warranty. The second part of this chapter centres on the doctrine of estoppel by representation. The chapter explores the significance of the assertion that estoppel is not a ‘cause of action’ but rather a rule of evidence, and the importance of such doctrine in representation. Its relation with liability for breach of warranty, deceit, and negligence is illustrated as well.
Wendie Ellen Schneider
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199264148
- eISBN:
- 9780191698910
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264148.003.0016
- Subject:
- Law, Philosophy of Law
This chapter describes the role of perjury prosecutions in attempting to guard against deceit in the courtroom. It shows that the selective persecution of perjury cases has a long history and that ...
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This chapter describes the role of perjury prosecutions in attempting to guard against deceit in the courtroom. It shows that the selective persecution of perjury cases has a long history and that measures to encourage more systematic punishment of offenders were met with suspicion by both bench and bar. It also provides explanations for how this state of affairs came about.Less
This chapter describes the role of perjury prosecutions in attempting to guard against deceit in the courtroom. It shows that the selective persecution of perjury cases has a long history and that measures to encourage more systematic punishment of offenders were met with suspicion by both bench and bar. It also provides explanations for how this state of affairs came about.
Sir John Baker
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198258179
- eISBN:
- 9780191681806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198258179.003.0042
- Subject:
- Law, Legal History
This chapter examines the law of torts as it is relevant to deceit in England during the Tudor period. Deceit appeared to have played a prominent role in actions on the case in the 15th and early ...
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This chapter examines the law of torts as it is relevant to deceit in England during the Tudor period. Deceit appeared to have played a prominent role in actions on the case in the 15th and early 16th centuries. The word deceit was found frequently in the plea rolls. It was used as generic name for certain kinds of action on the case and it was pleaded as a constituent factual element in declarations upon the case. This chapter discusses specific cases of deceit filed during this period and analyses courts' decisions.Less
This chapter examines the law of torts as it is relevant to deceit in England during the Tudor period. Deceit appeared to have played a prominent role in actions on the case in the 15th and early 16th centuries. The word deceit was found frequently in the plea rolls. It was used as generic name for certain kinds of action on the case and it was pleaded as a constituent factual element in declarations upon the case. This chapter discusses specific cases of deceit filed during this period and analyses courts' decisions.
Peter Morey
- Published in print:
- 2004
- Published Online:
- July 2012
- ISBN:
- 9780719067143
- eISBN:
- 9781781700587
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719067143.003.0003
- Subject:
- Literature, 20th-century and Contemporary Literature
This chapter studies Mistry's Such a Long Journey, a novel that contains elements of a political thriller and which shows that the operations of history are linked to, and impose on, everyday life. ...
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This chapter studies Mistry's Such a Long Journey, a novel that contains elements of a political thriller and which shows that the operations of history are linked to, and impose on, everyday life. The novel, which is set in 1971, presents political events that put pressure on a family already under strain. The chapter discusses Such a Long Journey in detail, and notes the political features included that seem to be characteristic of a political landscape of deceit, corruption and decline. It determines that Such a Long Journey presents a powerful combination of casual brutality and political deception, which descends on the fiercely guarded private world of sensitive individuals.Less
This chapter studies Mistry's Such a Long Journey, a novel that contains elements of a political thriller and which shows that the operations of history are linked to, and impose on, everyday life. The novel, which is set in 1971, presents political events that put pressure on a family already under strain. The chapter discusses Such a Long Journey in detail, and notes the political features included that seem to be characteristic of a political landscape of deceit, corruption and decline. It determines that Such a Long Journey presents a powerful combination of casual brutality and political deception, which descends on the fiercely guarded private world of sensitive individuals.
