المؤلفون: Salkin, Barry L.¹

المصدر: Benefits Law Journal. Spring2024, Vol. 37 Issue 1, p51-61. 11p.

مصطلحات موضوعية: *SET-off & counterclaim, MISTAKE (Contracts), EMPLOYEE Retirement Income Security Act of 1974, REFORMATION, COURTS

مستخلص: The article examines the law of mutual mistake under the Employee Retirement Income Security Act of 1974 (ERISA). It discusses how courts have recognized claims for equitable relief, including reformation, under ERISA Section 502(a)(3), focusing primarily on mutual mistake rather than unilateral mistake. It covers the definition of mutual mistake, its applicability in various contexts, requirements for reformation, and procedural aspects such as pleading standards and counterclaims.

المؤلفون: JOHNSON, SCOTT G.¹ SJohnson@RobinsKaplan.com

المصدر: Brief. Spring2015, Vol. 44 Issue 3, p32-39. 8p.

مصطلحات موضوعية: *INSURANCE policies, *ACTIONS & defenses (Law), MISTAKE (Contracts), EVIDENCE, MISTAKE (Law)

الشركة/الكيان: CINCINNATI Insurance Co.

مستخلص: The article discusses correcting scrivener's error in insurance contracts which is an unintentional mistake in drafting a contract. Topics discussed include the application of the general rules of insurance contract interpretation, contract reformation by a court, and the use of extrinsic evidence to show mutual mistake. It relates the court case Cincinnati Insurance Co. v. Post.

المصدر: Publishers Weekly. 1/15/2024, Vol. 271 Issue 2, p77-77. 1/4p.

مصطلحات موضوعية: PICTURE books for children, CHILDREN'S literature, FICTION

Reviews & Products: GAGA Mistake Day (Book)

People: STRAUB, Susan, STRAUB, Emma, 1980-, LOVE, Jessica

المصدر: Publishers Weekly. 11/27/2023, Vol. 270 Issue 49, p55-55. 3/8p. 1 Color Photograph.

مصطلحات موضوعية: WITCHES, BLACK magic, FICTION

Reviews & Products: MARTHA May McKenzie & The Magic Cake Big Mistake! (Book)

People: STARR, Brian

المؤلفون: Fischman, Joshua B.¹

المصدر: American Law & Economics Review. Mar2014, Vol. 16 Issue 1, p40-85. 46p. 5 Diagrams, 5 Charts, 4 Graphs.

مصطلحات موضوعية: *ADMINISTRATIVE procedure, *EMPIRICAL research, STATUS inconsistency, MISTAKE (Law), SCHOLARS, LEGAL judgments

مستخلص: Scholars have long debated whether, and to what extent, law constrains judicial decisions. Because law cannot be objectively measured, it is commonly believed that judicial decisions cannot be empirically evaluated on grounds internal to the practice of law. This article demonstrates that empirical analysis of judicial decisions can nevertheless provide objective, albeit limited, conclusions about subjective criteria for evaluating a system of adjudication. It operationalizes three criteria—inter-judge inconsistency, legal indeterminacy, and judicial error—and clarifies what can be inferred about them from observational data on single-judge adjudication. The precise level of inconsistency cannot be identified, but it is possible to estimate a range of feasible values. Similarly, rates of indeterminacy and error cannot be estimated in isolation, but it is possible to estimate a set of feasible combinations of these rates. The methodologies developed in this article are illustrated using data on immigration adjudication. [ABSTRACT FROM AUTHOR]

: Copyright of American Law & Economics Review is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

المؤلفون: Hoffer, Stephanie R.¹

المصدر: University of Illinois Law Review. 2014, Vol. 2014 Issue 1, p115-174. 60p.

مصطلحات موضوعية: MISTAKE (Contracts), COMMON law, FRAUDULENT inducement, NEGLIGENT misrepresentation (Law), ENFORCEMENT

مستخلص: The article focuses on two doctrines of defenses against enforcement of a contract which include mistake and misrepresentation and describes the common law of mistake and misrepresentation. It reflects on the redundancies appearing in both doctrines and explains how misrepresentation leads to fraudulent inducement. It describes how normative underpinnings of the fraud defense can be protected.

المؤلفون: Kyriazis, Elias¹ kelias@uow.edu.au, Johnson, Lester W.¹ lwjohnson@swin.edu.au, Couchman, Paul² pcouchman@deakin.edu.au

المصدر: Businesses. Sep2022, Vol. 2 Issue 3, p300-318. 19p.

مصطلحات موضوعية: *NEW product development, *CORPORATE culture, *VALUATION, MOTIVE (Law), MISTAKE (Law), STURGEONS

مستخلص: Relationships between functional specialists working on NPD projects can lack trust, resulting in poor communication, low levels of co-operation, and, in the extreme, the political sabotage of projects. We empirically test a hypothesized model of managerial perceptions of motives and intentions, negative project politics, and affect-based trust, as well as their effect on dysfunctional conflict and defensive behaviors, with their subsequent effect on collaboration and NPD project success. Data were from 184 projects from the technically trained manager perspective, and 145 projects were from the marketing manager perspective. We find that, despite all of the NPD process improvement and use of integration methods, NPD managerial level interactions are still fundamentally relationally-based, where the strongest effects on cross-functional managerial behavior are from perceptions of negative motives, leading to defensive behaviors and politics interfering with collaboration and NPD success. On a positive note, while evident affect-based trust leads to collaboration and NPD success, it is far more important for technically trained managers. The implications for top management lie in structuring organizational processes that are trust-rich, in order to avoid the opportunity for distrust and suspicion to arise. [ABSTRACT FROM AUTHOR]

: Copyright of Businesses is the property of MDPI and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

المؤلفون: Eisenberg, Melvin A.

المصدر: California Law Review. Dec2003, Vol. 91 Issue 6, p1575-1643. 69p.

مصطلحات موضوعية: *CONTRACTS, *PAYMENT, *COMMERCIAL law, MISTAKE (Law), DECLARATION of intention

مستخلص: Develops the legal rules that should govern mistake in contract law on a functional basis. Types of mistake that are relevant in contract law on the basis of their character; Reasons of efficiency and morality that apply to cases in which a non-mistaken party knew or had reason to know that a payment was mistakenly made; Distinction between mistaken factual assumptions and evaluative mistakes.

المؤلفون: Blackerby, Jean Coleman

المصدر: Vanderbilt Law Review. May2003, Vol. 56 Issue 4, p1179-1226. 48p.

مصطلحات موضوعية: *CIVIL restitution, CAPITAL punishment, MISTAKE (Law), DNA fingerprinting

مستخلص: Focuses on preventing wrongful capital convictions. Importance of DNA testing and the obstacles to its use; Restoration of the wrongly convicted under the current system; Need for nationwide death penalty moratorium and fairness studies; Recommended restitution.

المؤلفون: Pratt, David A., Heming, Martin M.

المصدر: Journal of Pension Benefits: Issues in Administration. Summer2008, Vol. 15 Issue 4, p19-27. 9p.

مصطلحات موضوعية: *RETIREMENT planning, *RETIREMENT income, *RETIREMENT policies, *EMPLOYERS, ERRORS, MISTAKE (Law)

مصطلحات جغرافية: UNITED States

مستخلص: This article discusses the doctrine of scrivener's error as it relates to plan drafting mistakes. There is no denying that inadvertent errors occur in retirement plan documents. Pretending that honest mistakes never happen is irresponsible, and zero tolerance is not an appropriate standard for those hardy employers willing to brave the slings and arrows of ERISA compliance. [ABSTRACT FROM AUTHOR]

: Copyright of Journal of Pension Benefits: Issues in Administration is the property of Wolters Kluwer Legal & Regulatory and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)