The Linguistics of Misrepresentation: Intentions and Truth Values

During contractual negotiations, one party may lead the other into error, thus causing loss or damage. If misrepresentation is shown, the aggrieved party may therefore claim for damages or rescission. In the English law, it was for many years unclear whether a finding of misrepresentation required proof of deliberate, intentional fraud, or whether it could be analysed as a simple failure of consensus, in which case it would be sufficient to show negligence. According to the traditional rule, the misleading declaration had to be factually false, and concern an existing state of affairs or a verifiable past event. However, expressions of personal opinion or of future intention can mislead, although they cannot sensibly be considered as true or false. Further, in practice, many literally true sentences are liable to give false impressions. Such statements may be ambiguous or only partly true. Like linguists and ethical philosophers, the judges are confronted with recursive problems of understanding and re-interpretation. Citations from a number of celebrated English cases are given to show that in spite of significant developments, no legal rules or principles can satisfactorily account for intuitions concerning intentional behaviour and morality.     

Psychological Dimensions of the Israeli Settlements Issue: Endowments and Identities

When you have a rational discussion of what to do with the Israeli settlements, how do you factor in the irrational, the deeply held beliefs of people with varying views? As we witnessed at the conference, when people speak about the Israeli settlements, they do so with emotion, using such phrases as “Messianic spirit,”“longing for homeland,”“compassionate revenge,” and “the destruction of dreams.” The land in question is precious to two different groups, who each imbue the land with their own narrative and fervor. In fact, at the very heart of what makes the settlements issue so complex and seemingly intractable is its psychological dimensions — the mental and emotional factors that permeate the discussion at every level.     

Sex differences in earnings: An analysis of Malaysian wage data

The conventional human capital earnings function is applied to a rich set of Malaysian wage data in an attempt to determine the origins of sex differences in average earnings. Several findings are of interest, the first being that the relationships estimated from the earnings function are similar to those typically reported for non‐LDCs. Second, less than a third of the average monthly wage difference between the sexes of about 34 per cent appears to be the consequence of either females having lower (measured) productivity than males, or females receiving lower rates of return to human capital than males. The major part of the earnings difference is apparently a consequence of employment distributions: females are much more likely to be in the low‐paying occupations.     

Book reviews

Hauptstadtsuche. Hauptstadtfunktionen im Interessenkonflikt zwischen Bonn und Berlin, Frankfurt a. M. By Klaus von Beyme. (Edition Suhrkamp 1709, Neue Folge 709) Suhrkamp Verlag, 1991.

Enlargement without Accession: The EC's Response to German Unification. RIIA Discussion Paper no. 36. By David Spence. London: Royal Institute of International Affairs, 1991. £5.00 pb.

A History of Germany 1815–1990. Fourth Edition. By William Carr. London: Edward Arnold, 1991. £12.95 pb.

The End of the East German Economy. By Philip J. Bryson and Manfred Melzer. Basingstoke and London: Macmillan, 1991. £40.00 hb.

Federal Republic of Germany and EC Membership Evaluated. Edited by Carlchristoph Schweitzer and Detlev Karsten. London: Pinter, 1990. £30.00 hb.

Postmodern Politics in Germany: The Politics of Resentment. By Hans‐Georg Betz. Macmillan: Basingstoke and London, 1991. £35.00 hb.

Germany in the Twentieth Century. By David Childs. London: Batsford, 1991. £25.00 hb.

Upheaval against the Plan: Eastern Europe on the Eve of the Storm. Edited by Peter R. Weilemann, Georg Brunner and Rudolf L. Tökes. Oxford: Berg, 1991. £27.50 hb.

Germany and European Integration. The Common Agricultural Policy: an Area of Conflict. By Gisela Hendriks. Oxford: Berg, 1991. £25.00 hb.

Britain's Policy for West German Rearmament 1950–1955. Cambridge Studies in International Relations 13. By Saki Dockrill. Cambridge: Cambridge University Press, 1991. £27.50 hb.     

Ensuring an Inventor's Patent Rights: Recent Supreme Court Case Clarifies Timing of Application

Patent law encourages the development and transfer of technology by making the information regarding new inventions public knowledge, while providing the inventor with the right to exclude others from making, using or selling the invention for 20 years. Because the exclusive rights to the invention are limited in time, and to prevent the inventor from gaining additional time, the application for a patent must be filed within a statutorily prescribed time. Recently, the U.S. Supreme Court in the case of Pfaff v. Wells Electronics, Inc. clarified one aspect related to the timing of the patent application. This article specifically examines the Pfaff case and the question of when an invention subject to a contract to sell exists as it relates to the timing of patent applications.