bluuebunny/crossref_metadata_2025_split huggingface dataset:
Misrepresentation
Authors: Andrews Neil 
Published: October 2021

Abstract
The chapters in this Part (chapters 11 to 15) concern pre-formation events which entitle a party to rescind the contract (or agreed variation). The categories of vitiation are: misrepresentation, duress, undue influence, and unconscionability—that is reprehensible exploitation of severe weakness (non-disclosure can be a vitiating factor, but only in special and exceptional circumstances [11.178]). Where a vitiating factor is made out, the agreement will be held to be vitiated and hence voidable.
Duress
Authors: Andrews Neil 
Published: October 2021

Abstract
A coerced agreement can be set aside, in accordance with a Common Law doctrine of duress which has acquired generality during the last fifty years (although it remains customary to divide the topic into three sectors, duress as to person, duress as to goods, and economic duress, that is the threat to break a contract). The four elements of duress are: (i) pressure or a threat; (ii) which is (a) unlawful or (b) illegitimate (despite being lawful); (iii) objectively there was enough pressure so that the coerced party’s submission was not an instance of undue fragility; and instead the coerced party had no real or practical choice other than to submit; and (iv) the coerced party was in fact induced by the duress to enter the contract or agree to its variation or termination. The current controversy is when a threat to do something which is lawful can be characterized as ‘illegitimate’.
Undue Influence
Authors: Andrews Neil 
Published: October 2021

Abstract
The equitable doctrine of undue influence operates to protect weaker parties from the abuse of their relationships by stronger parties. The five main topics within this chapter are: (i) undue influence can be (a) proved, and is then called ‘actual undue influence’, or (b) it can be inferred to have arisen, and it is then called ‘presumed undue influence’; (ii) for the purpose of presumed undue influence, the law recognizes certain standard relationships of trust and confidence (solicitor and client, guardian and ward, etc); non-standard relationships might be shown, on the facts of the case, to involve such a relationship; for example, this is necessary with respect to marital relationships and relations between banker and customer; (iii) the presumption that there has in fact been an abuse of a relationship is activated within the presumed category if the relevant transaction or gift ‘calls for explanation’; (iv) if actual undue influence, or the presumed form, is shown, it is incumbent on the stronger party to satisfy the court that, nevertheless, the weaker party entered the transaction, or made the gift, with free and informed consent; (v) one important context is the giving of guarantees by spouses or partners to support the receipt by the other spouse of partner of a business loan.
Interpretation of Written Contracts
Authors: Andrews Neil 
Published: October 2021

Abstract
Commercially, this is the most important field of contractual law. In recent decades, English courts have declared that the task is to interpret written contracts (also known as ‘construction’) with sensitivity to shared purposes and aims. The courts have regard to the factual matrix within which the contract has arisen and to issues of business or commercial common sense. The courts will also read contractual wording without misplaced pedantry. Under the rubric of ‘constructive construction’, judges are prepared to rearrange text when it is clear that inapposite language has been used and it is also objectively obvious what the shared intention must have been. This process is illuminated by text, context, and (where there is genuine ambiguity) to commercial common sense, but not by deep reference to background party discussion or private opinion. Thus there are three evidential bars: the courts will not admit evidence of a party’s subjective intent or understanding; secondly, evidence of negotiations is inadmissible (but such evidence will be fundamental if a plea of rectification is made, on which chapter 21); thirdly, post-formation conduct is inadmissible (unless there has been a variation or estoppel by convention; on the latter [2.58]).
Incomplete Performance
Authors: Andrews Neil 
Published: October 2021

Abstract
The ‘entire obligation rule’ concerns contingent liabilities, by way of counter-performance. The rule has the salutary self-help protective function that a performing party becomes entitled to payment or other performance by the other side only if the relevant task is completely and properly achieved. Only if the performer ‘crosses this line’ is the other required to pay. For example, a builder who is to be paid on completion of the work cannot demand payment without having finished the relevant job. However, the ‘substantial performance’ doctrine might render the performing party entitled to claim the agreed sum as a debt even if that party’s performance has not been perfect, subject to a deduction in respect of the cost of rectifying defective performance.
Debt and Other Agreed Sums
Authors: Andrews Neil 
Published: October 2021

Abstract
This Part mostly concerns judicial remedies for breach of contract (the self-help remedy of forfeiture of a deposit is noted at [27.109]). The chapter sequence reflects both the division between Common Law (chapters 27 and 28) and Equity (chapter 29) but, more importantly, the practical importance of the judicial remedies, debt mattering more than damages, and in turn damages more than specific performance or injunctions. And so chapter 27 concerns ‘Debt’ (but agreed damages, ie liquidated damages clauses, are treated in the same chapter because the sum payable is, by definition, fixed or calculable in advance; but technically, agreed damages are damages and not a cause of action sounding in debt). Chapter 28 concerns damages, that is, compensation. Damages is a branch of the law which continues to generate a mass of intricate case law. Finally, chapter 29 concerns the equitable remedies of specific performance, injunctions, account of profits, and declarations. It is a fundamental principle that specific performance can be granted only if the Common Law remedies (debt and damages) are inadequate on the relevant facts.
Chapter 27: The predominant claim for contractual default is the action for debt, to compel payment. Statistically this is the front-runner amongst remedies for breach.
The availability of interest is also noted in this chapter.
The UCP Regime
Authors: Byrne James E , Seng Soh Chee , Hare Christopher 
Published: October 2021

Abstract
This chapter considers the history of the letter of credit and the Uniform Customs & Practice for Documentary Credits (‘UCP’) regime leading up to the adoption of the UCP 600. After examining the respective advantages and disadvantages of the UCP regime, the chapter examines the likelihood of a new UCP revision in terms of its likely costs and benefits. Concluding that there may be more proportionate ways of updating the legal framework other than a full-blown UCP revision, the chapter makes suggestions for change to the UCP 600 to strengthen the role played by international standard banking practice and to make it more accessible to non-bankers, with a focus on letter of credit practice, rather than letter of credit law.
Implementation and Implications of the UNCITRAL Model Law on Electronic Transferable Records in Trade Finance
Authors: Davidson Alan 
Published: October 2021

Abstract
The Model Law on Electronic Transferable Records (‘ML-ETR’) aims to enable the legal use of ‘electronic transferable records’ (‘ETRs’) domestically and internationally. The ML-ETR applies to ETRs that are functionally equivalent to transferable documents or instruments, notably trade-finance instruments, including bills of lading, bills of exchange, promissory notes, and warehouse receipts. Their availability in electronic form will improve the speed and security of trade finance and will facilitate the development of ‘smart contracts’. ETRs are relevant for a wide range of businesses, such as transport and logistics and finance, and are significant for developing countries interested in establishing markets for electronic warehouse receipts to facilitate farmers’ access to credit. ETRs are fundamental to a paperless trade environment, thereby facilitating trade. The ML-ETR builds on the core principles of non-discrimination against electronic means of transacting, the functional equivalence of paper-based and electronic transactions and instruments, and technology neutrality that accommodates the use of all technologies and of all models, such as registries, tokens, and distributed ledgers (like blockchain). Control of the ETR represents the functional equivalent of the possession requirement applicable to transferrable paper-based instruments. ‘Control’ is established with respect to an ETR when a ‘reliable method’ is used to establish both the exclusive control of that electronic transferable record by a person and the identity of that person.
Countertrade as Finance
Authors: Hare Christopher 
Published: October 2021

Abstract
Whilst the letter of credit has been the dominant force in the trade-finance area, its utility has increasingly been challenged by technology, regulation, and competition from other financial products. Additionally, there are some circumstances where economic, political, or financial instability makes the letter of credit inapt. This is because the letter of credit requires a certain level of financial stability and an appropriate institutional framework to function properly. In such circumstances, the parties may resort to trade finance mechanisms that can withstand such instability. The prime example is countertrade, whereby goods or services are used to ‘pay’ for goods or services. Whilst this form of transacting is not without its legal difficulties, countertrade may provide a useful trade-finance device in times of crisis, such as the global coronavirus pandemic.
Review of Orders
Authors: French Derek 
Published: October 2021

Abstract
The chapter explains the processes of review of orders made for winding-up companies. A court which has made an order in the exercise of its jurisdiction under the Insolvency Act 1986 (IA 1986), parts 1–7, and the corresponding parts of IR 2016 may review, rescind or vary that order. The same provision is made in relation to orders made by the court in the exercise of its bankruptcy jurisdiction. The order may be interim or final. The order may have been made at first instance or on appeal. The power to review, rescind or vary is unfettered but must be exercised judicially. It is not to be used in order to hear an appeal against a decision of a judge of coordinate jurisdiction. The distinction between an appeal and an application to review, otherwise unjust through a serious procedural or other irregularity. An application to review, rescind or vary a decision must be made promptly on learning of the new circumstances which are relied on to justify exercise of the discretion.
Public Interest Petitions
Authors: French Derek 
Published: October 2021

Abstract
The chapter deals with the powers of the Secretary of State and other public officers and bodies to petition for a company to be wound up in the public interest. A petition for winding up in the public interest can only be presented by a person who is authorized to do so by statute. If it appears to the Secretary of State, from the results of any of various investigatory processes, that it is expedient in the public interest that a company should be wound up, petition for that company to be wound up by the court. A decision to present or not present a public interest petition is subject to judicial review. The fact that a regulatory authority has acted to prevent continuation of a company’s objectionable behaviour is not a reason for refusing a winding-up order in the public interest.
Enhanced thermal radiation from a tidally heated exomoon with a single hotspot
Authors: Jäger Zoltán , Szabó Gyula M 
Published: October 2021

ABSTRACT
An exomoon on a non-perfectly circular orbit experiences tidal heating that is capable to significantly contribute to the thermal brightness of the moon. Here we argue that the thermal heat is unevenly distributed on the moon’s surface, the emission of the tidal heat is limited to a few hotspots on the surface. A well-known example is the tidally heated Io. Due to their significantly increased temperature, the hotspots enhance the energy emission in thermal wavelengths. We made simulations using Monte Carlo method to examine this contribution, and to predict about the possible detectability of such a spotted exomoon. We found that in the case of large, Earth-sized companions to Jupiters around red dwarf stars exhibit a thermal flux that enables the direct detection of the moon, due to its photometric signal that can exceed ≈100 ppm in the most favourable configurations.
Subhalo abundance matching through the lens of a hydrodynamical simulation
Authors: Favole Ginevra , Montero-Dorta Antonio D , Artale M Celeste , Contreras Sergio , Zehavi Idit , Xu Xiaoju 
Published: October 2021

ABSTRACT
We use the IllustrisTNG100 hydrodynamical simulation to study the dependence of the galaxy two-point correlation function on a broad range of secondary subhalo and galactic properties. We construct galaxy mock catalogues adopting a standard subhalo abundance matching scheme coupled with a secondary assignment between galaxy colour or specific star formation rate and the following subhalo properties: starvation redshift zstarve, concentration at infall, overdensity $\delta _R^{\rm env}$, tidal anisotropy αR, and tidal overdensity δR. The last two quantities allow us to fully characterize the tidal field of our subhaloes, acting as mediators between their internal and large-scale properties. The resulting mock catalogues overall return good agreement with the IllustrisTNG100 measurements. The accuracy of each model strongly depends on the correlation between the secondary galaxy and subhalo properties employed. Among all the subhalo proxies tested, we find that zstarve and cinfall are the ones that best trace the large-scale structure, producing robust clustering predictions for different samples of red/blue and quenched/star-forming galaxies.
Star-forming S0 galaxies in the SDSS-IV MaNGA survey
Authors: Xu Ke , Gu Qiusheng , Lu Shiying , Ge Xue , Xiao Mengyuan , Contini Emanuele 
Published: October 2021

ABSTRACT
To investigate star-forming activities in early-type galaxies, we select a sample of 52 star-forming S0 galaxies (SFS0s) from the SDSS-IV MaNGA survey. We find that SFS0s have smaller stellar masses compared to normal S0s in MaNGA. After matching the stellar mass to select the control sample, we find that the mean Sérsic index of SFS0 bulges (1.76 ± 0.21) is significantly smaller than that of the control sample (2.57 ± 0.20), suggesting the existence of pseudo-bulges in SFS0s. After introducing the environmental information, SFS0s show smaller spin parameters in the field than in groups, while the control sample has no obvious difference in different environments, which may suggest different dynamical processes in SFS0s. Furthermore, with derived N/O and O/H abundance ratios, SFS0s in the field show nitrogen enrichment, providing evidence for the accretion of metal-poor gas in the field environment. To study the star-formation relation, we show that the slope of the spatially resolved star-formation main sequence is nearly 1.0 with MaNGA integral field unit data, confirming the self-regulation of star-formation activity on kpc scales.
SEAGLE – III: Towards resolving the mismatch in the dark-matter fraction in early-type galaxies between simulations and observations
Authors: Mukherjee Sampath , Koopmans Léon V E , Tortora Crescenzo , Schaller Matthieu , Metcalf R Benton , Schaye Joop , Vernardos Georgios 
Published: October 2021

ABSTRACT
The central dark-matter fraction of galaxies is sensitive to feedback processes during galaxy formation. Strong gravitational lensing has been effective in the precise measurement of the dark-matter fraction inside massive early-type galaxies. Here, we compare the projected dark-matter fraction of early-type galaxies inferred from the SLACS (Sloan Lens ACS Survey) strong-lens survey with those obtained from the Evolution and Assembly of GaLaxies and their Environment (EAGLE), Illustris, and IllustrisTNG hydrodynamical simulations. Previous comparisons with some simulations revealed a large discrepancy, with considerably higher inferred dark-matter fractions – by factors of ≈2–3 – inside half of the effective radius in observed strong-lens galaxies as compared to simulated galaxies. Here, we report good agreement between EAGLE and SLACS for the dark-matter fractions inside both half of the effective radius and the effective radius as a function of the galaxy’s stellar mass, effective radius, and total mass-density slope. However, for IllustrisTNG and Illustris, the dark-matter fractions are lower than observed. This work consistently assumes a Chabrier initial mass function (IMF), which suggests that a different IMF (although not excluded) is not necessary to resolve this mismatch. The differences in the stellar feedback model between EAGLE and Illustris and IllustrisTNG are likely the dominant cause of the difference in their dark-matter fraction and density slope.
Rotational excitation of H3O+ cations by para-H2: improved collisional data at low temperatures
Authors: Demes Sándor , Lique François , Faure Alexandre , van der Tak Floris F S , Rist Claire , Hily-Blant Pierre 
Published: October 2021

ABSTRACT
The hydronium cation plays a crucial role in interstellar oxygen and water chemistry. While its spectroscopy was extensively investigated earlier, the collisional excitation of H3O+ is not well studied yet. In this work, we present state-to-state collisional data for the rotational de-excitation of both ortho- and para-H3O+ due to para-H2 impact. The cross sections are calculated within the close-coupling formalism using our recent, highly accurate, rigid-rotor potential energy surface for this collision system. The corresponding thermal rate coefficients are computed up to 100 K. For para-H3O+, the lowest 20 rotation-inversion states were considered in the calculations, while for ortho-H3O+, the lowest 11 states are involved (up to j ≤ 5), so all levels with rotational energy below 420 K (292 cm−1) are studied. In order to analyse the impact of the new collisional rate coefficients on the excitation of H3O+ in astrophysical environments, radiative transfer calculations are also provided. The most relevant emission lines from an astrophysical point of view are studied, taking into account the transitions at 307, 365, 389, and 396 GHz. We show that our new collisional data have a non-negligible impact (from a few per cents up to about a factor of 3) on the brightness and excitation temperatures of H3O+, justifying the revision of the physical conditions in the appropriate astrophysical observations. The calculated rate coefficients allow one to recalculate the column density of hydronium in interstellar clouds, which can lead to a better understanding of interstellar water and oxygen chemistry.
The MBHBM⋆ Project – II. Molecular gas kinematics in the lenticular galaxy NGC 3593 reveal a supermassive black hole
Authors: Nguyen Dieu D , Bureau Martin , Thater Sabine , Nyland Kristina , den Brok Mark , Cappellari Michele , Davis Timothy A , Greene Jenny E , Neumayer Nadine , Imanishi Masatoshi , Izumi Takuma , Kawamuro Taiki , Baba Shunsuke , Nguyen Phuong M , Iguchi Satoru , Tsukui Takafumi , Lam T N , Ho Than 
Published: October 2021

ABSTRACT
As part of the Measuring Black Holes in below Milky Way-mass (M⋆) galaxies (MBHBM⋆) Project, we present a dynamical measurement of the supermassive black hole (SMBH) mass in the nearby lenticular galaxy NGC 3593, using cold molecular gas 12CO(2-1) emission observed at an angular resolution of ≈0${_{.}^{\prime\prime}}$3 (≈10 pc) with the Atacama Large Millimeter/submillimeter Array (ALMA). Our ALMA observations reveal a circumnuclear molecular gas disc (CND) elongated along the galaxy major axis and rotating around the SMBH. This CND has a relatively low-velocity dispersion (≲10 km s−1) and is morphologically complex, with clumps having higher integrated intensities and velocity dispersions (≲25 km s−1). These clumps are distributed along the ridges of a two-arm/bi-symmetric spiral pattern surrounded by a larger ring-like structure (radius r ≈ 10 arcsec or ≈350 pc). This pattern likely plays an important role to bridge the molecular gas reservoirs in the CND and beyond (10 ≲ r ≲ 35 arcsec or 350 pc ≲ r ≲ 1.2 kpc). Using dynamical modelling, the molecular gas kinematics allow us to infer an SMBH mass $M_{\rm BH}=2.40_{-1.05}^{+1.87}\times 10^6$ M⊙ (only statistical uncertainties at the 3σ level). We also detect a massive core of cold molecular gas (CMC) of mass MCMC = (5.4 ± 1.2) × 106 M⊙ and effective (half-mass) radius rCMC,e = 11.2 ± 2.8 pc, co-spatial with a nuclear star cluster (NSC) of mass MNSC = (1.67 ± 0.48) × 107 M⊙ and effective radius rNSC,e = 5.0 ± 1.0 pc (or 0${_{.}^{\prime\prime}}$15 ± 0${_{.}^{\prime\prime}}$03). The mass profiles of the CMC and NSC are well described by Sérsic functions with indices 1−1.4. Our MBH and MNSC estimates for NGC 3593 agree well with the recently compiled MBH–MNSC scaling relation. Although the MNSC uncertainty is twice the inferred MBH, the rapid central rise of the rotation velocities of the CND (as the radius decreases) clearly suggests an SMBH. Indeed, our dynamical models show that even if MNSC is at the upper end of its allowed range, the evidence for a BH does not vanish, but remains with a lower limit of MBH &gt; 3 × 105 M⊙.
El-CID: a filter for gravitational-wave electromagnetic counterpart identification
Authors: Chatterjee Deep , Narayan Gautham , Aleo Patrick D , Malanchev Konstantin , Muthukrishna Daniel 
Published: October 2021

ABSTRACT
As gravitational-wave (GW) interferometers become more sensitive and probe ever more distant reaches, the number of detected binary neutron star mergers will increase. However, detecting more events farther away with GWs does not guarantee corresponding increase in the number of electromagnetic counterparts of these events. Current and upcoming wide-field surveys that participate in GW follow-up operations will have to contend with distinguishing the kilonova (KN) from the ever increasing number of transients they detect, many of which will be consistent with the GW sky-localization. We have developed a novel tool based on a temporal convolutional neural network architecture, trained on sparse early-time photometry and contextual information for Electromagnetic Counterpart Identification (El-CID). The overarching goal for El-CID is to slice through list of new transient candidates that are consistent with the GW sky localization, and determine which sources are consistent with KNe, allowing limited target-of-opportunity resources to be used judiciously. In addition to verifying the performance of our algorithm on an extensive testing sample, we validate it on AT2017gfo – the only EM counterpart of a binary neutron star merger discovered to date – and AT2019npv – a supernova that was initially suspected as a counterpart of the GW event, GW190814, but was later ruled out after further analysis.