text:
BlackRock proves its credentials
When the New York Federal Reserve realized just over a week ago that it would need a manager to run the portfolio of mortgage-backed securities it was taking as collateral for a $30bn (â¬19bn) loan to Bear Stearns, US-listed asset manager BlackRock was the obvious choice.
By the admission of its rivals, BlackRock is one of fewer than half a dozen asset managers with the expertise and resources to take on such an assignment, alongside Pimco, Western Asset Managers and Goldman Sachs Asset Management.
Rivals said they saw the appointment as an endorsement of BlackRock's integration with Merrill Lynch Investment Management, a merger that was agreed just over two years ago.
That integration is now complete, although Larry Fink, the firm's co-founder and chief executive, has maintained that integration never finishes.
It is seen as one of only a few manager mergers that have really worked, and the growth of combined assets under management, from $992bn just before the merger to $1.36 trillion by the end of last year, makes BlackRock the world's largest quoted asset manager.
The Fed's process for selecting a manager to run the Bear Stearns collateral has been shrouded in secrecy, and BlackRock has declined to comment on this or any other aspect of the assignment.
However, it may have been as simple as the Fed thinking of BlackRock first, picking up the phone and asking if it wanted the business. BlackRock has established good contacts, according to a rival manager. He said: "It is very well connected."
It also possesses BlackRock Solutions, a risk management business with 1,200 staff and sophisticated computer systems that advises clients on $6 trillion of assets and which will be instrumental in managing the portfolio for the Fed. It has been undertaking similar assignments for clients in China, Japan, the Middle East, Europe and Canada since August, soon after the credit crisis began to bite.
The opportunity to work for the Fed would have been difficult for any manager to turn down, if for no other reason than kudos. But the prestige of the client and the size of the mandate means BlackRock's fee for the appointment, which has not been revealed, is expected to be far lower than the few tens of basis points, hundredths of a percent, that an asset manager would typically charge for running a credit fund.
The rival said BlackRock's fee might be as low as three basis points, charged annually on the value of the portfolio – although it is more likely to be a lump sum.
Accepting the mandate has also raised questions about BlackRock's capacity. It has been taking on many of these portfolios, mostly in private, each of which requires an intensive use of resources, and there is a possibility it could be overstretched if it takes on much more before it has had time to expand its staff. It has been hiring according to a plan it laid last year.
The assumed value of the Fed's collateral, $30bn, is equal to the assets BlackRock gathered in the final three months of last year. This, however, was raised across the full range of its funds, which include regular bonds, equities and alternative assets.
The problems of pricing mortgage-backed securities have been preoccupying the minds of investment bankers and asset managers – plus their auditors – for months. BlackRock is expected to reduce to a minimum the Fed's exposure to these securities by selling them. Holding them to maturity is an option it may end up taking, but even if it does hold them to term, the task of managing them is daunting.
Considerable experience and intellect is needed to get to grips with the complexities of these securities, according to a credit fund manager: "It is extremely detailed work. If the portfolio has tranches of collateralised debt obligations, you have to read and understand all the trustee documents, you have to know what triggers a default and the workings of the waterfall, the way any income is allocated between tranches.
"There is no simple way of doing it. The portfolio could have CDO-squared – CDOs of CDOs – and for each of those you might have to look at 20 underlying CDOs. And if there are any student loans and credit card loans, they will work differently again."
Much of this can be outsourced to lawyers, but an even bigger problem is keeping track of the portfolio and all the events affecting it on a day-to-day basis. The cost of building and maintaining the kind of computer system needed for this task is prohibitive and explains why the Fed had only a few managers to choose between.
BlackRock has established a reputation as a manager of distressed debt portfolios. It was chosen ahead of rivals to manage the assets of M-LEC, the US vehicle that was planned for the acquisition of banks' exposures to sub-prime mortgage-backed securities, which was shelved when the banks made alternative arrangements.
It was also hired late last year to advise Florida's State Board of Administration on its $14bn fund, after the emergence of its sub-prime holdings led to investor redemptions and threatened to reduce Florida to a state of chaos. It is advising KfW, the German development bank that owns a 43% stake in IKB, the German lender that was hit through its investments in sub-prime mortgage-backed securities.
BlackRock reinforced this last week by establishing PennyMac, the Private National Acceptance Company, with US hedge fund manager Highfields Capital Management. The new venture is meant to buy whole mortgage loans and, rather than foreclosing them, they will restructure the loans of struggling borrowers "so they can continue paying and stay in their homes", according to Stan Kurland, the former president and chief operating officer of US mortgage provider Countrywide Financial Corporation, who is leading PennyMac.
Separately, BlackRock is raising $2bn for a fund that will invest in distressed mortgage securities, according to a source close to the company. Fink said as early as last December that the asset manager would seek to invest more in distressed debt to capitalise on the damage wrought by the credit crisis and subsequently depressed prices.
BlackRock's expertise relates to its origins as a credit manager. It emerged in 1992 when Financial Management Group, founded by Fink in 1988 as part of buyout firm and asset manager Blackstone, spun out on its own.
Fink has great knowledge of credit securities, having joined the bond-trading desk of the then First Boston in 1976 after graduating from the University of California, Los Angeles. He became head of the desk in 1981 and that decade created the first collateralised mortgage obligation.
BlackRock extended the scope of its expertise through its merger with Merrill Lynch Investment Managers. The deal added $300bn of equity funds to BlackRock's mainly credit funds, and with Merrill's credit and alternative asset funds, the combined assets under management amounted to almost $1 trillion.
Analysts praised BlackRock's fast execution of the integration, which was in stark contrast to Legg Mason's acquisition of Citigroup Asset Management, a deal announced eight months before in June 2005.
By June 2006, just four months after his deal was announced, Fink had named top-level management in the US and Europe and soon after had started systems integration, a process made easier by the firm's expertise in technology through BlackRock Solutions.
Although there were some words of caution that the BlackRock-heavy combined board might lead to staff defections, almost no senior Merrill executives have left as a result of the deal. Instead, senior departures have been within BlackRock, and include Fink's long-standing business partners and co-founders of the firm, Ralph Schlosstein, former president, and Keith Anderson, head of fixed income.
Performance has also remained consistent across stock and bond products and BlackRock has added since the deal in alternatives, including hedge funds and real estate. The pipeline of new business held up last year despite the market turmoil and the group won $137.6bn in new business.
Fink told Financial News last month that he had no particular plans to buy any more companies, but said: "There are a lot of interesting acquisition opportunities in the asset management industry.
Fink added: "Many companies are trading at low price/earnings ratios. Asset managers need scale, because risk management systems are expensive."


text:
This product has been discontinued
But, there are similar products
Philips 19 in. LCD TV 19PFL3504D Reviews
Read 5 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 5 customers
Sort by
Comments about Philips 19 in. LCD TV:
A decent small TV in terms of picture quality and sound. My main issue with it is turning it on. First, I get this strange humming sound from it and the screen is green. The only way it connects to the cable is if I flip through the hdmi/tv options or if I turn the tv on first-pause and then turn on the cable box. This is the only TV I've had to do that for and it's really irritating. I'm not a fan.
Comments about Philips 19 in. LCD TV:
This Philips 19" model flat screen tv is acceptable if you're not a die-hard tv viewer! It is easy to assemble and install, which is very important for me, because I'm uncomfortable connecting all the various parts that require input (dvd player, set-top box, etc.). The tv is light weight and relatively attractive. The picture is quite good, and the device allows you to change the picture settings to your own preference. The set I bought has a shiny black frame rather than a matte frame, which I do find somewhat distracting. I'm not sure if you have a choice on this model, but when I buy another tv, I'm going to be sure it has a matte frame.
My biggest objection to this tv is its sound quality -- tinny is the best word I can think of to describe it. It just seems to lack real depth. I sometimes have tvs going in two rooms at the same time, and there is a marked difference between the sound quality in my new Philips tv compared to my older Zenith.
Comments about Philips 19 in. LCD TV:
The tv screen is wide and could be fixed to width and hight. It comes with a remote and also has batteries. The color of the screen is great. It has side connections for for hd cable and also reverse connections. The brightness is good along with watching a movie special effects are really noticable.
Comments about Philips 19 in. LCD TV:
We were given this tv last year for Christmas. It is the tv in our bedroom. Our old tv had died and this Philips is the perfect replacement. The picture quality is awesome on this tv. Very crisp and clear. It is compact enough to fit on our corner shelf in our bedroom and the footprint is very small. Our DVD's look great on this little tv. You can adjust the picture to suit your needs. Zooming in is a great feature. I was not sure that we would really like such a small sized screen but it is perfect for our small space and room. The picture quality is great even if you are not looking directly at it if you are looking from slightly the left or right. The colors are true. The sound quality is very good as well. Set up was very simple. Just a matter of hooking up the stand to the bottom of the tv and took just a couple of minutes. The hooking up the tv to cable and DVD player was a breeze as well. If you are looking for a small tv this is a great one.
Comments about Philips 19 in. LCD TV:
I got this Philips 19 in. HD TV for Christmas this past year, and I wouldn't trade it in for anything becasue we have Satellite Service through Dish Network, and I've fot a Blu-Ray disc player connected to it also. It displays a great picture with a !6:9 widescreen ratio, and you can do a variety of zooming in & out to achieve the best picture for your preference. I am a little jealous of the TV in our living room because you can do a full zoom with it, where there's no bars. My one and only complaint is that when I play really any kind of discs in my Blu-Ray player, when ejecting them. Everything kind of makes a maybe second and a half long hissing sound. So, that worries me a little, but I really don't think that that is even the TVs fault..So, overall I would recommend the name brand Philips, because to me it is a recognized brand in excellence, as they also sell a wide variety of personal care items too, such as toothbrushes, etc..., but I do get a lot of enjoyment from my TV from a trusted brand.

subset: commoncrawl


text:
our breathtaking newsletter
Weekly gloriousness sent to your inbox.
Featured Local Event full calendar»
Saturday, December 10th - 5:00 PM-10:00 PM
|Festival of Lights @ Cincinnati Zoo & Botanical Garden
DERF Happy Hour
Keep checking back here to find out where the next DERF Happy Hour will be!
Stephen Hawking profoundly confused by hospital insurance forms
LONDON - Despite mastering theoretical physics and achieving an unparalleled understanding of quantum gravity, Stephen Hawking was unable to comprehend the forms presented to him before his recent hospital admission. After getting through the first three lines asking him for his name and address, Hawking grew increasingly frustrated.
Hawking's work studying black holes has made him a world renowned academic celebrity, but his brain power was put to the test by the paperwork he was required to fill out in the hospital waiting room. At one point, he put the clipboard aside and spent twenty minutes discovering a new black hole in a distant universe, just to briefly relax his mind.
While going over the forms, Hawking rolled his eyes, and his electronically synthesized voice box cried out in anger, "I don't understand any of this!" Eventually, Professor Hawking was admitted to a room, where he spent the next three hours trying to figure out the television remote control, and filling out a form for meal requests.
After being released from the hospital Hawking announced his new book, "The Discover of A New Black Hole: Britain's Health Care System".
Related Stories
- Taylor Swift sends Kanye West some soon to expire coupons
- Taylor Swift convinces Apple to help her disable location services on iPhone
- Kardashians practice resting bitch faces in hopes of being on new ten dollar bill
- Bunbury festival beer line expected to dissipate by All-Star Game
- Khloe Kardashian considers gender reassignment surgery to become a woman
- Tila Tequila autobiography to include free copy of George Bush memoirs
- Hugh Hefner and fiancee register for wedding gifts at funeral home
- Paula Deen adopts St. Bernard puppy, offers bid to buy Cincinnati Reds
- Susan Boyle's eyebrows sign separate record deal
- Fifth Third Loan Officer Thinks To Catch a Predator Is Really, Really Stupid
- FOX19s Frank Marzullo struggles daily with own adorableness


text:
Blonde animated delighting big dong
Delighting a huge male dong
Shemale slut pleasuring hard dong
Brunette shemale licking hard dong
Sexy ebony shemale tasting big dong
Busty blonde shemale plays with her hard dong
Sexy shemale bitch has one hung dong for horny stud outdoors
Sexy asian babe taking hard dong
Redhead shemale delighting big penis
Hot shemale delighting her dick
Sensual shemale delighting a cock
Shemale chick delighting long phallus
Skinny shemale in black delighting
Sexy Shemale Cums Hard On Her Big Tits By Tlh shemale porn shemales tranny porn trannies ladyboy ladyboys ts tgirl tgirls cd shemale cumshots transsex
Sexy twink is getting his hard dong sucked by homo
Delighting various hard shafts
Boy delighting his hard rooster
TrafficHolder.com - Buy and Sell Adult Traffic|Trafficshop.com - Let your business grow|Contact Us|Webmaster
All content, including images, text, graphics, video and audio content contained in the website is protected under the laws of copyright, owned or under license to company or its designees,and represents proprietary and valuable intellectual property.
Contact Webmaster 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
Powered by Stream Rotator


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
November 5, 2007
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.ROBERT HWANG, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Bergen County, 009-1106.
Submitted October 23, 2007
Before Judges Winkelstein and Yannotti.
Defendant Robert Hwang appeals from a judgment entered by Judge Lois Lipton on October 16, 2006, affirming after a de novo appeal his conviction in the municipal court of harassment, contrary to N.J.S.A. 2C:33-4b. We affirm.
On October 15, 2004, S.C. filed a complaint against defendant charging him with criminal sexual contact, contrary to N.J.S.A. 2C:14-3b. The Bergen County Prosecutor amended the complaint to charge harassment, contrary to N.J.S.A. 2C:33-4b, which is a petty disorderly persons offense. The matter was returned to the municipal court for trial. The trial took place on March 27, 2006.
We briefly summarize some of the evidence presented at trial. Defendant is a dentist and oral surgeon, who practices in Palisades Park, New Jersey. S.C. testified that on August 18, 2004, she went to defendant's office to have four wisdom teeth extracted. S.C. was nineteen years old at the time, and she wanted to have her wisdom teeth removed before she returned to college in Chicago. Defendant brought S.C. into the examining room, and placed her in the chair. She was wearing a low-cut short-sleeve shirt, a brassiere, and jeans. Defendant put an apron around S.C.'s neck. She said she was scared and cold. She started to shake and put her arms up across her chest.
According to S.C., defendant kept putting her arms down. S.C. said that defendant grabbed her right breast and started squeezing it. She thought this was a mistake because she was covered with the apron. S.C. said that she did not know what to do. Defendant grabbed both sides of her breasts and squeezed for several seconds. Defendant then gave S.C. an injection. S.C. said that she had no feeling around her teeth but she was alert. Defendant again touched her breasts and started to squeeze. S.C. was scared but remained still and had her wisdom teeth removed. After the procedure was concluded, S.C. paid the doctor with a check her mother had given to her and went to her car. She started crying.
The following day, S.C. went to an acupuncturist for treatment. She recounted what had happened at defendant's office. Later, S.C. told her parents. S.C. left to return to school in Chicago on August 26 or 27, 2004. When S.C. returned to New Jersey, she learned that her mother had stopped payment on the check that she had given to defendant for the treatment. S.C. decided to file the criminal complaint against defendant.
Defendant gave a different version of the incident. He said that when S.C. came to his office, he examined her and took x-rays. He determined that she had four impacted wisdom teeth and discussed the procedure with S.C. Defendant spoke with S.C.'s mother on the phone. He asked for $800 for the procedure but S.C.'s mother wanted a discount and he agreed to charge $700.
Defendant testified that he proceeded with the surgery. He placed S.C. in the "operating position" and put on a bib. Defendant injected a local anesthetic into S.C.'s gum. Defendant extracted two of the teeth and gave S.C. additional injections to numb the gums while doing so. Defendant noticed that S.C. was trembling and getting a bit disoriented. He stated that S.C. was bleeding. She was confused and uncooperative. S.C. covered her mouth and because he had blood on his hand, defendant used his elbow to move her hand so that he could stop the bleeding.
Defendant testified that S.C. started to "breath funny." She was still trembling. Defendant asked S.C. if she was cold and she did not respond. He said that she was almost fainting. Defendant answered that he looked for a blanket but did not have one in the office. He started manual cardiopulmonary resuscitation (CPR). Defendant said that S.C. was experiencing "respiratory arrest," meaning irregular breathing. He used his elbow to start normal breathing. S.C. was still holding her hands up. Defendant testified that S.C.'s breathing improved. She was "getting better." He then proceeded to remove the other two teeth. Afterwards, defendant gave S.C. post-operative instructions.
Before S.C. left the office, she spoke again with her mother on the telephone. S.C. filled out the check, signed it and gave the check to defendant's secretary. S.C. then left the office. The next day, defendant spoke with S.C.'s mother. She told him that she "had a financial problem" and asked him to hold the check. According to defendant, S.C.'s mother said that she was going to send her husband to the office the next day to pay half of the bill with a check and half with a credit card. S.C.'s mother did not say that she wanted to speak with him about something that happened to her daughter. S.C.'s father did not show up at defendant's office the following day.
Defendant subsequently deposited the check that had been given to him by S.C. but the check was returned because payment had been stopped. Defendant tried to contact S.C.'s mother but he was not able to do so. On September 21, 2004, defendant sent a collection letter to S.C.'s mother. On October 15, 2004, he learned that S.C. had filed a criminal complaint against him.
On cross-examination, defendant admitted that he placed his elbow on S.C.'s chest area. He said that the only reason for doing so was to stabilize S.C.'s breathing. Defendant asserted that he pressed upon S.C.'s chest area five or six times. He denied that he placed his hand on S.C.'s breast area before administering "the numbing shot."
The municipal court judge rendered his decision on April 3, 2006. The judge found S.C.'s testimony to be credible. He accepted S.C.'s statement that defendant touched her breasts on several occasions during the surgery. The judge further found that defendant's testimony was not credible. He noted that if S.C. had experienced "respiratory arrest," as defendant claimed, this would have been a serious medical condition that might lead to death.
The judge additionally found that it was not believable that defendant would not have used his hands to exert pressure on S.C.'s chest cavity merely because he had blood on his gloved hands. The judge stated that if S.C. had experienced "respiratory arrest," a call for assistance would have been made to the receptionist or 9-1-1. The judge added that it was not credible that defendant would administer CPR using his forearms, or that the surgery would have continued after S.C. had such an adverse reaction to the procedure.
The judge also found that the evidence established beyond a reasonable doubt that defendant "took advantage of the young, college student and [touched] her breasts with no legitimate purpose." The judge found defendant guilty of harassment. He imposed a fine of $506, costs of $33, a $50 assessment for the Violent Crimes Compensation Board, and a $75 Safe Neighborhood Services Fund assessment. The judge also ordered defendant to serve thirty days of community service.
Defendant thereafter sought de novo review by the Law Division. The matter was heard on October 16, 2006, and Judge Lipton placed her decision on the record that day. The judge found that S.C.'s testimony was credible and defendant's version of what had occurred was not. The judge rejected defendant's assertion that S.C. made up the allegations because she wanted to avoid paying $700 for the surgery. The judge also noted that in the circumstances it was understandable that S.C. would tell her acupuncturist about the incident before she told her parents.
The judge found defendant guilty of harassment and imposed the same fines and assessments that had been imposed by the municipal court judge; however, the judge reduced the community service to twenty days. An order memorializing defendant's conviction and sentence was entered on October 16, 2006. This appeal followed.
Defendant raises the following points for our consideration:
We have carefully considered the record in light of these contentions and the applicable law. We are convinced that there is no merit in the arguments advanced by defendant on this appeal. Therefore, we affirm substantially for the reasons stated by Judge Lipton in the decision that she placed on the record on October 16, 2006. R. 2:11-3(e)(2). We add the following brief comments.
Here, defendant's appeal is primarily addressed at the factual findings and credibility determinations made by the municipal court judge and by Judge Lipton. Defendant asserts that S.C.'s testimony was not credible. He points to S.C.'s delay in filing her complaint. He asserts that the "squabble" over his bill provided "ample motivation" for S.C. and her mother to make what he says are false accusations. Defendant also maintains that S.C. failed to act in a manner that would be expected from someone who had been the victim of unwanted contact. Defendant insists that at a minimum the evidence established reasonable doubt justifying his acquittal in this case.
The standard of review applicable to this appeal does not permit us to weigh the evidence and make credibility determinations as if we were deciding the matter in the first instance. State v. Johnson, 42 N.J. 146, 161 (1964). Rather, our role is to determine whether the findings of the trial court "could reasonably have been reached on sufficient credible evidence present in the record." Ibid. We must defer to the trial judges' findings when they "are substantially influenced by [the] opportunity to hear and see the witnesses and to have the 'feel' of the case which a reviewing court cannot enjoy." Ibid.
Moreover, our deference to findings made by trial judges is particularly appropriate when, as in this matter, "two lower courts have entered concurrent judgments on purely factual issues." State v. Locurto, 157 N.J. 463, 474 (1999). "Under the two-court rule, appellate courts ordinarily should not undertake to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious and exceptional showing of error." Ibid. (citing Midler v. Heinowitz, 10 N.J. 123, 128-29 (1952)).
As we have pointed out, the municipal court judge found that S.C.'s testimony was credible and defendant's was not. Judge Lipton reached the same conclusion. We are satisfied that there is ample credible evidence in the record to support those determinations.
© 1992-2007 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
TopAgencies @topagencies
RT @HudsonIntegratd: Happy Birthday, Chris! Enjoy these yummy cupcakes! https://t.co/VbBuq81t9Z
Top Interactive Agencies / Best Digital Agencies | December 9, 2016
Digital Logic Marketing Solutions is a full-service digital marketing agency that specialises in online and offline campaigns for medium to large-sized companies.
Headquarters: 477 Warrigal Road, PO Box 1269, Moorabbin VIC 3189, Australia
Phone: +61 3 9555 5001


text: ...Bamboo Fire Café is the Caribbean food of the people. All the people! What a wondrous find in Delray Beach after exiting Devour Brewing Company and in need of some sustenance. Small place, very modest but with a great Caribbean list of delightful dishes to choose from: Chicken, you can have it Jerk, curry, grilled or escoveitch (pickled vegetables), Basa... More


text:
Unpreparedness is One's Greatest Enemy!!
6,212pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
|"Unpreparedness is One's Greatest Enemy!!"
|(油断大敵!!, Yudan Taiteki!!, Viz: Pride Goeth Before a Fall)
|Chapter Info
|Naruto Uzumaki (#1)
|"Kakashi Hatake!!"
|Naruto #5
|"Only for Sasuke…!!"
|Prologue — Land of Waves
|Naruto #4
Sasuke and Sakura go into hiding, planning to ambush Kakashi when an opportunity presents itself. Naruto takes a direct approach and confronts Kakashi, planning to immediately take one of his two bells so that he can have something to eat. Kakashi repels Naruto's attacks with little effort, all without interrupting his reading of an Icha Icha book. Kakashi warns Naruto to avoids showing his bind spot to an enemy and attacks with One Thousand Years of Death that sends Naruto crashing into a nearby lake. Frustrated by the ease with which he is being defeated, Naruto creates a number of shadow clones to overpower Kakashi. The clones capture and attack Kakashi, only to discover that Kakashi is another of Naruto's shadow clones.


text: Something for Everyone! This double gated, special view home has 2 master suites + 3 other bedrooms, 4 full baths, nicely remodeled kitchen with nook, formal living & dining & a fabulous rustic family room/man cave! 4 fireplaces in LR, Fam Rm & master suites. Indoor laundry room & even a Butler's Pantry. Pool, large lawns, 3 car detached garage, large workshop & approximately 3000 sq ft finished off barn/shop with concrete floors. 3 ponds, plentiful landscaping and some horse amenities.


text:
It is safe to say Toronto Mayor Rob Ford is under more pressure and is more vulnerable than he has been for the duration of his political career. Nominations for the 2014 municipal election open up in a few months and he would be wise to consider the implications that will have on him.
The . . . → Read More: John Laforet – Blog: Ford Has to Stop Making it Easy


text:
|Company News
Help, I forgot my username and/or password
Court orders Tamweel to return cheques after Nakheel fails to register property
A Dubai investor has won the right to cancel her Ijara agreement – a Sharia compliant mortgage – for an off-plan villa in Al Furjan after the developer, Nakheel, failed to register the property with the Land Department.
In a decision that could have wider implications, the Court of First Instance ordered Islamic financial institution Tamweel to return more than AED1.4m ($391,000) worth of undated cheques that had been signed by the investor and were to be used to pay 33 instalments under the agreement.
Unlike a standard mortgage, under an Ijara agreement the financial institution purchases the property from the developer and essentially rents it to the investor with a promise to transfer ownership after an agreed period.
The court found that while the wording of the Ijara agreement describes it as a lease, the intention was a contract of sale and Tamweel was obliged to provide the property for rent from October 31, 2010.
The investor, a Finnish woman, arranged the Ijara agreement for an AED2.92m villa in Nakheel's Al Furjan development near Jebel Ali in June 2008.
The villas were due to be completed by October 2010 but the real estate market collapse caused the project to be delayed. Nakheel, owned by the Dubai government and famous for projects such as The Palm and The World, was one of the hardest hit developers in Dubai.
Construction still was yet to start when the woman initiated court proceedings in early 2012, seeking to have the Ijara agreement annulled due to the delays. Last month, Nakheel said it had handed over 95 percent of the villas.
However, on April 21, the court found Nakheel had failed to register the off-plan property at the centre of the case with the Interim Real Estate Register, a Dubai Land Department initiative introduced after the property market crash to make off-plan investments more secure.
The court ruled that because the property was not registered the Ijara contract was void, leaving Tamweel liable for the purchase of the property.
The plaintiff's lawyer, Fareya Azfar, partner at The Legal Group, told Arabian Business the judgement could have wider implications for off-plan property purchases under an Ijara agreement.
Until now it was believed the end-user, who has no contract with the developer, had no legal avenue if the property was delayed or not registered.
Meanwhile, it could place extra burden on the financial institution.
"The judgement clarifies where each party in an Ijara form of financing would stand in the event that financed properties are not delivered," Azfar said.
"It allows the investors a way forward [if the property is delayed or not completed]. The parties' relationships would not be left open-ended; an event of non-delivery or non-registration could be grounds for cancellation of an Ijara agreement with the financial institution."
The decision also leaves the door open for Tamweel to sue Nakheel over lost earnings from the cancelled contract.
A spokesperson for Tamweel said it intended to appeal the decision and would not comment further.
Nakheel did not respond to requests for comment.
|0.0 (%)
Disclaimer:The view expressed here by our readers are not necessarily shared by Arabian Business, its employees, sponsors or its advertisers.
Please post responsibly. Commenter Rules
Everywhere vertical developments are creating congestion due to high density of population in each such area and due to limited entry exit points it creates... moreThursday, 8 December 2016 1:16 PM - Paras
I agree with WHJ. I travel weekly to Europe and believe me some 3 stars Michelin are not worth it when 1 star are awesome. Example of La petite maison... moreWednesday, 7 December 2016 8:58 AM - savio
The Middle East are the largest customers to Boeing currently, the GCC Carriers are in actual fact creating jobs within the U.S. economy, this element... moreTuesday, 6 December 2016 9:21 AM - James Binding
Everywhere vertical developments are creating congestion due to high density of population in each such area and due to limited entry exit points it creates... moreThursday, 8 December 2016 1:16 PM - Paras
To me the reason is obvious; Emirates air fares are way too high. Most airlines have dropped their fares to keep up with competition from low-cost airlines... moreTuesday, 15 November 2016 9:14 AM - SAM
I agree with WHJ. I travel weekly to Europe and believe me some 3 stars Michelin are not worth it when 1 star are awesome. Example of La petite maison... moreWednesday, 7 December 2016 8:58 AM - savio


text:
Spatula Hand Protector
Anti-Oil Spill, Anti-Oil Splash, Turner Cover
Oil spills in frying are definitely scary at times! This spatula hand protector keeps the holder not too hot during the process of cooking and at the same time shields you from the horrible oil spills and splashes in turning or mixing food! Made of good quality material, non-toxic and odorless.
Shop now!
Type: Utensils
Feature: Eco-Friendly,Stocked
Certification: CE / EU,CIQ
Material: TRP
Utensils Type: Other
Size: 12*7*13cm


text:
4 Reach Truck Driver Jobs in Kzn
1-4 of 4 Jobs
Mount Edgecombe, KwaZulu-Natal
CODE 14 DRIVERS SUPERLINK, REACH TRUCK DRIVERS, RIDE-ON AND MAN-UP OPERATOR. LSC a division of Imperial Group are currently searching for....from: JustTheJob.co.za - 2 days ago
Gumtree.co.za - Durban, KwaZulu-Natal 4001
THE SERVICES OF REACH TRUCK DRIVERS ARE REQUIRED FOR A REPUTABLE RETAILER IN PHOENIX INDUSTRIAL PARK. THE FOLLOWING MINUMUM REQUIREMENTS MUST BE MET:....from: Gumtree ZA - 6 days ago
Gumtree.co.za - Phoenix, KwaZulu-Natal 4156
Reach Truck driver with warehousing experience drop of Cv at 2 Hunslet road, Phoenix Industrial Park. Company Seeking the following :....from: Gumtree ZA - 6 days ago
Spartan Truck Hire - Durban, KwaZulu-Natal
Candidates who have previous experience in the Truck rental will take preference. Minimum of 5 Years' experience preferably in Truck Rental or a service sales...from: Indeed - 30+ days ago
jobs by


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
decided: April 7, 1947.
BRUCE'S JUICES, INCv.AMERICAN CAN CO.
Vinson, Black, Reed, Frankfurter, Douglas, Murphy, Jackson, Rutledge, Burton
[ 330 U.S. Page 744]
MR. JUSTICE JACKSON delivered the opinion of the Court.
The federal question which survives proceedings in the Florida state courts is whether renewal notes representing the purchase price of goods sold and delivered are uncollectible if it is found that the vendor violated the Robinson-Patman Act, 49 Stat. 1526, 1528; 15 U. S. C. §§ 13, 13a.
Bruce is a canner and, over a period of years, bought its cans chiefly from The American Can Company. A debt accumulated which was put into promissory notes and on one or more occasions they were renewed, reduced by amounts which had been paid. Upon eventual default, two suits, later consolidated, were brought on renewal notes aggregating about $114,000. As to each note, Bruce pleaded in defense that "the consideration for said notes is illegal and said notes void and of no force and effect." This was said to be for the reason that the Can Company had sold to others at prices which discriminated against Bruce and thereby violated the Robinson-Patman Act.
The alleged discrimination chiefly relied upon consisted of quantity discounts. Annual purchases by Bruce
[ 330 U.S. Page 745]
were about $350,000. Some other canners bought much larger quantities. The Can Company's contract with all its customers allowed a discount of 1% on annual purchases of $500,000, and nothing to those whose purchases were less than that. It was so graduated as to give a maximum discount of 5% to a customer whose purchases were $7,000,000 a year. The consequence is that relatively small packers pay 5% more for their cans than their largest competitors.
It is claimed that this advantage to quantity buyers renders the quantity discount per se a violation of the Robinson-Patman Act. To sustain the defense in this case it would be necessary to so hold. It is not denied that Bruce got the same discounts as other purchasers of like quantities when it qualified, and in one year Bruce was in the $500,000 bracket and received the 1% discount. It is not claimed that the Can Company failed to give discounts where earned under this uniform contract, or that discounts were given where not so earned. Bruce received the same discounts as others within its classification and it is not questioned that had it been a purchaser of larger quantities it would have been allowed the same discount as other purchasers of that class.
Before a court could sustain the defense in this particular case, it would also have to overcome other difficulties of law and fact. The Act does not prohibit all quantity discounts but expressly permits them under certain conditions. It indicates, too, that the Federal Trade Commission is the appropriate tribunal to hear in the first instance the complicated issues growing out of grievances against a quantity discount practice of a seller. 49 Stat. 1526; 15 U. S. C. § 13 (a). Quantity discounts are among the oldest, most widely employed and best known of discount practices. They are common in retail trade, wholesale trade, and manufacturer-jobber relations. They are common in regulated as well as unregulated
[ 330 U.S. Page 746]
price structures. Congress refused to declare flatly that they are illegal. They become illegal only under certain conditions and when they are illegal it is as much a violation to accept or receive as to allow them. Bruce, in one of the years included in its balance of account, purchased more than a half million dollars of cans on which it received precisely the kind and amount of discount it now asserts to be illegal.
The argument is made that such a remedy as Bruce seeks here would support the anti-monopoly policy of Congress. But Bruce is not complaining of the high price of cans. Bruce complains of a lower price for cans to others -- which would enable competitors to put their products on the market cheaper. This may well put Bruce to some disadvantage, but it does not follow that Congress would forbid the savings of large-scale mass production to be passed along to consumers. The economic effects on competition of such discounts are for the Trade Commission to judge. Until the Commission has determined the question, courts are not given guidance as to what the public interest does require concerning the harm or benefit of these quantity discounts on the ultimate public interests sought to be protected in the Act. It would be a far-reaching decision to outlaw all quantity discounts. Courts should not rush in where Congress feared to tread.
Because of a more fundamental defect in petitioner's case, however, the Court does not find it necessary to consider the effect of these features of the Act on this case, as would be necessary before a conclusion could be reached that petitioner should win on the merits. On the questions of fact, considerable evidence was taken at pre-trial hearings and the parties are in dispute as to whether the decision thereon was a final judgment and, if so, as to whether the defense was not also adjudicated to be insufficient on the facts. Although the record is unsatisfactory,
[ 330 U.S. Page 747]
we take it that all of the sales evidenced by the notes were made after the passing of the Robinson-Patman Act. It appears, however, that the notes are not identified with any particular sale but represent a balance remaining on a running account of sales and credits in many of which a claim of discrimination might not be supportable. The indebtedness they supplant is conceded to have been incurred before February, 1940. The purchases covered at least a four-year period and involved two types of cans. The purchase price which Bruce asks us to excuse it from paying is not identified either as to type of can or date of transaction. But petitioner contends that it is not necessary in proving a discrimination to show that others received a different discount on the same type of can at approximately the same time "because the scheme of discount by aggregate dollar volume of annual sales comprehends all cans bought whatever their size or price." To sustain this position would mean that a sale to a competitor of large cans in 1940 at a higher discount invalidated a sale of small cans to petitioner in 1936 so that petitioner need not pay the contract price for cans delivered that year. The contention is simply that if some purchasers got larger discounts on any bill for cans than petitioner got, the bill against petitioner and notes in settlement and extension of it are uncollectible.
However, for the purposes of this decision, in view of the uncertain nature of the proceedings below, we assume, but do not decide, that the defense on the facts has been or could be established as pleaded. We do not decide whether the quantity discount plan, whatever the facts were, violated the Robinson-Patman Act. The sole question we decide is whether notes given for purchases are unenforceable if the quantity discount plan violates the Act. Petitioner suggests that the Court may take two paths to the answer, but that the answer will be yes. The
[ 330 U.S. Page 748]
broad ground petitioner offers is "that a transaction unlawful under the Robinson-Patman Act constitutes criminal conduct upon which no money judgment can be based." Petitioner also offers a narrow ground on which we can yet decide in its favor. "But, if it be admitted that the buyer [sic] is entitled to the fair value of the goods," petitioner says, respondent probably already has been paid the fair value of all the cans bought in 1936-40. When that value has been determined by the trial court, it urges, it will be found that the amount in notes is substantially equivalent to the amount of discrimination in discount.*fn1
In effect, petitioner is treating the $114,000 in notes as representing the discount it claims it should have gotten on its 1937-42 purchases of $2,000,000. This alternative argument is that petitioner is liable only for the fair value of all the cans it bought, and in this suit it asks the courts to determine what that fair value was. But the fact is that as to the transactions for which petitioner paid $2,000,000 it has already paid the agreed price. Those transactions cannot be identified with particularity, but they were paid for at respondent's prices. Petitioner did not allege and does not contend that the notes represent specific transactions or that the sales for which they were given could be identified. Mr. Bruce conceded in his testimony that the notes simply represent a balance of an account which mingled the prices of individual transactions.*fn2
[ 330 U.S. Page 749]
In its brief here, petitioner's only response to respondent's statement that "None of the original notes . . . had been tied to a particular transaction" is that "The record shows that all of the notes are tied to the entire series of transactions." There may be substantial equivalence numerically in the amount of the notes and the amount of alleged discrimination, but it cannot be said that the notes represent the separate item of price discrimination.*fn3
[ 330 U.S. Page 750]
The Act prescribes sanctions, and it does not make uncollectibility of the purchase price one of them. Violation of the Act is made criminal and upon conviction a violator may be fined or imprisoned. 49 Stat. 1528, 15 U. S. C. § 13a. Any person who is injured in his business or property by reason of anything forbidden therein may sue and recover threefold the damages by him sustained and the costs of suit, including a reasonable attorney's fee. 38 Stat. 731, 15 U. S. C. § 15. This triple damage provision to redress private injury and the criminal proceedings to vindicate the public interest are the only sanctions provided by Congress.
It is contended that we should act judicially to add a sanction not provided by Congress by declaring the purchase price of goods uncollectible where the vendor has violated the Act. It may be admitted as argued that such a sanction would be an effective enforcement provision. Addressed to Congress, this argument might be persuasive, but the very fact that it would obviously be an effective sanction makes it even more significant that
[ 330 U.S. Page 751]
the Act made no provision for it; that no committee dealing with the Robinson-Patman Act proposed it; that not one word suggesting its consideration appears in the debates of Congress; no proponent of the Act pointed out in its favor that it would be self-enforcing because of this sanction; and no opponent pointed with alarm to the consequences of such a drastic sanction on the commerce of the nation. On the contrary, a proposed provision of the Act, passed only by the Senate which later receded, shows that Congress gave consideration to no sanction more extreme than to compel the remission of the excess charged. See S. 3154, § 2 (d), 74th Cong., 1st Sess., S. Rep. No. 1502, 74th Cong., 2d Sess., p. 8: Conference Rep., H. Rep. No. 2951, 74th Cong., 2d Sess., p. 8. Congress declined to adopt this relatively moderate provision and at no time does it appear that either house of Congress wanted to go so far as to permit a buyer to get goods for nothing.
Where the interests of individuals or private groups or those who bear a special relation to the prohibition of a statute are identical with the public interest in having a statute enforced, it is not uncommon to permit them to invoke sanctions. This stimulates one set of private interest to combat transgressions by another without resort to governmental enforcement agencies. Such remedies have the advantage of putting back of such statutes a strong and reliable motive for enforcement, which relieves the Government of cost of enforcement. Such private remedies lose, of course, whatever advantage there may be in the presumed disinterested, public interest standards and expertness of a governmental agency which has the initiative control of retributory measures. It is clear Congress intended to use private self-interest as a means of enforcement and to arm injured persons with private means to retribution when it gave to any injured
[ 330 U.S. Page 752]
party a private cause of action in which his damages are to be made good threefold, with costs of suit and reasonable attorney's fee.
Bruce, it appears, already has undertaken the triple damage suit remedy against the Can Company. Bruce's Juices, Inc. v. American Can Co., No. 569, Civ. T., S. D. Fla., 1942. To indicate its need that the Court establish this additional remedy unauthorized by Congress, it seeks to discredit and belittle both of the remedies Congress has expressly authorized. It says, "The triple damage suit is likely to prove protracted and expensive; damages caused by a disadvantageous competitive position are so speculative as to be usually unprovable. Nor can the buyer rely for protection upon the action of the government. The Department of Justice or the Federal Trade Commission may never get around to the matter." It is a little dubious whether the sort of remedy which has been in litigation over four years in this case which Bruce asks us to reverse and send back again, is an antidote for "protracted and expensive" triple damage suits. Moreover, if Bruce can in this suit prove that the prices respondent charged were illegal, as it must in order to win, it can do the same in a triple damage suit. The damages sustained because of discrimination are no more "speculative" nor "unprovable" in one suit than in the other, and their establishment in the statutory form of action carries a bonus.
Annexation of the proposed defense to the statute by implication either as an inference of unexpressed intention of Congress or as the result of some doctrine of common law, would be justified only if it would be at least a rational, nondiscriminatory and appropriate means of making the policy of the statute effective. To allow a buyer to get his goods for nothing because the seller violated the Act by giving someone else a greater discount, does not meet this test.
[ 330 U.S. Page 753]
It would seem that one test of the rationality and appropriateness of such a defense because of a violation of the Act would be that the reparation it permits should be measured at least roughly by the extent of the injury caused by the violation. This, of course, is the principle of the suit for triple damages. But that is not the principle of the defense here urged. The extent of its indemnity is not measured by injury, and not measured by the dealings affected with the alleged violation. It is measured solely by the amount of credit the buyer obtained from the seller. The seller would lose the amount carried in notes or in open account. Had Bruce's delinquency been greater, so would its gain; had there been no credit asked or given the buyer could have had no remedy by way of defense. The obvious consequence would be to discourage vendors from extending credit where the operation of this rather difficult statute is in doubt. Since the danger of loss under the proposed remedy is greatest in the case of small buyers who get small discounts, the consequence would be to deny the small buyers credit and trust only those who, having the largest discounts, would be least likely to defend on a claim of violation. This result would hardly comport with the argument, so much dwelt upon by petitioner, that its status is that of a small business concern trying to battle a business giant. But we cannot suppose that "little fellows" are always buyers and only giants sell goods. Bruce itself is a seller of canned goods and if its trade practices include quantity discounts, this "little" canner might be on the other side of the same issue trying to collect against a small wholesaler who had less discount than a larger one. To decide issues of law on the size of the person who gets advantage or claims disadvantage is treacherous.
This construction which would make a grant of credit a point of vulnerability could be avoided only by holding that the whole purchase price, not merely that involved
[ 330 U.S. Page 754]
in the credit, is uncollectible and recoverable even if voluntarily paid. In that case, the volume of the transaction, rather than the volume of the credit extended, would measure the loss a seller might suffer from violating the Act.
But, of course, if the discount system of the Can Company makes all of the Bruce purchases illegal and the price thereof recoverable, all sales to others under the discount system must be similarly tainted. It is hard to see how any of the Can Company's sales are valid if these to Bruce are void on the theory advanced. If this view is taken, certainly the remedy would soon end illegal quantity business discounts -- by ending the business. We do not believe Congress has contemplated so deadly a remedy or has left the way open to us by judicial edict to dislocate business as such a holding would do. It must not be forgotten that such a decision would have retroactive effect for several years and unsettle many accounts. We cannot justify a judicial declaration to this effect.
But if only a few cases are to be unsettled -- those, say, in positions similar to Bruce's -- what becomes of the policy of nondiscrimination? Other canners who have paid cash find themselves competing with Bruce who is absolved from paying for a very large part of its cans -- something like one-third of its annual dollar volume being involved in this case. In other words, as penalty for establishing a uniform one to five percent discount, the Can Company would be obliged to give Bruce something over a 30% discount on one year, or about 5% on all purchases shown by the evidence ever to have been made.
It is urged that holdings under the Sherman Antitrust Act supply an analogy for allowing this defense under the Robinson-Patman Act. The former provides, among other things, that every contract in restraint of trade or commerce "is hereby declared to be illegal." 26 Stat. 209,
[ 330 U.S. Page 75550]
Stat. 693, 15 U. S. C. § 1. This Court has held that where a suit is based upon an agreement to which both defendant and plaintiff are parties, and which has as its object and effect accomplishment of illegal ends which would be consummated by the judgment sought, the Court will entertain the defense that the contract in suit is illegal under the express provision of that statute. Continental Wall Paper Co. v. Louis Voight and Sons Co., 212 U.S. 227. Cf. Sola Electric Co. v. Jefferson Electric Co., 317 U.S. 173. But when the contract sued upon is not intrinsically illegal, the Court has refused to allow property to be obtained under a contract of sale without enforcing the duty to pay for it because of violations of the Sherman Act not inhering in the particular contract in suit and has reaffirmed the "doctrine that 'where a statute creates a new offense and denounces the penalty, or gives a new right and declares the remedy, the punishment or the remedy can be only that which the statute prescribes.'" D. R. Wilder Mfg. Co. v. Corn Products Refining Co., 236 U.S. 165, 174-175; Connolly v. Union Sewer Pipe Co., 184 U.S. 540.
Moreover, no single sale can violate the Robinson-Patman Act. At least two transactions must take place in order to constitute a discrimination. Thus, a contract may be made today which has no legal defect under the Robinson-Patman Act. A week later, another sale may be made at a different price or at a different discount, and the latter taken into consideration with the former may establish a discrimination. Whether a sale would be rendered void only because of simultaneous discrimination or pre-existing ones, or whether a contract valid when made becomes void by reason of later transactions, and, if so, how much later, are questions we need not decide now. It is plain that the violation, if there was one, is not inherent in the contract sued upon, whether it be the notes or the sale of the goods, but can only be found in different transactions
[ 330 U.S. Page 756]
which a party to the litigation had with third persons who are not parties. No such defense has been approved under the Sherman Act, and, furthermore, these characteristics show that the entire basis for judging under the two Acts is different and that the case law as to the Sherman Act does not fit the Robinson-Patman Act.
None the less, we are urged to supply judicially the sanction of invalidating obligations to pay for goods sold and delivered because, it is said, otherwise the courts become parties to the enforcement of a discrimination. If, in order to prove his own case, a plaintiff proves his violation of law, then no court will aid the plaintiff to recover.*fn4 Here, however, what the plaintiff must show is the notes which import consideration. If consideration is denied, he can prove that cans were sold and delivered at a stated price. That is no violation of law. It is only when the Court goes outside of the dealings between plaintiff and defendant and it is proved that the same kind of cans were sold to others at different prices within a relevant period of time, amounting to a discrimination -- a fact unnecessary to sustain the plaintiff's cause of action -- that the basis of the defense asserted here appears. The Court does not give its approval to transactions between one of the litigants and a third party just because it holds them irrelevant in this litigation.
The defendant's claim to be freed of the obligation to pay his promissory note because the payee, as vendor of cans, made sales to others that when compared with sales
[ 330 U.S. Page 757]
to itself may be held unlawfully discriminatory, cannot be supported as resting on any congressional word or policy. Not only was this remedy not named by Congress, but it would be surprising if it had been, in view of the remedies Congress did give. We have assumed for the purposes of this case that petitioner could establish that the prices respondent charged were discriminatory so that they violated the Act. But if petitioner can show that, clearly it would be entitled to recover in a triple damage suit supported by the same evidence. For despite petitioner's plaint on the difficulty of proving damages, it would establish its right to recover three times the discriminatory difference without proving more than the illegality of the prices. If the prices are illegally discriminatory, petitioner has been damaged, in the absence of extraordinary circumstances, at least in the amount of that discrimination. No reason suggests itself why Congress should have intended a remedy by which the victim of discrimination could recover by defense only one-third of what he could recover, on the same proof, by offense. The inducement of thrice the damages suffered may bring the sufferer to aid in enforcement of the statute. To assure his help, however, it would hardly be thought appropriate to offer him the choice of taking only one-third that amount. Since the remedy embodied in petitioner's second theory would be but a weak one-third shadow of the one Congress expressly gave, we cannot see the need for judicial reduplication in miniature. We hold that federal law does not support the defense alleged and the judgment of the Florida Supreme Court is
155 Fla. 877, 22 So. 2d 461, affirmed.
MR. JUSTICE MURPHY, dissenting.
The issue in this case is whether sellers of goods should be allowed to use the courts to collect price differentials which have been made illegal by Congress in the Robinson-Patman
[ 330 U.S. Page 758]
Act. The Court approaches but never quite meets that issue. But the unmistakable effect of the Court's decision is to permit the recovery of discriminatory prices despite the plain language and policy of the Act and despite the lessening of competition that might thereby result. I remain unconvinced, however, that such a result is consistent with the high ideals of our judicial system or that it is made necessary by any rule of law or policy.
Section 3 of the Act makes it unlawful for any person to be a party to any sale which discriminates, to his knowledge, against competitors of a purchaser by granting to that purchaser "any discount, rebate, allowance, or advertising service charge" not available to the competitors in respect of a sale of goods of like grade, quality and quantity. 15 U. S. C. § 13a. Section 2 (a) of the Clayton Act, as amended by the Robinson-Patman Act, makes it unlawful for any person "to discriminate in price between different purchasers of commodities of like grade and quality" where the result is to lessen competition or to tend to create a monopoly. 15 U. S. C. § 13 (a). It is in light of these statutory provisions that we must examine the opinion of the Court.
1. The Court proceeds on the basic assumption, unsupported by the record or by petitioner's contentions, that the petitioner is seeking to avoid all liability for the cans sold to it by the respondent. No such assumption is justified. Petitioner's brief, it is true, suggests two alternative theories in support of its position: (1) a transaction unlawful under the Robinson-Patman Act constitutes criminal action upon which no money judgment can be based; (2) discriminatory prices over and above the fair value of the goods cannot be collected by the seller. But petitioner does not pursue the first alternative, pointing out that only the second and narrower alternative is presented by the record. Thus the only contention really
[ 330 U.S. Page 759]
before us is that promissory notes cannot be collected by legal action to the extent that they represent a price differential outlawed by Congress. As petitioner notes, this contention "does not require the Court to decide that the entire transaction is so tainted with illegality that the seller cannot collect even the fair value of the goods, thus giving the buyer a windfall." If the petitioner were to prevail in this case and the promissory notes were to be declared unenforceable, respondent would still be free to recover on a quantum meruit basis if it has not already so recovered. See Penn-Allen Cement Co. v. Phillips & Southerland, 182 N. C. 437, 109 S. E. 257.
Moreover, there is a strong indication that petitioner already may have paid the respondent the fair value of the cans. Since the passage of the Robinson-Patman Act, petitioner has had a continuing account with the respondent; under that account, petitioner paid respondent more than $2,000,000 for cans during the period from 1937 to 1942. When this suit was instituted, petitioner owed a balance of $114,000 on this account, represented by the promissory notes in issue here. To deny enforceability to those notes might thus affect only the discriminatory price differential, which the Court assumes violated the Robinson-Patman Act.
It also appears that the quantity discounts in issue were based upon the aggregate dollar value of annual sales rather than upon individual transactions. The discriminatory differentials had a like basis. Hence it is enough if petitioner can prove that the $114,000 in notes represents an illegal differential from this over-all standpoint.
The Court states, however, that the transactions represented by the $114,000 cannot be identified and that this figure cannot be said to reflect the separate item of price discrimination. But such sentiments are necessarily premature in the present posture of the case; petitioner
[ 330 U.S. Page 760]
has not yet had a full opportunity to present all its evidence or to try to connect the notes with a discriminatory differential. Petitioner concededly has the burden of proving that the $114,000 in notes does represent the discriminatory part of the purchase price, whether in relation to specific transactions or to the aggregate dollar volume of annual sales. If it cannot so prove, its case collapses. The important and the only point now is that petitioner should be given the chance to prove this defense. We should not shut the court's door in petitioner's face before it has had that chance. Nor should we prejudice that defense by holding or intimating that proof is impossible. Certainly the right to offer and prove a defense is not to be denied because a court thinks that the purported defense has not yet been proved. It is one thing to raise a defense; it is quite another to prove it. Since we are concerned here only with the first proposition, it is beside the point whether the defense has been or can be proved.
We may thus dismiss as unwarranted the Court's fear that petitioner is going to get something for nothing if its contention is sustained. It is pleading only for the right to defend against the collection of that which Congress has declared illegal.
2. Equally irrelevant is the Court's inquiry into whether Congress "wanted to go so far as to permit a buyer to get goods for nothing" where the Robinson-Patman Act has been violated. In the case before us, the only relevant inquiry is whether the Robinson-Patman Act was designed to allow sellers to recover illegal price differentials through court action. A determination that the Act precludes such a recovery does not involve a finding that the framers of the Act desired these sellers to forfeit all the value of the products on which they placed an illegal price differential. It involves simply a finding
[ 330 U.S. Page 761]
that the language and policy of the Act frown upon the use of the courts to effectuate what Congress clearly made illegal.
3. The Court thinks it significant that the Robinson-Patman Act makes no provision for a buyer interposing the vendor's violation of the Act as a defense to a suit by the vendor. It is said that the triple damage actions and the criminal proceedings are the exclusive sanctions provided by Congress for the enforcement of the Act.
[ 330 U.S. Page 762]
This overlooks the fact, however, that a specific statutory provision is unnecessary to make an illegal contract unenforceable in the courts. Where a contract is outlawed by statute or is otherwise contrary to public policy, the illegality may be set up as a defense to a suit for enforcement despite the absence of a legislative recognition of that defense. Otherwise the courts would become parties to the illegality by sanctioning the enforcement of the unlawful agreements. McMullen v. Hoffman, 174 U.S. 639, 669-670. This principle has been applied many times by this Court. At an early date it was recognized that, despite the absence of a provision in the Sherman Act authorizing a defense of illegality in a private suit on a contract, such a defense might be used, that "any one sued upon a contract may set up as a defence that it is a violation of the act of Congress, and if found to be so, that fact will constitute a good defence to the action." Bement v. National Harrow Co., 186 U.S. 70, 88. Continental Wall Paper Co. v. Voight & Sons Co., 212 U.S. 227. Similarly, without specific statutory permission, private litigants have been allowed to invoke the policy of the antitrust laws so as to limit the scope of patent rights. Mercoid Corp. v. Mid-Continent Co., 320 U.S. 661; Sola Electric Co. v. Jefferson Electric Co., 317 U.S. 173; B. B. Chemical Co. v. Ellis, 314 U.S. 495; Morton Salt Co. v. Suppiger Co., 314 U.S. 488; Katzinger Page 762} Co. v. Chicago Mfg. Co., 329 U.S. 394; MacGregor v. Westinghouse Co., 329 U.S. 402.
And so when a contract or promissory note is tainted with a violation of the Robinson-Patman Act, its enforcement should be refused by a court, at least to the extent of the illegality involved. The failure of Congress to mention such a sanction slips into insignificance in the light of precedents in analogous situations.
4. The Court holds, however, that the Robinson-Patman Act invalidates discrimination rather than contracts of sale at discount and that the analogy of denying the enforcement of contracts violative of other antitrust laws is imperfect.
But such a holding misconceives the very nature of the Robinson-Patman Act and the evils at which it was directed. No one contends that the Act makes illegal all contracts of sale at a discount. Nor does any one deny that an illegal discrimination becomes apparent only after there have been two or more sales. As the Court states, a contract may be made today which has no legal defect under the Robinson-Patman Act. But once there are two or more sales and once there has been illegal discrimination, the illegality may reach back to the first transaction, which was free of all defects when made. That is inherent in the very nature of discrimination and it should not surprise us to discover that fact. Discrimination may thus become evident in contracts, promissory notes, open accounts and other forms of indebtedness. And it may put in a tangible appearance when a subsequent suit is brought to recover, among other things, what has proved to be an illegal price differential. To deny effect to that discrimination in a suit by the vendor does not require that a court hold void the entire transaction and permit the buyer to retain the goods free of any charge. It requires only that the court refuse to permit the recovery of that part of the
[ 330 U.S. Page 763]
purchase price which discriminates against the buyer who purchased the same kind and quality of goods as his competitors.
Thus that part of a contract of sale permitting a certain discount may be or become illegal if the purchaser's competitors are given larger discounts. Such is the whole tenor and policy of the Robinson-Patman Act. And collection of the discriminatory differential falls squarely within the area of illegality defined by the statute. Indeed, the Act is shorn of much of its meaning if the vendor is permitted to recover the fruits of his unlawful conduct. Courts should not be used for that purpose any more than they should be used to sanction recovery on contracts made wholly void by the Sherman Act. In the one case, courts are asked to give judgment for an unlawful price differential; in the other, they are asked to enforce a monopolistic agreement. In both cases, the answer should be a strong negative. The Acts are part and parcel of the same legislative policy, the Robinson-Patman Act merely elaborating some of the more subtle and refined monopolistic practices which Congress desired to eliminate. Courts should treat them accordingly.
It is no answer to say, as the Court does, that we must go outside the transaction in issue in order to give effect to a defense of unlawful discrimination. Of course that must be done, for discrimination is a relative matter depending upon the vendor's transactions with third parties. But such an inquiry must be made by a court in suits for triple damages under the Robinson-Patman Act. American Can Co. v. Ladoga Canning Co., 44 F.2d 763. And an inquiry of that type must frequently be made in private suits where defenses are made under the Sherman Act. Discriminations and monopolies rarely if ever appear on the face of documents which are introduced for purposes of securing a recovery in a court of law. Judges constantly
[ 330 U.S. Page 764]
must look beyond the particular documents in issue. Surely, if it be assumed that a particular discount is unlawful, no factor of inconvenience or burden in looking at other transactions can justify ignoring the illegality and permitting an unwarranted recovery. And to insist that recovery must be allowed if the plaintiff shows no violation of law in proving the amount due on a promissory note is to hark back to medieval concepts of pleading and practice. The Robinson-Patman Act deals with complex economic realities. Litigants and judges must act accordingly when the Act is properly brought into issue by a defendant. If the policy of the Act is to be respected, the transaction before the court must be judged on the basis of other dealings by the vendor despite the superficial perfection of the vendor's pleadings and proof.
Nor is recovery to be denied because only part of the illegality may be in issue. Courts must strike down illegality wherever it appears. Statutory violations are not to be countenanced merely because the violator seeks to reap only part of his illegal harvest at a time.
5. The Court intimates, without actually deciding, that courts should not allow this type of defense to be raised until the Federal Trade Commission has determined the economic effects of quantity discounts on competition. The fear is expressed that without the Commission's guidance, courts might strike down all quantity discounts and create untold retroactive liabilities.
The short answer is that we should be reluctant to assume that judges are unable to comprehend the Robinson-Patman Act and the standards it sets up in regard to quantity discounts. It may be granted that the Federal Trade Commission has more technical knowledge and experience in dealing with the complexities of this problem than most courts; and the Commission's judgment would be of inestimable value to any judge called upon to deal
[ 330 U.S. Page 765]
with quantity discounts. But in the absence of some action by the Commission, courts must act as best they can within the framework provided by Congress. The Act, 15 U. S. C. § 13 (a), specifically recognizes that quantity discounts are illegal only where they lessen or injure competition or tend to create a monopoly; and where price differentials are justified by differences in costs of manufacture, sale or delivery, the discounts are permissible. This matter is a complex one, but it is no more complex than many other problems which face the courts.
The only alternative to the Court's apparent position in this respect is for judges to sit idly by and allow sellers to collect illegal price differentials -- a function that hardly qualifies as an ideal toward which we should strive. Indeed, if the Court's conception of the judicial function in suits of this nature is to be carried to its logical conclusion, judges would abdicate all their duties under the Robinson-Patman Act whenever the Federal Trade Commission has failed to express an opinion on the subject in issue. They would refuse to entertain treble damage suits and would dismiss all criminal indictments brought on the basis of an alleged violation of the Act. It seems to me, however, that the judicial process has more vigor and responsibility than the Court seems willing to imply in this case.
6. Finally, the Court indicates that the fact that petitioner is a small business concern is a treacherous basis for deciding issues of law. As a general proposition, there can be no dispute with that attitude. But we must not blind ourselves to the equally important fact that the antitrust laws, of which the Robinson-Patman Act is an integral part, are designed primarily to aid the small business concerns and to curb the growth of giant monopolies. Many years ago this Court had occasion to point out that trade and commerce may be "badly and unfortunately restrained
[ 330 U.S. Page 766]
by driving out of business the small dealers and worthy men whose lives have been spent therein, and who might be unable to readjust themselves to their altered surroundings. Mere reduction in the price of the commodity dealt in might be dearly paid for by the ruin of such a class, and the absorption of control over one commodity by an all-powerful combination of capital." United States v. Trans-Missouri Freight Assn., 166 U.S. 290, 323. The same observation applies to this case. The Robinson-Patman Act was designed in large part to protect the small business concerns, Congress realizing the disastrous effects of their being the victims of discriminatory prices. A proper treatment of the Act demands appreciation of this purpose.
We should pause long before sanctioning the recovery of discriminatory prices which Congress has found inimical to the nation's welfare. We should be on guard against the use of the judicial process to augment the subtle destruction of small business contrary to the legislative will, and the erosion of the barriers which Congress has erected against the flood-tide of monopoly. To that end, therefore, we should reverse the judgment below and allow courts to give full effect to the Robinson-Patman Act.
MR. JUSTICE BLACK, MR. JUSTICE DOUGLAS and MR. JUSTICE RUTLEDGE join in this dissent.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
*offer ends SUNDAY MIDNIGHTApply Code
*offer ends SUNDAY MIDNIGHTApply Code
*offer ends MONDAY MIDNIGHT, October 31stBOO!
You guys rock!
We have FREE upgrades to Pear enabled TarDisks, exclusively for members of the PH community!
Use the following code when checking out: hunter
Let us know what you think!
Get 15% OFF any TarDisks, exclusively for listeners of the Shopify Masters podcast!
Use the following code: SHOPIFY
Let us know what you think!
You guys rock!
Welcome to the first plug-and-play Hybrid drive for MacBook Air/Pro.
All orders qualify for FREE shipping!
Let us know what you think!
You guys rock!
Could you use some extra space on your MacBook? Cool, you are in the right spot -- we can help!
TarDisk is the easiest (and only) way to add 256GB to your existing SSD -- the first Hybrid SSD addon. (i.e. a 128GB Macintosh HD becomes 384GB) We also wanted to let you know that 1 out of 10 GreyScaleGorilla members who purchase a TarDisk will win a special prize. How does that sound ?
Thanks for the click.
Glad that you are visiting ;)
Chat with our specialists to learn
about other free offers!
Chat with our specialists to learn
about other free offers!
Chat with our specialists to learn
about other free offers!
Use Coupon Code "PRIMEDAYFORALL" for access to TarDisk's 25% off Prime Day Deal right here on our website.
All orders qualify for FREE worldwide shipping!
Chat with our specialists to learn
about other free offers!
Welcome Amazon Launchpad visitors!
Use one-day voucher "LAUNCHPAD" to unlock 25% off any 256GB TarDisk*.
All orders qualify for FREE worldwide shipping!
*Offer ends Nov. 7th at 11:59PM ET. Only while supplies last.
Chat now with a TarDisk specialist
to learn about all offers.
Pear provides a unique implementation of a hybrid drive which
combines a specially built TarDisk and your internal solid state drive to provide a single managed logical volume on your MacBook. One drive, twice as big.
1. The new logically merged volume is managed by OS X.
2. Internal SSD is primarily used before data is sent to TarDisk.
3. More frequently used files are maintained on SSD hardware.
4. TRIM enabled SSDs maintain original speed benefits of TRIM.
5. Read/Write buffer ("swap-space-equivalent") is maintained on SSD to buffer writes to files located on TarDisk.
6. Failure modes, if ever encountered, allow for direct restoration from Time Machine backups.
Performance tests taken with BlackMagic, GeekBench and NovaBench, intended to quantify as many metrics as possible both before and after Pear-ing, show equivalent or slightly improved MacBook performance.
C'est chouette de voir de l'intérêt pour TarDisk ailleurs qu'aux US.
Nous essayons d'améliorer notre Français, donc n'hésitez pas à nous contacter dans la langue de Molière si vous avez une quelconque question !
A bientôt,
Vielen Dank für Ihren Besuch.
Falls Sie Fragen haben, können Sie diese gern auf Deutsch stellen, wir versuchen, unser Deutsch ständig zu verbessern.
Wir liefern kostenlos nach Deutschland und Österreich!
Хоть мы и не говорим по-русски, однако доставляем продукт в Россию бесплатно!Спасибо !
The first plug-and-play Hybrid Drive -- TarDisk can either be made to Pear with your internal SSD or used as an independent secondary drive. Use it the way you want to use it. See what customers are saying...
The first plug-and-play Hybrid Drive -- TarDisk can either be made to Pear with your internal SSD or used as an independent secondary drive. Use it the way you want to use it. See what customers are saying...
Click checkout to enter discount
For sale here is limited inventory of R13A and R13B model enabled with Pear. These TarDisks have a limited edition experimental hard-coat anodization. The treatment toughens the TarDisk to resist scratching and wear. The TarDisk itself uses the same flash chips seen across all of our Pear-enabled models. The robust coating on these TarDisks result in a visually darker color than other TarDisk models, however they are more robust.
Below is a visual comparison of the Hard-Coat vs the Original TarDisk.
There is a limited amount of inventory available, don't wait!
Select from R13A or R13B from the dropdown menu above.


text:
VG-KBD2000 Wireless Keyboard. The new wireless keyboard from Samsung puts the power back into your hands.
(1 of 1 customer found this review helpful). Keyboard is the bomb!! Much faster typing and works really easy to set up!
Samsung Smart TV-Skype camera VG-STC2000/XC review.
Samsung VG-KBD2000 - keyboard User Reviews. Overview.
Find helpful customer reviews and review ratings for Samsung VG-KBD2000 Wireless Keyboard (2014 Model) at Amazon.com.
Latest Samsung VG-KBD2000 reviews, ratings from genuine shoppers. Find best deals and buying advice from consumers on Samsung VG-KBD2000 from Reevoo.
Verified Buy(What's this?) This review is from: Samsung VG-KBD2000 Wireless Keyboard (2014 Model) (Electronics).
...tinyurl.com/mue6jtm Samsung VG-KBD2000 Wireless Keyboard Use with your wireless keyboard
washing machine. monitors. Keyboard to Smart TVs Samsung VG-KBD1000, VG-KBD2000, VG-KBD2500 differences review.
TabletPCReview.com - Tablet PC Reviews, Discussion and News.


text:
Jvc Gr-dvp5 Driver Download
Jvc Gr-dvp5 Driver Details:
Jvc Gr-dvp5 File Name: jvc_gr-dvp5.zip
Jvc Gr-dvp5 Driver Version: 535K22ot1
Jvc Gr-dvp5 ZIP Size: 137.kb
Manufacturer: Jvc
Scan Status: OK
Jvc Gr-dvp5 special revision for: Windows Vista Home Basic 64 bit, Windows RT 32 bit, Windows 7 Home Basic 32 bit, Windows 7 Ultimate 32 bit, Windows 8 Pro 64 bit, Windows Vista Ultimate 64 bit, Windows XP Media Center Edition 2004 32 bit, Windows XP 64-bit Edition 32 bit, Windows Vista Home Premium 64 bit
Jvc Gr-dvp5 Download Stats:
Direct Downloads: 134
Most Recent Download: 12/1/2016
Managed Downloads: 948
Most Recent Download: 12/2/2016
Download Mirrors: 4
Current Delay: 25 Seconds
Driver License: General Public License
Direct Download Success Stats:
Reports Issued By 118/134 Users
Success Reported By 24/118 Users
Driver Download Score69/100
Driver Installation Score71/100
Overall preformance Score60/100
Installation Manager Success Stats:
Reports Issued By 714/948 Users
Success Reported By 686/714 Users
Driver Download Score94/100
Driver Installation Score90/100
Overall preformance Score99/100
1. Direct DownloadSelect your OS and press "Download".
This option requires basic OS understanding.
Select Your Operating System, download zipped files, and then proceed to
manually install them.
Recommended if Jvc Gr-dvp5 is the only driver on your PC you wish to update.
2. Driver Installation Manager
This option requires no OS understanding.
Automatically scans your PC for the specific required version of Jvc Gr-dvp5 + all other outdated drivers, and installs them all at once.
After downloading and installing Jvc Gr-dvp5, or the driver installation manager, take a few minutes to send us a report:
* Only registered users can upload a report.
Don't have a password?
Please register, and get one.


text:
Get rewards and exclusive deals, make lists, check your order status, and more.
Online or in-store, we'll help you create the ultimate home entertainment experience.
Premium appliance brands and expert service available inside select Best Buy stores.
Shop a wider selection, talk to a camera expert and try before you buy at select Best Buy stores.
Great deals happening right now.
This week's best deals, all in one place.
A great deal, today only.
Clearance, pre-owned, refurbished and open-box.
Student Deals & Back to School
Best Buy is dedicated to always offering the best value to our customers. We will match the price, at the time of purchase, on a Price Match Guarantee product if you find the same item at a lower price at a Designated Major Online Retailer or at a local retail competitor's store.
Exclusions apply including, but not limited to, Competitors' service prices, special daily or hourly sales, and items for sale Thanksgiving Day through the Monday after Thanksgiving. See the list of Designated Major Online Retailers and full details.
Item Added.View List
Treated to resist weather and UV harm.
Convenient handles and caster wheels for easy transportation.
Brown-toned weave blends in easily with other decor.
Multi-purpose storage drawer can hold extra bar tools, silverware and towels.
Virtually maintenance-free, simply spot-clean as needed.
Please enter a valid email address.
System Error: Please try again.
Thank you. Please check your email.
Prices and offers are subject to change. © 2016 Best Buy. All rights reserved. BEST BUY, the BEST BUY logo, the tag design, MY BEST BUY, and BESTBUY.COM are trademarks of Best Buy and its affiliated companies.


text:
BRIDGEPORT - A new study finds renters in two Connecticut cities are having a tough time paying the bill.
A Harvard University Housing study found that 30 percent of renters in Bridgeport spend half their income on rent.
In New Haven, 32 percent of renters use at least half their paycheck to make the rent.
The report predicts the situation will continue to worsen as unemployment rates stay high and rental markets tighten.


text:
Crimson mountain [electronic resource]. Grace Livingston Hill.
Electronic resources
Record details
- ISBN: 9781628362534 (electronic bk)
- Physical Description: 1 online resource
- Date Published: 2013.
Content descriptions
|Summary, etc.:
| No longer heir to her father's fortune, Laurel Sheridan returns to her hometown of Carrollton to earn her living. But a wrong turn soon brings her to a life-threatening tight spot. Phil Pilgrim, a soldier, rescues Laurel and vows to stick by her for the remainder of his leave. . .then finds it hard to leave Laurel at all. With Phil gone, Laurel draws strength from beautiful Crimson Mountain. . . . Then she overhears a plot to destroy the town's new munitions plant, and one decision could spare lives—or spell disaster.
|Reproduction Note:
| Electronic reproduction. Uhrichsville : Barbour Books, 2013. Requires OverDrive Read (file size: N/A KB) or Adobe Digital Editions (file size: 2195 KB) or Amazon Kindle (file size: N/A KB).
Search for related items by subject
Christian Fiction.
Electronic books.


text:
Bachelor degrees from accredited colleges and universities can be important stepping-stones toward a successful career.The most common type of undergraduate program is a bachelor's degree, usually awarded after four years of successful study
A Bachelor is a popular college degree that is pursued by students who want to gain knowledge in a specific area of study. Completed in three to five years, it is available in a variety of study disciplines.
South Africa, officially the Republic of South Africa, is a country located at the southern tip of Africa. It is divided into nine provinces. South Africa is not only a jumping off point, it is itself a fantastic destination rich in culture, fauna & flora and history.
Nelspruit city is the capital of Mpumalanga province in the northeaster side of South Africa. Its climate and fertile soils make it a good agricultural place for tropical fruits. Nelspruit is thus an important South African agricultural hub.
Search Bachelor Degrees in Nelspruit in South Africa 2017
The multidisciplinary nature of this qualification prepares you for work in many areas of business and is an excellent foundation for careers in commerce, marketing, human resources and financial management. It is also a pathway to a Bachelor of Laws (LLB) for those of you that want to practise law. [+]


text:
Hotel Mar Menuda
Service & facilities
|Earliest check-in
|Latest check-out
Service & facilities
Hotel facilities
- Number of rooms with air conditioning 50
- Renovation work planned 2014-01-01 to 2014-03-20
- Reception (lobby)
- Elevator
- Public Internet terminal Hourly rate 0 EUR
Room facilities
- WLAN with Internet access in rooms
- Satellite TV
- TV remote control
- Radio
- Telephone by the bed
In-house services
- English-speaking staff available during the day
- Pets permitted Fee per day 8 EUR
- Changing mat for babies
- Classic concierge service
- Porter service Cost per item 0 EUR
Style of hotel and ambience
Take a rest at the hotel Mar Menuda and simply enjoy doing nothing. Offering all modern comforts, the spacious rooms are tastefully furnished and make your stay a pleasant one. Here, tradition and romanticism meet modernity. In the restaurant, delicate Mediterranean cuisine is served by the hospitable staff.
Special features of the hotel
HG-001184 Free Parking. Free minibar. Free Ocean Spa Wellness.Free wi-fi. Weddings on the beach. Hall for weddings, banquets and meetings. Cuisine specialized on Mediterranean fish and shellfish.
Hotel data
Hotel built in 1962, Last partial renovation 2013, Number of floors 2, Total number of rooms 50, Number of single rooms 1, Number of double rooms 48, of which have 2 separate beds 46, of which have a double bed 2, of which are suitable as three-bed rooms 30, Number of junior suites 10, Hotel, Trade fair/conference hotel, Holiday hotel, Beach hotel, Hiking hotel, Certified Beach Hotel, Gay and lesbian-friendly hotel
Service times
Reception open:
12:00 AM to 12:00 AM
Reception manned at weekends:
12:00 AM to 12:00 AM
Earliest check-in:
Latest check-out:
Accepted payment methods
- Diners Club
- Visa
- Eurocard/MasterCard
- American Express
- Billing to corporate account possible
Playa Mar Menuda s/n, 17320 Tossa de Mar -
Surrounded by a rambling countryside, the hotel is located only a few steps away from the sea and the beach. Let yourself be enchanted by the nice views on the walled-in old town of Tossa de Mar. Besides, the Parish Church and the municipal museum are worth visiting. Girona International Airport is situated at a distance of 40 kilometres.
- 85.77 km
- 15.0 km
- 0.54 km
- Stadium/sports hall: 1.0 km
- Public swimming pool: 1.0 km
- Tennis court: 1.0 km
- 9-hole golf course: 15.0 km
- 18-hole golf course: 15.0 km
- Beach: 0.1 km
- Water skiing: 0.1 km
- Sailing: 0.0 km
- Surfing: 0.1 km
- Diving: 0.1 km
- Beach volleyball: 0.1 km
- Fishing: 0.1 km
- Boat rental: 0.1 km
- Boat trips: 0.1 km
- Squash: 1.0 km
- Basketball: 0.5 km
- Billiards: 0.1 km
- Miniature golf: 0.5 km
- Hiking trails: 0.1 km


text:
8 posts tagged with medicine and diagnosis.
Displaying 1 through 8 of 8. Subscribe:
Need a site that focuses on diagnosis of really difficult cases.
I am writing this while at the Mayo clinic trying to find a diagnosis for my father who is very ill. After 2-3 misdiagnosis all from extremely reputable and knowledgeable doctors my family is nearing the end of our rope. I feel like we need a bulletin board or way of posting to a site where you can get informative off-the-cuff opinions from health detectives like the New York Times Diagnosis section. Another example is this DIY geneticist who found her gene mutation by seeing a photo of an Olympic medalist, link to Pro Publica story here which is fascinating. Is there anywhere to post a medical story and perhaps get some interesting new leads? With immense love and thanks, ejourdan
Dark brown blotch randomly appeared on my daughter's finger, pic inside
This past weekend a dark brown blotch appeared on my daughter's finger. It kind of looks like someone took a brown marker and just dabbed it quickly. My daughter wouldn't let us touch it at first and she kind of acted like it hurt but wouldn't confirm or deny it hurting. There is no difference in texture to the skin - it's not a scab. It's just discoloration. [more inside]
How do the rich & famous get their most difficult medical conditions treated?
How do the rich & famous get their most difficult medical conditions treated? [more inside]
Diagnosis by meds
Is there a general term for a medical diagnosis "you have disease X" mainly because you responded to treatment T? [more inside]
Where to turn for more diagnosis/treatment when local referrals fail?
A friend of mine has had, since childhood, a set of medical symptoms that defy diagnosis. She recently finished another round of appointments with specialists in our area to no real effect and much frustration. She's asked me to help her figure out where she might turn for additional diagnosis and care (ie, ways to locate/contact best-in-class specialists/etc, not non-traditional medicine). I'm pretty healthy and have never had this kind of interaction with doctors, so I'm at a bit of a loss. [more inside]
Weird Ailments - Magazine Series?
There was a series of articles by doctors (or possibly, a doctor) in a mainstream US magazine, each about a patient who had a weird ailment, usually incorrectly diagnosed at first. What was it?
Real diagnosis in general practice
US doctor question: do general practitioners practice real diagnosis anymore? Every doctor my wife and I have gone to in the past ten years has turned out to be incompetent or disinterested in doing more than the bare minimum. [more inside]
Any Direct or Indirect Experiences with Transverse Myelitis?
Last week, my sister (34 years old, very active and in good health) suddenly developed complete numbness in her legs and arms that completely incapacitated her within 24 hours. After a few harrowing days in the hospital during which more and more things were ruled out, today the definitive diagnosis is Transverse Myelitis. I had never heard of this before; does anyone have any experience (direct or indirect; family or friend) with the disease? Thanks in advance for any stories or indications of what we can expect.
Page: 1


text:
Police: Man Who Attempted 5 Bank Heists In 3 Hours IdentifiedInvestigators said they are looking for 38-year-old Alex Garcia.
NYPD: Brazen Bandit Attempts 5 Bank Heists In 3 HoursPolice say the suspect got away empty-handed after hitting five banks on Monday following a successful bank robbery last week.
NYC's Best Apple Dishes, Desserts For FallHere's are our favorite apple-centric dishes -- both savory and sweet -- available for gobbling up and gushing about this season.
NYC's Best Egg Breakfasts: BEC, Shopsin's, Egg Shop, MoreAfter bagels, nothing quite says breakfast in New York like an egg on a roll with a coffee.
Video Shows Trio Who Stole Wallets From Purses, Went On Gucci Shopping Spree, Police SayThe trio have struck at least twice, according to police.
NYC's Best Christmas Stores For Ornaments, Wreaths, Decorations, MoreDecorating a tree is as individual a decision as figuring out what constitutes an ugly Christmas sweater. Put another way: beauty is in the eye of the trimmer.
Native American Sites, Memorials In NYCExplore the rich cultural and historic connections New York City has to Native American heritage.
NYC's Best Coffee Shops With Free WiFiFinding great coffee, a laptop-friendly policy with fast Internet, and a few hours of productivity is a rare combo in New York City.
Best Black Friday Brunches In NYCFuel up for a day of shopping, or pre-game for a day of lounging by grabbing brunch at one of the restaurants listed below.
9 NYC Activities That Are Fun For GroupsRound up your friends and family, and check out these activities that are particularly good for groups.
5 Historic Military Sites In New York CityWhat better way to honor those who have dedicated their lives to defending our country than by visiting one of the city's best sites for military buffs?
Best NYC Neighborhoods For Trick-Or-Treating With KidsIf you're wondering where to go for the best trick-or-treating in New York, look no further than our list of excellent neighborhoods in Manhattan, Queens, and Brooklyn.