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I have been refused to resit an examination

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Re: I have been refused to resit an examination

Postby atticus » Tue Dec 16, 2014 6:34 pm

Why can you never answer a question directly?

You use a word, then you ask me to define it. What meaning did you have in mind when you used it? I do you the courtesy of presuming that you had a meaning in mind.
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Re: I have been refused to resit an examination

Postby south1 » Wed Dec 17, 2014 2:40 am

The problem is that the expression 'loophole in the law' is made up of several words not only one.

You say that what I describe as loopholes in the law are not loopholes in the law. Hence can you give me your own definition of a loophole in the law
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Re: I have been refused to resit an examination

Postby atticus » Wed Dec 17, 2014 7:16 am

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Re: I have been refused to resit an examination

Postby atticus » Wed Dec 17, 2014 7:18 am

Does that accord with the meaning you had in mind when you introduced the word into this discussion?
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Re: I have been refused to resit an examination

Postby dls » Wed Dec 17, 2014 11:17 am

From 'twiki:
Loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but the law can be legally circumvented due to a technical defect in the said law. A lacuna, on the other hand, is a situation whereby no law exists in the first place to address that particular issue.


You are S referring to a lacuna - an intended gap.
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Re: I have been refused to resit an examination

Postby south1 » Wed Dec 17, 2014 3:20 pm

If my educational institution succeeds to prevent me from resiting because I made a complaint it would be morally wrong. As I say in one of my previous posts do you imagine a NHS hospital or GP refusing a particular treatment to a patient only because he made a complaint which could have been constructive.

Hence we have maybe find a proper definition of a ‘loophole in the law’ or a ‘lacuna in the law’ what will be to do something morally wrong and to get away with it.

Therefore if my educational institution succeeds to do something which is morally wrong it is because it would have take advantage of several loopholes or lacunas in the law which have enabled it to dodge equality law and public interest disclosures law.

However I can maybe try to oppose this because of public body duties, rules of fairness of the regulatory body or because the terms of the contract which says that candidates are allowed to resit and have to resit every three years....etc.

There are many loopholes and lacunas in the law and all are bad. They cause a lot of harm to many people and citizens have a duty to fight off them. It is a long battle......
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Re: I have been refused to resit an examination

Postby atticus » Wed Dec 17, 2014 3:42 pm

You have a very self-centred outlook. I say this having also in mind your posts about planning law matters.

The fact that the law does not regulate or prohibit something does not mean that someone who does whatever it is that the law does not prohibit or regulate is "taking advantage" of anything.
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Re: I have been refused to resit an examination

Postby south1 » Wed Dec 17, 2014 4:01 pm

Do you not think that a landlord who threaten of eviction a tenant not to do repairs which could endanger the life of the tenant is not taking advantage of anything?
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Re: I have been refused to resit an examination

Postby atticus » Wed Dec 17, 2014 4:33 pm

south1 wrote:Do you not think that a landlord who threaten of eviction a tenant not to do repairs which could endanger the life of the tenant is not taking advantage of anything?


You are comparing apples and oranges, and ending up with bananas. A regulated residential tenancy has specific protections by statute. Those protections do not necessarily apply to entry to an education institute (or indeed entry to Fat Brenda's Grooverama Nightclub in Bristol).
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Re: I have been refused to resit an examination

Postby south1 » Wed Dec 17, 2014 5:08 pm

I make reference to assured short tenancy for which tenants do not any security of tenure and because of this the landlord can take advantage in the way I describe
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