In other cases, the law of negligence must engage in doctrinal gymnastics to enforce the ordinary moral principles operative beneath its formal structure. Consider the facts in Shell UK Ltd. v. Total UK Ltd.,314 in which the defendant negligently damaged a piece of property held on trust for the plaintiff, preventing the plaintiff from accessing and exploiting this property, thereby causing it to suffer economic loss.315 The beneficiary of trust property is not its legal owner: It is the property’s trustee who holds title to it, and thus the beneficiary has a legal right against third parties that they not use or interfere with the property against the trustee’s will.316 Thus, on black-letter principle, the defendant owed no duty of care to the plaintiff, and the economic losses suffered by the plaintiff were pure economic losses that are unrecoverable (rather than economic losses “consequential” upon the defendant’s infringement of a duty owed to it, which are standardly recoverable).317
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Remember that the pure fifth you get from harmonics is a frequency ratio of 3/2. In 12-TET, however, you make a fifth by adding up seven semitones. This means that you multiply your frequency by the 12th root of two seven times, which comes to about 1.498. That’s close to 3/2, but it’s not exact. As a result, fifths in 12-TET sound a little flat compared to what your ear is expecting from natural harmonics.
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