America a Country Made by Africans :: essays papers

America a Country Made by Africans The development of Colonial America was based on the fundamental of slavery. Without the labor power of the first African/ Americans the existence of America would be incomprehensible. Countryman's statement, " Their story is "no exception" to what was otherwise a tale of success- it is absolutely fundamental to the history of colonial America." Countryman's statement is in fact correct. This country is was found upon the backbone of African Americans it is evident in the three essays of Countryman's book " How Did American Slavery Begin?" The three essays, which support Countryman's bold statement, are "Ancestry of Inferiority" by A. Leon Higginbotham Jr. "Gullah Roots" by Margaret Washington "Slavery and Freedom" by Edmund Morgan These essays specifically explain how the African Americans helped our founding fathers build this country physically economically and politically When the first African American set foot on this land he was here for one purpose and that was to serve someone, but that was also the same with a Caucasian American. Even though both black and white were treated the same it was obvious that being black was a disadvantage, 'sin'. Englishmen at that time believed that the color black was considered as "the handmaid of and symbol of baseness and evil†¦" (pg.88). Each servant when coming to America was to serve a master for a certain amount of years. The white servants served the masters for seven years because it was written in their contract which was made in England, but since the blacks came from Africa and had no sort of contract they were kept longer as servants (pg.88). This I believe is the bases for slavery, the more labors they had the more work could be done on plantation making more money. This is the physical part of the, which was built by Africans. The absolute economic success of this country was built on the back of an African American. Blacks were the actually labors and engineers who matched the amount of the world's demand on goods produced in America such as rice, indigo, tobacco, and cotton (pg.75). Certain blacks on the coasts of Guinea were adopted due to the fact they knew how to already ingeniously harvest rice and indigo (pg.73). This Coast became know as 'The Gold Coast'. This though was not the main reason for African Americans to be a major portion of the American labor system.

Fashion Conscious Creme

These are lines often heard in the fashion conscious creme de la creme of Indian society. The story is the same in almost any commercially ‘happening’ city in the world except that the names of the designers keep changing. This does not mean that the national designers have not made a dent in the world market! The Indian fashion world got global attention after Miss Sushmita Sen and Miss Aishwarya Rai won the much coveted Miss Universe and Miss World titles respectively in 1994. Critics look upon these victories as a multinational conspiracy to promote European and American products in post-liberalisation global India.But the reality of the Indian fashion world having made a name for herself cannot be denied. ‘Fashion’ refers to that which is in vogue. It is usually related to one’s dress sense and personality traits. In today’s global village, everything from the colour of your hair to the designer brand of your shoes is a part of your fashion statement. There is a natural desire in all of us to look good and our fashion sense essentially roots from there. This desire to look good is a primal instinct and should be respected because looking good is feeling good.The appearance factor also plays a very important role in the job sector because a good look obviates a sense of refinement and culture and communicates the right kind of values in one’s upbringing. The modem obsession with designer products sold at ludicrous prices, however, beats understanding. Some young man with multiple partings in his spiked hair sporting a loud T-shirt with torn jeans in perfect ‘harmony’ with the pierced eyebrows, nose, lip and navel is not sporting any attitude; he is simply epitomising the fall of man to a level of vulgarity which is worse than bestial. Fashion should not be confused with arrogance or impudent disrespect for traditional norms and the values of our seniors. Fashion â€Å"The Craze Among Youth†.E very person is fashion conscious. Fashion is very popular among the school boys and girls. They do it in a competitive spirit to look smart, up-to-date  and attractive. Students like actors and actresses. Some of them see a film to copy the latest fashion. It is mostly the college students who look upon fashion as the very stuff of their conscience. Being fashionable is the only real passport to high society and popularity in the college. Students put on expensive and fascinating clothes of the latest cut, color and design. The students spend a lot of money on clothes and other things in life for sake of variety.They do not realize that they are wasting their precious time and energy in this effort. In addition, they waste the hard-earned money of their parents. Students have become crazy after fashion. But this is all being done at the cost of their studies. They are wasting the precious time of their life. Sometimes, poor parents are burdened with fashion bills. 853 Words Free S ample Essay on FashionThus, every one should try to have some leisure and make the best use of it by taking to some good hobby or the other. Great caution should be exercised; in choosing a hobby. We should choose a hobby which recoups our energy and provides relaxation and recreation. Young people all over the world are becoming more and more fashion conscious. Young students, whether boys or girls, are crazy about it they want to look smart and beautiful by wearing dresses of the latest designs.In order to boost the sales of their dresses, leading cloth mills and dress ¬making firms engage reputed fashion designers and beautiful models. Fashion parades and shows are held in big five star hotels to exhibit the latest dresses. Fashion is no longer the monopoly of women. Even men have great fancy for it. In fact, the latest uni-sex dresses like shirts and jeans can be worn both by the girls and the boys. Today, the biggest centers of the latest fashions in the world are Paris,†¦

Contract Law Advice Style Answer - Free Essay Example

Sample details Pages: 10 Words: 3139 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Level High school Tags: Contract Law Essay Did you like this example? Arron and Tracy have entered into three different types of contracts. Firstly, there is a contract for sale of goods between Tracy and HAL[1] for the purchase of the coffee machine. Secondly, there is a contract for service among Arron and Matthew for the decoration of the hallway. Don’t waste time! Our writers will create an original "Contract Law Advice Style Answer" essay for you Create order Then, there is a contract for sale of description between the Arron and the dog-seller for the purchase of dog. The contracts appeared to be consumer contracts, since they satisfied the requirements established under the Unfair Contract Terms Act[2]. Section 12[3] states that a person dealing under a consumer contract is when one party performed in the course of a business and not the other party. Moreover, the goods in consideration must be à ¢Ã¢â€š ¬Ã‹Å"of a type ordinarily supplied for private useà ¢Ã¢â€š ¬Ã¢â€ž ¢.[4] Section 2(1) of the Sale of Goods Act[5]states that for a consumer contract to exist there must be à ¢Ã¢â€š ¬Ã‹Å"a money considerationà ¢Ã¢â€š ¬Ã¢â€ž ¢. In application, it is clear that Arron and Tracy are consumers, which are not acting in the course of the business, but we cannot say the same for the other parties. In the cases of Stevenson[6] and R B Customs[7], the term à ¢Ã¢â€š ¬Ã‹Å"in the course of a businessà ¢Ã¢â€š ¬Ã¢â€ž ¢[8] is wisely explained, it i s clear that the other parties who contracted with them are included. THE LUXURY COFFEE MACHINE* The purchase of the luxury coffee falls under the implied terms of s. 14 SGA[9], which says that the goods supplied must be of à ¢Ã¢â€š ¬Ã…“satisfactory qualityà ¢Ã¢â€š ¬Ã‚ . Under S.14 (2A)[10], the test is that of à ¢Ã¢â€š ¬Ã‹Å"a reasonable personà ¢Ã¢â€š ¬Ã¢â€ž ¢ would regard as satisfactory. Thus, when the coffee machine was bought no one will expect it to burn hands and to be unsafe (considering the criteria in s.14 (2B)[11] of the act. Here, it includes safety as per s.14 (2B) (d)[12]. Indeed, the General Product Safety Regulations 2005[13] has included electrical equipment as having a requirement to be safe, by being properly insulted. However, this is not the case when the coffee machine becomes too hot which is clearly unsafe. It is clear though that s.14[14] is in breached since the product supplied burnt hands by becoming too hot. Consequently, Tracy can return or ask for a refund of the price ( £150) and damages. Nevertheless, in order to entitle to this, it must be established that Tracy has not à ¢Ã¢â€š ¬Ã…“acceptedà ¢Ã¢â€š ¬Ã‚  the product. Otherwise, if it has taken place the remedy is damages only which will be under s.11 (4).[15] Furthermore, s.35 (4)[16] says that acceptance occurred when a buyer retain the goods for a certain period of time without intimating to the seller that she rejected it. The question of time had an extensive discussion about how long and what actually is a reasonable time. It was first established under the case of Bernstein[17], under which there was a maximum of 3 weeks. However, it was later replaced by Clegg[18] the actual law which provides a period of 7 months. In application, Tracy is visibly within the time limit, as she rejected the offer when she returns the coffee machine back to HAL. Furthermore, since Tracy paid the coffee machine with her credit card, she may have additional ri ghts under the Consumer Credit Act 1974[19]. In fact, she enters into a consumer credit agreement which is defined under s.8 (1)[20] as an agreement between an individual and the creditor by which the creditor provides the debtor with credit of any amount. In application, this is the case when Tracy paid the product with her credit card define as à ¢Ã¢â€š ¬Ã‹Å"financial accommodationà ¢Ã¢â€š ¬Ã¢â€ž ¢ under s.9[21]. It was a regulated consumer credit agreement under s.8 (3)[22] as it was not an exempt agreement. It also constitutes a restricted use, according to the situation in the problem as per s.11 (b)[23] and a running account as per s.10 (1) (a)[24].Consequently, as the product is purchase with a credit card, there is a D-C-S agreement under s.12 (b)[25]; debtor: Tracy, creditor: Barclaycard and the supplier: HAL .In such a case, where there is a faulty product, which is the case Tracy has a à ¢Ã¢â€š ¬Ã‹Å"like claimà ¢Ã¢â€š ¬Ã¢â€ž ¢ against the credit card company under s.7 5[26]. HAL and the credit card company are à ¢Ã¢â€š ¬Ã‹Å"jointly and severally liableà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the aforementioned breach of S.14 SGA[27]. Therefore, Tracy has a claim against both HAL and Barclaycard. Indeed, if the claim against the shop is unsuccessful, then she is entitled to use s.75 as a shield. Furthermore, even if Vicky is not a party to the contract she might have a claim against HAL since the privity of contract was overcome by the narrow rule of Lord Atkin in the case of Donoghue v Stevenson.[28] Despite the fact, that she could claim under negligence it will be best to sue under Consumer Protection Act[29] since there is a strict liability. Vicky might claim a civil liability under Part I of CPA[30] which covered damage or personal injury caused by the faulty products, when her arm is burn. The coffee machine is defective as per s.3, since no one will generally expect the coffee machine to become too hot and unsafe. Therefore, she will be able to sue f or damages. Moreover, there may be a potential criminal liability under Part II of CPA which covered damage caused by unsafe product. Certain goods need to satisfy the safety requirement under s.11 (1)[31]. Therefore, a failure to meet the safety regulations is a breach under s.12[32], but unless the product supply is unsafe which here is visibly the case. Additionally, HAL will try to rely on the exclusion clause. In order to be effective, the clause needs to satisfy certain legal rules. When Tracy went to return the coffee machine, she was pointed a notice which states à ¢Ã¢â€š ¬Ã…“Sale items cannot be returnedà ¢Ã¢â€š ¬Ã‚ . Applying the case of Olley[33], which established that for a notice to be incorporated it need to be before or at the time of the contract. Since, Tracy could not remember having seen the notice before; it is very likely that there clause was not incorporated. Even if the clause was valid, it will not make a difference because s6 (1) UCTA states tha t liability in consumer contract for breach of s.14[34] cannot be excluded. MATTHEW, THE DECORATOR* The contract between Arron and Matthew is governed by the Supply of Goods and Services 1982[35] since the substance of the contract is based on services. The SGSA[36] consist of two parts; Part 1 consists of the quality of goods supplied under the contract for the services and Part 2 is about the supply of services Under Part 1, there is an implied term that goods supplied on the part of the act to be of satisfactory quality and fit for purpose under s.4. This section mirror the provisions contain within s.14 (2A) and (2B) of SGA[37]. It should be noted that there is no provision equivalent to s11 (4) and s.35. Therefore, generally when Arron buys the wallpaper guaranteed to last 10 years he will expect the product to be of satisfactory quality and to durable as per the other relevant circumstances under s.4 (2A)[38] which mirror the provision of s.14 (2B) (e)[39]. But this w as not the case when the wallpaper falls off the wall after six weeks. Unlike Part 1, which implied term concern the goods, Part 2 implies following terms concerning the supply of services. Contrarily, to Part 1 it is possible to exclude liability, under s.11 UCTA for breach under the service part of the contract. A contract for supply of services is defined under s12[40] as à ¢Ã¢â€š ¬Ã…“a contract under which a person (the supplier) agrees to carry out a service.à ¢Ã¢â€š ¬Ã‚  Under Part 2 there is an implied term under s.13[41] that the services provided by the supplier will be carried out within a reasonable care and skill. It should be noted that s.13 implies generally accepted to be innominate term as in Hong Kong Fir[42] by depriving the innocent party of the whole benefit of the contract. This is clearly the case here when à ¢Ã¢â€š ¬Ã‹Å"the wallpaper fall off.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Applying Nettleship v Weston[43], there is no defence even if the person claims to have to their incompetent best. Under, Bolam[44] if the skilled conforms within the standard required is of a reasonable competent member of the relevant trade, he will not be liable due to others different views. As established in Philips[45] , the services must be carried out with such a care as within the capacity of his degree of experience which he claimed to have .He must have a level of skill of such specialist which he holds to Arron as in Grieves.[46]Therefore, when Arron employed Matthew, he expected the work to be done with a reasonable care and skill and not be fall off within six weeks. Clearly s.4[47] and s.13[48] are in breached. Consequently, Arron will be able to ask for damages since rejection will be impossible. The claim for recovery of damages is for the poor service or poor quality of materials used in the contract term, it includes actual damages for the failure of wallpaper which has not be achieved it result by holding on the wall and consequential damages for the money which Arron will have to expense to repair the breach. In order to entitle to this, Arron must have taken reasonable steps to mitigate his loss suffered, which require acceptance of offer from the defendant to rectify the matter, like under the case of Payzu.[49]It is clear that mitigation of loss had occurred when Arron suggested to Matthew that he should properly do the work again. Hence, Arron will be able to recover for the damages since he gives the opportunity to Matthew to redo the work properly. Additionally, Matthew tried to rely on the exclusion clause, when Arron tells him that he should properly à ¢Ã¢â€š ¬Ã‹Å"redoà ¢Ã¢â€š ¬Ã¢â€ž ¢ the work. An exclusion clause is used by a party in order to restrict or limit liability in an event of a breach of contract or any other specified circumstances. But, for it to be effective three legal conditions need to be consider; the common law, the UCTA and the Unfair Terms in Consumer Contract Regulations 1999[50]. Und er the common law, the clause must be incorporated and constructed. According to the scenario, the clause was incorporated by an express agreement since there is not enough information to state that a contract was signed between the parties. Therefore, it is very likely that the clause was incorporated. As for the construction of the clause, it must be established that in interpretation of the contract the clause cover the breach which has occurred. In application, the clause is constructed in a plain language but it does not cover the breach. Hereafter, the clause might not be hold as constructive by court. In addition, the statutory controls need to be considered. The legislation for exclusion clauses is governed by the provision under UCTA and UTCCR. The UCTA was created in order to protect the weaker party, for example the consumer. Under s.11(1), the reasonableness test need to be consider, under which the term must be fair and reasonable by including all circumstances à ¢Ã ¢â€š ¬Ã‹Å"[à ¢Ã¢â€š ¬Ã‚ ¦]which were or ought reasonable to have be known[à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[51]. In the problem question, it is clear that the terms are not fair and reasonable since Matthew restricted the term of the contract for his own benefit and not for Arron (the consumer). He excluded all extra cost and loss arising out of the decorating services. The UTCCR will not be applicable due to lack of information about the presence of a contractual term or a standard form. Even if the exclusion clause is valid s.7[52]states that liability for consumer contracts for breach of s4 and s13 cannot be excluded. However, this liability can be excluded if satisfies the requirement of the reasonableness which is visibly not the case here. Arron might have a criminal liability against the producer for the commercial practices of the wallpaper through television advertising. The liability will be under Schedule 1 of the Consumer Protection from Unfair Trading Regulation s 2008[53]which replaced some consumer protection legislation; like CPA Part 3 or even the TDA[54]. He can claim liability for misleading actions under Regulation 5. It occurs when a misleading information lead the average consumer to make a decisive reason to enter the contract. In application, it is clear that it is the 10 years old guarantee, which encourages Arron to buy this specific paper. This commercial practice clearly distinguished the product from the competitor (para.3 (a) of reg.5), was obviously a main characteristic of the product (para.4 (b) of reg.5) which makes him make a decisive decision in buying this product rather than the others. PUPPIES* The buying of pedigree dog is governed by the SGA. However, the effect of the statement must first be drawn, by stating whether it is a puff, a representation, a term or a sale by description. The difference between these statements will be established. A puff is a à ¢Ã¢â€š ¬Ã‹Å"mere boast or unsubstantiated claimsà ¢Ã¢â€š ¬Ã¢â€ž ¢ which are used by advertisers for their products and services .An example is the case of Carlill[55]. Representations or contractual term are statements made in course of negotiation for a contract. While, a term of contract define as outcome to pre-contractual negotiation between parties can be distinct in two types; implied and express. It could also be a sale by description under s.13 which implied term is that the goods must à ¢Ã¢â€š ¬Ã‹Å"correspondà ¢Ã¢â€š ¬Ã¢â€ž ¢ to the words used for the description of the goods. In application, it is clear that is a sale by description where the adverts states that the dogs are à ¢Ã¢â€š ¬Ã‹Å"pedigree dogsà ¢Ã¢â€š ¬Ã¢â€ž ¢ with à ¢Ã¢â€š ¬Ã‹Å"friendly temperatureà ¢Ã¢â€š ¬Ã¢â€ž ¢. S.13 is breached as the description is inaccurate and that the dogs are crossbreeds, aggressive and snappy. There is a strict liability under s.13 and the remedy, will allow Arron to reject the good and receive damages. Next, Arron has pa id the pedigree dog with his credit card; he may have a claim under CCA. Under the CCA, a D-C-S agreement is established, under s12 (b) consisting of the debtor; Arron, the creditor; the credit card company (Barclaycard) and the supplier (the dog-seller). It may be that has a claim under s.75 where the creditor is jointly and severally liable with the supplier for the supplier misrepresentation and for breach of s.13 SGA. If, the claim is not successful under SGA against the supplier, Arron will be to use s.75 as a shield. Criminal liability is regulated by the regulation 5[56] for the false information which deceived the consumers. The false statement of the advert may lead to a criminal offence under reg.5 CPUTR which prohibits false information to be applied on goods. S.2 (2) (a), states that goods includes the descriptions and details of animals as per there à ¢Ã¢â€š ¬Ã‹Å"sex, breed or cross [à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[57].Under s.3 (1)[58] explains the term of à ¢Ã ¢â€š ¬Ã…“false to a material degreeà ¢Ã¢â€š ¬Ã‚ . In application, it is clear that the advert the newspaper is a material degree and that there is a breached of Reg 5. 2515 Word Count*(Excluding titles) Bibliography Primary Sources Cases: Bolam v Friern Hospital Management [1957] 1 WLR 582 Bernstein v Pamson Motors [1987] RTR 384 Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 Donoghue v Stevenson [1932] AC 562 Grieves Co Baynham [1975] 1 WLR 109 Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 Nettleship v Weston [1971] 2 QB 691 Olley v Marlborough Court Ltd [1949] 1 AII ER 127 Payzu Ltd. V Saunders [1919] 2 KB 581 Philips v William Whitely Ltd [1938] AII ER 566 RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 Stevenson v Rogers [1999] 1 All ER 613 Statutes and statutory instruments: Trade Description Act 1968 Consumer Credit Act 1974 Unfair Contract Terms Act 1977 Sale of Goods Act 1979 Supply of Goods and Services Act 1982 Consumer Protection Act 1987 Unfair Terms in Consumer Contracts Regulation 1999 Consumer Protection from Unfair Trading Regulations 2008 Secondary Sources Books: Nicholas Ryder, Margaret Griffiths, Lachmi Singh, Commercial Law (Principles and Policy), (First published 2012,Cambrige) Michael Furmston and Jason Chuah, Commercial Law,(2th edn, Pearson 2013) Chris Turner, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) Chapters in Books: Michael Furmston and Jason Chuah, Chapter 4 à ¢Ã¢â€š ¬Ã‹Å"Sale of Goodsà ¢Ã¢â€š ¬Ã¢â€ž ¢: 4.8 Defective goods, Commercial Law,(2th edn, Pearson 2013) pg. 192-201 Chris Turner, Chapter 6 à ¢Ã¢â€š ¬Ã‹Å"The Obligations under a Contract : Term 6.1.2: Types of representation and their consequences, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) pg. 111-116 Websites and Blogs: Which? Consumer Right à ¢Ã¢â€š ¬Ã‹Å"Supply of Goods and Services Act 1982à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) https://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982accessed on 19 March 2014 Financial Ombudsman Service , oombudsman news  » issue 31  » credit cards equal liability under section 75 of the Consumer Credit Act 1974 (sep 2003) https://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm accessed on 25 March 2014 FindLaw UK, à ¢Ã¢â€š ¬Ã‹Å"Your rights under section 75 of the Consumer Credit Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.findlaw.co.uk/law/consumer/consumer_credit/500520.html accessed on 02 April 2014 BBC one Watchdog, à ¢Ã¢â€š ¬Ã‹Å"Supply of Servicesà ¢Ã¢â€š ¬Ã¢â€ž ¢(2014) https://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-supply-of-services accessed on 06 April 2014 Out-Law.com, à ¢Ã¢â€š ¬Ã¢â€ž ¢Product liability under the Consumer Protection Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ (last update 2011) https://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-under-the-consumer-protection-act/ accessed on 09 April 2014 [1] Home Appliances Ltd [2] Unfair Contract Terms Act 1977; UCTA [3] Unfair Contract Terms Act 1977 [4] Section.12(1)(c) Unfair Contract Terms Act 1977 [5] Sale of Goods Act 1979;SGA [6] Stevenson v Rogers [1999] 1 All ER 613 [7] RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 [8] Section 12 Unfair Contract Terms Act 1977 [9] Section 14 Sale of Goods Act 1979 [10] Section 14 (2A) Sale of Goods Act 1979 [11] Section 14 (2 B) Sale of Goods Act 1979 [12] Section 14 (2B) (d) Sale of Goods [13] General Product Safety Regulations 2005;GPSR [14] Section 14 Sale of Goods Act 1979 [15] Section 11 (4) Sale of Goods Act 1979 [16] Section 35 (4) Sale of Goods Act 1979 [17] Bernstein v Pamson Motors [1987] RTR 384 [18] Clegg v Anderson [2003] EWCA Civ 1002 [19] Consumer Credit Act 1974;CCA [20] Section 8 (1) Consumer Credit Act 1974 [21] Section 9 Consumer Credit Act 1974 [22] Section 8 (3) Consumer Credit Act 1974 [23] Section 11 (b) Consumer Credit Act 1974 [24] Section 10 (1)(a) Consumer Credit Act 1974 [25] Section 12 (b) Consumer Credit Act 1974 [26] Section 75 Consumer Credit Act 1974 [27] Section 14 Sale of Goods Act 1979 [28] Donoghue v Stevenson [1932] AC 562 [29] Consumer Protection Act 1987:CPA [30] Consumer Protection Act 1987 [31] Section 11 (1) Consumer Protection Act 1987 [32] Section 12 Consumer Protection Act 1987 [33] Olley v Marlborough Court Ltd (1949) 1 ALL ER 127 [34] Section 14 Sale of Goods Act 1979 [35] Supply of goods and Services Act 1982; SGSA [36] Supply of Goods and Services Act 1982 [37] Sale of Goods Act 1979 [38] Section 4 (2A) Supply of Goods and Services Act 1982 [39] Section 14(2B)(e) Sale of Goods Act 1979 [40] Section 12 Supply of Goods and Services Act 1982 [41] Section 13 Supply of Goods and Services Act 1982 [42] Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 [43] Nettleship v Weston [1962] 2 QB 691 [44] Bolam Fried Hospital Management [1957] 1 WLR 582 [45] Philips v William Whitely Ltd [1938] 1 ALL ER 566 [46] Grieves Co v Baynham [1975] QB 644 [47] Section 4 Supply of Goods and Services Act 1982 [48] Section 13 Supply of Goods and Services Act 1982 [49] Payzu Ltd v Saunders [1919] 2 KB 581 [50] Unfair Terms in Consumer Contract Regulations 1999; UTCCR [51] S.11(1) of Unfair Contract Terms Act 1977 [52] Section 7 Unfair Contract Terms Act 1977 [53] Consumer Protection from Unfair Trading Regulations 2008; CPUTR [54] TDA:Trade Description Act 1968-largely repealed by CPUTR [55] Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 [56] Regulation 5 of Consumer Protection from Unfair Trading Regulations 2008 [57] Section 2(2)(a) of the Trade description Act 1968 [58] Section 3(1) of the Trade description Act 1968

The Palestinian And Israel Conflict - 2619 Words

Peace negotiating can be an extremely daunting task. The demands of opposing factions can create a list of the perfect ingredients to an impossible comprise which leads to a recipe of everlasting quarrels. Throughout history, there has been many nations with internal conflict that has been a victim of the recipe of quarrels time and time again. In my paper I will focus on two different conflicts, one in which who has been able to create a recipe for successful peace in the land, and another in which is still a victim of the recipe that leads to everlasting fights. The conflict I am focusing on that has been able to successfully bring its disagreements into a compromise is the Protestant and Catholic conflict in Northern Ireland during the 20th century. For the dispute that has not been able to create a successful policy agreement, I am focusing on the Palestinian and Israel conflict in the Middle East. The problem in which I analyze is whether or not Palestine and Israel can put toge ther some ingredients that can lead to a recipe of compromise and peace. In the paper I argue that the International Criminal Court is a key ingredient the conflict has been missing and could serve as a peace tool like the Good Friday Agreement has in Northern Ireland. Background of Protestant and Catholic Conflict in Northern Ireland In the last three decades of the 19th century, Northern Ireland’s political violence claimed the lives of 3,500 people. At the time of this political violence,Show MoreRelatedThe Palestinian-Israel Conflict Essay2191 Words   |  9 PagesThe Palestinian-Israeli conflict has been in existence since the end of 19th century. The conflict became an international concern when Israel got its independence in 1948. This conflict has resulted in a lot of minor conflicts and 5major wars. 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Transaction Security E Commerce Environment - 2227 Words

Transaction Security in E-Commerce Environment With the evolution of Internet, new technologies are appearing and new ways of doing business are slowly changing the world. One of those new business process are online stores. This technology allows user to sell or buy their products or services online. These data exchanged during those operations are extremely very critical and no error with the manipulation of these important information can be allowed. For the protection of those personal and financial information, security plays a big role in this industry. There are main elements in the transaction security are: Confidentiality Integrity Authentication Non-repudiation And the authorization. The confidentiality of the information is one†¦show more content†¦Many different approaches are used to ensure that the elements of transaction security for the two parties. Some are for the users, not recurring any type of action except intelligence. Those are simple measures such as informing the users of potential dangers and teaching them to be more vigilant when having online transaction. One example is suggesting users not to use a public Wi-Fi to have transactions or verifying the website’s authentication before any transaction. Other approaches are more technical such as: Internet Protocol Security Secure Electronic Transaction Transport Layer Security and Secure Sockets Layer Internet Protocol Security, which is also called IPsec, is a protocol that secures the communications at the Protocol level. This is done by the encrypting and authenticating each IP packet of the data. IPsec can be used to protect the data flows between pair of hosts, between a pair of security gateways or between a security gateway and a host. IPsec supports network-level peer authentication, data origin authentication, integrity and confidentiality. It also supports replay protection that aims to protect against repeating a transaction, for example, the purchase of a service. SET or Secure Electronic Transaction is a communication protocol. It allows the user secure transaction via credit cards over the Internet. The main objectives of Secure Electronic Transaction are to: Provide

Flame Test Lab Write-Up Free Essays

Sydney Schell October 18th, 2012 Identifying Metallic Components Introduction: Spectroscopy is the study of the electromagnetic radiation emitted or absorbed by the atoms and molecules. A photon in short is light. Atoms produce light by putting energy in, the electron then becomes excited and goes up an energy level, the electron then falls back down to its ground state, and out comes a photon (light). We will write a custom essay sample on Flame Test Lab Write-Up or any similar topic only for you Order Now The electromagnetic spectrum contains color that we can and cannot see. The color blue has the highest energy with shorter wavelengths and a higher frequency while the color red has the lowest amount of energy with long wavelengths and a shorter frequency. Hypothesis: If you observe the characteristic emission spectra of several gases and metallic ions then you can identify the metallic component(s) of an unknown substance based on flame color. Materials: * Samples of the following metallic salts * Calcium chloride * Copper chloride * Iron chloride * Lithium chloride * Potassium chloride * Sodium chloride * Strontium chloride * Unknown 1 * Unknown 2 Bunsen burner and accessories * Safety goggles * Lab apron * Splints soaked overnight in distilled water * 250 mL beaker half full of distilled water Procedures: 1. Place the end of one of the popsicle sticks soaked in a solution into the flame. Note color(s) of the flame and the duration of each color. Immerse the wooden splint in the distilled water to fully extinguish it, and then discard it in the trash. Record your results. 2. Repeat step 4 for each of the remaining salts. 3. Repeat step 4 for each of the unknown metals and predict the identity of the unknown metals. Repeat any of the known metals to help with this prediction. **Wash hands thoroughly before leaving the lab. ** Some of the salts used are poisonous or irritating to the skin. Keep your hands away from your mouth until after you have washed them and have let the laboratory. Results/Data Collection/Analysis: The calcium chloride had a pretty average wavelength and turned the fire green. For some reason CuCl and NaCl both burned orange, coming in with the second lowest energy. Iron chloride had a â€Å"sparky† appearance that lasted for approximately six seconds and it was concluded that it had a high energy. Lithium chloride burned a pinkish color. Potassium chloride had a high energy and produced a purple flame. Strontium chloride had the lowest energy which was determined by red color of its flame. Unknown 1 was strontium chloride and unknown 2 was calcium chloride. The unknowns were found by comparing their flame colors to the known substances. Formula| Metal| Color Observed| Duration(sec)| CaCl2 | Calcium Chloride| Green| N/A| CuCl| Copper Chloride| Orange| N/A| FeCl3| Iron Chloride| Sparkle| 6 sec| LiCl| Lithium Chloride| Pink| N/A| KCl| Potassium Chloride| Purple| N/A| NaCl| Sodium Chloride| Orange| 30 sec| SrCl2| Strontium Chloride| Red| N/A| Unknown 1| Strontium Chloride| Red| 8 sec| Unknown 2| Calcium Chloride| Green| N/A| Questions: 1. What was (were) the identity of the metal ion(s) in the unknown solutions? Give evidence. -Unknown 1 proved to be strontium chloride because they shared the same flame color. Unknown 2 turned out to have a green flame which matched it up with calcium chloride. 2. Predict the flame color if metallic ions of copper and strontium were mixed. -Strontium and copper together should make a red orange or orange red depending on what the dominate color is. 3. Based on the flame colors in the experiment, which single element would most likely be used to produce yellow fireworks? Why? -Iron would most likely be used to make yellow fireworks based on the sparks it has originally have a tannish/yellow color to them. 4. Why do the metals give off light? -When the metals are rammed into heat they react and produce light. 5. Which of the flames that you observed gave off the most energy? -Potassium chloride gave off the most energy and one could tell based on its purple flame. 6. Why do some of the samples give off more than one color flame? When an electron goes through its excited sate it changes color but when it falls back down to its ground state then it goes back to its original color. Conclusion/Discussion: The hypothesis was supported because once I found out the color flame produced by all the solutions; I could match the unknowns with the known substances. We worked to slowly when we did the lab so we had to use second hand data. Also, lighting the Bunsen burner on fire was not the best idea. Why are the flames of no two gases exactly the same color? -Different gasses have a different amount of electrons on different energy levels. How to cite Flame Test Lab Write-Up, Papers

Performance Management of Organization

Question: Outline and Analyse the Problems Confronting CCC in the Short and Long term and offer Recommendations for their Resolution. Answer: Introduction: According to Van Dooren, Bouckaert and Halligan (2015) the process through which any organization systematically and strategically sets some objectives and manages their resources to reach out to the objectives is known as performance management system of the organization (PMO). Through this system the organization also keeps on reviewing the existing system to find out any in-discrepancy within the system that might lead to the collapse of the same. The success of any organization lies in the ways in which it can adopt changes within itself to match up with the external environment and sustain in the business (Hvidman and Andersen 2013). It has been observed that introducing changes in the organization has neither been simple nor can be done overnight. It requires time and is often associated with hindrances posed by the employees and clients in their acceptability of the situation. Changes within an organization can take place in various ways namely, cultural change, technological and even administrative changes. The way in which the organization manages the change depends on the perspective from which the changes have been made. This report takes into consideration an organization named Coxs Container Company. This organization brought about a huge changes in their administrative department through PMOs by implementing central administrative system. At the initial level the report gives a brief idea about the company. Then the report moves on focusing the problems faced by the chosen organization. The problems have been categorized into short and long term issues. After identification of the issues faced by Cox Container Company (CCC), this report shifts its focus on the organizational behavioural theories that have been violated. This report then tries to provide some recommendations which if followed might help CCC to settle internal disputes and manage to bring itself back into a profitable line of business. Background of the Company: During the year 1946, Harold Cox established his business which involves manufacturing containers of different shapes, sizes and materials. His company came to be known as Cox Container Company or CCC (www.coxcontainer.com 2017). The business has been looked after by the members of the Cox family who occupies the positions in the higher managerial level of the company. The product range varies from large metal containers for shipping and transportation to medium and small sized plastic containers. Since its inception, being first of a kind company, this organization has experienced a steady growth in their business by capturing both national and international markets. The Cox family having a deep rooted connection with their society provides employment mostly to the ethnic minority group of the region thereby helping them to gain financial and political stability in the economy (Corbett 1994). Recently, CCC has reported to face problems in some of their business area. The crux of thi s report is to identify those issues and trying to solve through recommendation. Problems of Coxs Container Company: The Cox Company after its establishment in the year 1946 faced negligible hindrance in its mode of operation. It is only in recent times that it has been facing several issues in its mode of operation. The hindrances that the company has been facing in regular terms for the last 5 years can be broadly categorized under two sub-headings namely, the long term and the short term. Short Run Problems: The short-run problems are those adverse impacts that can be reduced within a short span of time by implementing proper methods and policies. They usually do not create deep-rooted impact on the company (Champoux 2016). Two short run problems that CCC is facing are as follows: Trust factor: It has already been stated that the company has been engaged in providing job opportunity to the ethnic minority group. As Harold Cox, the founder of the company declared his retirement and handed over the charge to the general manager Erica Wilson, the employees started having problems and trust issues. Erica Wilson tried to restructure the functioning of the company through systematic approach of centralization starting with the recruitment of managerial specialists for different segments of the organization. This sudden action of recruiting new managerial experts in different domain to guide and control the organization gave the senior worker a sense of de-motivation. They felt insulted but kept quiet. However, their motive was identified by the unexpected behaviour of Abdul Aziz, the senior level production manager of the company. Training issues: The Cox Container Company has been into business for several decades but there has been clear reflection of paucity of skills amongst the employees. Hence, when a new system was introduced they felt threatened and unable to cope up with the newer system. This inadequacy of managerial skills has been reflected in the behaviour of Abdul Aziz. According to his perspective maintain and securing the on-floor production is both a sufficient and necessary part of his job. His behaviour also portrayed that he do not have any interest in the changes in both the external and internal environment of the company. Long Run Problems: The long run problems are those which cannot be eradicated easily and are interconnected in such a way that changes in one component creates a chain reaction within the organization (Champoux 2016). Problem in Centralization: Under the rule of Harold Cox, the company operated with high degree of autonomy in each of the segment, especially in the production department. There has been lack of hierarchical structure in the management and financial department. With the introduction of the new system, Wilson tries to hire specialists who can look after the different segments and thereby the autonomy has been hampered. Through the new system, each department is going to have an managerial executive who is going to be responsible for reporting the happenings of the department to the higher order central authority. This system hampered the senior level employees ego. They felt that they have been questioned upon their reliability and authenticity. All the three factors described above were the internal issues that CCC has been facing recently. On other hand, the external issues that the company have been facing recently have been discussed below. Entry of new market: The case study suggests that the company has been facing degradation in the level of profit over the last 5 years. This plummet in the level of profit has not been due to rise in the production cost but due to the increased level of competition in the economy. Earlier during the initial years, Cox Container Company did not face any competition from other firms. With the advancement of technology and increase in the level of trade, there has been an increasing in demand for movement of goods and commodities and thereby many new companies have entered in the market to reap the benefit of the growing demand. However, this has created problem for CCC. Recommendations for Solving the Issues: Once the issues faced by CCC have been identified, the next step that any company is going to take is to find a suitable ways in which these issues can be resolved by making changes in the organizational behaviour. Identifying the mismatch within an organization can be the first step in introduction of changes. The mismatch can occur as a result of negligence of the worker, faulty management system, ignorance about the external environment by the employees, lack of integration within the system and so on. Here by using Leavitts Diamond Model the internal factors that triggered the necessity to implement the changes has been observed (Kortina 2016). Figure 1: Leavitt's Diamond Model Source: Created by the Author By following this Diamond model it can be identified that the problems triggered from the structural side. Initially CCC having autonomous sub-system within the entire system is now facing issues with adaptation of the centrally administered system. The people belonging to the organization that is the employees are unable to adapt with the circumstances neither are they able to protest against it. Hence, dissatisfaction among them is taking a toll in the task they perform and thereby reducing productivity while increasing internal strife. In this section of the report initially the theory of organizational behaviour has been discussed. In the following parts some recommendations have been provided which might help CCC in improving their present scenario. Problem solving techniques requires implementing organizational behaviour within the institute (Miner 2015). The organizational behaviour is the systematic way of studying the human behaviour and finding out ways in which the human beings behave within an organization and the ways in which inter organization reacts to the issues. As opined by Hellriegal and Slocum the success of any organization in the long term depends on proficiency of the employees and leaders within the organization (Curtley and Slocum 2016). The company having competitive advantage provides an effective organizational behaviour within any company. The organizational behaviour has been broadly categorised under three types namely, micro level, meso-level and macro level behaviour (Naylor, Pritchar d and Ilgen 2013). The micro level organization studies the ways in which an individual interacts within the organization. In the given case study, there is existence of micro-level organizational issues. The meso-level organization deals with the ways in which different work groups within the organization interacts and identifies the glitches faced by them in the interaction. After going through the organizational behaviour theory, the ways in which people behave and the reason behind their unusual behaviour can be understood (Pinder 2014). Organizational Behaviour Theory: Recently, it has been observed that the organizations have been implementing havoc changes within their internal environment in order to adapt with the pressure coming from outside. As a result of globalization, there has been a huge change in the technology used, the political pattern within and outside the organization, increase in the level of competition and regulatory condition. The theories relating to organizational behaviour can be broadly categorised under few categories namely, theories of intelligence, motivation, personality, perception, behaviour and attitudes. Since, it has been observed that in CCC the issues mostly arises from peoples side, hence the motivational theory is going to be appropriate for discussion. Maslows Heirarchy of Needs: Abraham Maslow proposed this famous theory of hierarchy of needs. According to his theory, peoples level of motivation moves through several stages. The stages identified by Maslow are formed into hierarchical level starting from psychological need at the base. The other stages are safety, belonging, esteem and self-actualization (Cherry 2015). The physiological needs are the things without which people cannot survive. These are food, water, breathing and sleep. Safety needs is another requirement that people must have so that they have mental stability. Safety can be ensured by providing personal, financial, health security. The other level includes feelings of belongingness and attachment. Self-esteem plays a crucial role in motivating people in their workplace (Wilson 2013). Implication of Theory into CCC: The employees of CCC lacks in self-esteem and their egos have been hurt. Their sentiments have been tampered by implementing the new system. They feel that their financial safety is at threat. According to the statement of Abdul Aziz it seems that he and the other employees felt that the newly introduced central administrative system have been busy trying to prove that the old system is full of flaws and their view is correct in managing and bringing in synchronization within the organization. He felt that since he has been able to handle the production process without any defect and deliver all the consignment within time, so the working system and culture that he follows is impeccable. In this case study Aziz can be considered as the spokesperson voicing out the grievance of the entire employees. From the theory of Maslow, it can be clearly understood that the employees have been stuck at the base level of the hierarchical need. Few employees have been able to reach the second hier archy but none was could reach out to the third stage and hence this outburst of grievance took place. Hence, under this situation, in order to bring back the confidence of the people on the company and ensure the fact that they are still an asset of the company few changes can be taken up on the companys part. The possible changes that might prove to be helpful in regaining the confidence back are given below: Improving Communication: The approach of the new managerial specialists should be such that the old employees can relate themselves with the higher officials. Spreading awareness: The old employees are indeed dedicated but ignorance in their understanding in the external environment causes all the problems. By making them aware of the ways in which competition has increased and the need for having a centralized system might have solved the problem. Skill Development: CCC can provide incentive to those employees who are willing to take up the necessary training in skill development. Administrative participation: The employees can be made to believe that they are part of the system by allowing them to take participation in administrative purpose. The company can take in their opinion and discuss with them any issues prior to directly taking any decision. Conclusion: After going through the case study and trying to understand the entire scenario it can be said that like any other organization Cox Container Company has started facing problems in their organization. The company has been able to maintain its position for so long since 1946. Four factors have been identified as the root of the chaotic situation that the company has been facing in the past 5 years. Three of them being internal factor has been justified using motivational theory as proposed by Maslow. The fourth factor being external to the company cannot be reduced by any theory and has to be dealt with by improving the efficiency and productive capacity of the company through the newly launched centralized system. This system has been facing several hurdles in its implementation but can surely be removed if few such recommendations that have been mentioned can be followed. References: Champoux, J.E., 2016.Organizational behavior: Integrating individuals, groups, and organizations. Routledge. Cherry, K., 2015. Hierarchy of needs.The Five Levels of Maslow's Hierarchy of Needs. About. com Guide.| Link. Corbett, J.M., 1994.Critical cases in organisational behaviour. Macmillan. Cortina, J.M., 2016. Defining and operationalizing theory.Journal of Organizational Behavior,37(8), pp.1142-1149. Curley, A. and Slocum, J., 2016. Organizing a Startup Business According to Differentiation Strategy and Virtual Design. Exceeding Expectations. (2017). [online] Coxcontainer.com. Available at: https://www.coxcontainer.com/ [Accessed 21 Feb. 2017]. Hvidman, U. and Andersen, S.C., 2013. The impact of performance management in public and private organizations.Journal of Public Administration Research and Theory, p.mut019. Miner, J.B., 2015.Organizational behavior 1: Essential theories of motivation and leadership. Routledge. Naylor, J.C., Pritchard, R.D. and Ilgen, D.R., 2013.A theory of behavior in organizations. Academic Press. Pinder, C.C., 2014.Work motivation in organizational behavior. Psychology Press. Van Dooren, W., Bouckaert, G. and Halligan, J., 2015.Performance management in the public sector. Routledge. Wilson, F.M., 2013.Organizational behaviour and work: a critical introduction. Oxford University Press.