Anthrax Vaccination Program Essays - Vaccines, Anthrax, Free Essays

Anthrax Vaccination Program Essays - Vaccines, Anthrax, Free Essays Anthrax Vaccination Program On May 18, 1998, Secretary of Defense William Cohen approved a plan to vaccinate all U.S. service members for anthrax. This plan has caused a fierce ethical debate over the legitimacy of this vaccination. The Department of Defense claims the vaccination is completely safe and has been in use for decades. Some doctors dispute this claim, and contend the vaccination may not be effective against weapon versions of anthrax. Many service members have refused the vaccination and have either separated or faced formal punishment for their decision. The Bioport Corporation of Lansing Michigan is the only company that produces the anthrax vaccine. According to a Phoenix Times article, the original Bioport plant had to be demolished due to quality control problems. A new plant was built, but it also failed FDA inspections in December of 1999. Subsequently, the process of administering the vaccination to all service members has been suspended. The vaccination is currently administered only to personnel deploying to high threat areas of the world. The Joint Staff has designated Korea, Bahrain, Jordan, Kuwait, Oman, Saudi Arabia, Qatar, the United Arab Emirates (UAE), Yemen, and Israel as high-threat areas. The immunization is administered in a series of six shots over an eighteen-month period, with annual boosters. The following analysis will contain a brief discussion about both sides of this issue. To understand why the Department of Defense feels it is essential to take such precautions, it is first necessary to have some understanding of what anthrax is. Microsoft Encarta Encyclopedia defines anthrax as a contagious disease of warm-blooded animals, including humans, caused by the bacterium Bacillus anthracis. There are three types of anthrax diseases. The first is cutaneous anthrax, which is caused by contact with infected animals or contaminated animal products. The second type is gastrointestinal anthrax, which is caused by ingestion of contaminated meat. The last type is inhalation anthrax, which is the type used in biological weapons. It is caused by the inhalation of anthrax spores and it is the most deadly type of the disease. One of the most effective defenses against inhaling the deadly spores is a properly worn gas mask. The DOD fears that by the time an attack is detected, it will be too late to don protective clothing. Theory suggests that immunization may be the o nly chance of surviving an attack. With so many biological weapons in production, one may wonder why bother with a vaccination that is only going to protect personnel against one type of weapon. The DOD feels that anthrax spores are the top choice in biological weapons for germ warfare. They say it is one of the most effective biological weapons because it is almost always deadly if not treated early. In addition, it is relatively simple to manufacture in large quantities with only a basic knowledge of biology. The spores can be stored for long periods with no deterioration, and it can be delivered easily using missiles, rockets, artillery, bombs or sprayers. Once the weapon has been dispersed, there are virtually no indications of exposure. The vapor is odorless, colorless, taste-free and leaves no cloud. DOD claims there is no effective treatment once exposure has occurred. They suggest antibiotics will suppress infection, but only if they are administered within 48 hours of exposure. They also claim unprotected ind ividuals have a 99% chance of death after exposure. The Secretary of Defense has stated that it would be derelict l to send troops into one of the high threat areas without this vaccination. Other senior officers have frequently used the analogy It would be like sending troops into harms way without a helmet or flack vest. This theory brings up a question about whether the vaccination is safe and effective. DODs point of view suggests the vaccine is safe and will work. Their anthrax web site uses the reasoning that we already receive vaccines to protect against typhoid, yellow fever and many other diseases, so it makes sense to protect ourselves against this killing disease which can be used as a weapon. The vaccine was developed for human use in the 1960s and approved by the FDA in 1970. DOD states that it has been routinely administered to

USS Nebraska (BB-14) in the Great White Fleet

USS Nebraska (BB-14) in the Great White Fleet USS Nebraska (BB-14) - Overview: Nation: United States Type: Battleship Shipyard: Moran Brothers, Seattle, WA Laid Down: July 4, 1902 Launched: October 7, 1904 Commissioned: July 1, 1907 Fate: Sold for Scrap, 1923 USS Nebraska (BB-14) - Specifications: Displacement: 16,094 tons Length: 441 ft., 3 in. Beam: 76 ft., 2 in. Draft: 25 ft., 10 in. Propulsion: 12 Ãâ€" Babcock boilers, 2 Ãâ€" triple-expansion engines, 2 Ãâ€" propellers Speed: 19 knots Complement: 1,108 men Armament: 4 Ãâ€" 12 in./40 cal guns8 Ãâ€" 8 in./45 cal guns12 Ãâ€" 6-inch guns11 Ãâ€" 3-inch guns24 Ãâ€" 1 pdr guns4 Ãâ€" 0.30 in. machine guns4 Ãâ€" 21 in. torpedo tubes USS Nebraska (BB-13) - Design Construction: Laid down in 1901 and 1902, the five battleships of the Virginia-class were meant as successors to the Maine-class (USS Maine, USS Missouri, and USS Ohio) which was then entering service. Though conceived as the US Navys latest design, the new battleships saw a return to some features that had not been employed since the earlier Kearsarge-class (USS Kearsarge and USS ). These included the use of 8-in. guns as a secondary armament and the locating of two 8-in. turrets on top of the vessels 12-in. turrets. Supplementing the Virginia-class main battery of four 12 in. guns were eight 8-in., twelve 6-in., twelve 3-in., and twenty-four 1-pdr guns. In a shift from previous classes of battleships, the new design utilized Krupp armor instead of the Harvey armor that had been placed on earlier vessels. Propulsion for the Virginia-class came from twelve Babcock boilers which powered two vertical inverted triple expansion reciprocating steam engines. The second ship of the class, USS Nebraska (BB-14) was laid down at Moran Brothers in Seattle, WA on July 4, 1902. Work on the hull moved forward over the next two years and on October 7, 1904, it slid down the ways with Mary N. Mickey, daughter of Nebraska Governor John H. Mickey, serving as sponsor. Another two and a half years passed before construction on Nebraska ended. Commissioned on July 1, 1907, Captain Reginald F. Nicholson took command. The next several months saw the new battleship conduct its shakedown cruise and trials on the West Coast. Completing these, it re-entered the yard for repairs and modifications before resuming operations in the Pacific. USS Nebraska (BB-14) - Great White Fleet: In 1907, President Theodore Roosevelt became increasingly concerned about the US Navys lack of power in the Pacific due to the growing threat posed by Japan. To impress upon the Japanese that the United States could move its battle fleet to the Pacific with ease, he began planning a world cruise of the nations battleships. Designated the Great White Fleet, the Atlantic Fleets battleships steamed from Hampton Roads on December 16, 1907. The fleet then moved south making visits in Brazil before passing through the Straits of Magellan. Steering north, the fleet, led by Rear Admiral Robley D. Evans, arrived at San Francisco on May 6. While there, a decision was made to detach USS (BB-8) and Maine due to their abnormally high coal consumption. In their place, USS (BB-9) and Nebraska were assigned to the fleet, now led by Rear Admiral Charles Sperry. Assigned to the fleets Second Division, First Squadron, this group also contained Nebraskas sister ships USS Georgia (BB-15), USS (BB-16), and USS (BB-17). Departing the West Coast, the battleship and it consorts transited the Pacific to Hawaii before reaching New Zealand and Australia in August. After taking part in festive port calls, the fleet steered north for the Philippines, Japan, and China. Finishing visits in these countries, the American battleships crossed the Indian Ocean before passing through the Suez Canal and entering the Mediterranean. Here the fleet split to make visits in several nations. Moving west, Nebraska called at Messina and Naples before rejoining the fleet at Gibraltar. Crossing the Atlantic, the battleship arrived at Hampton Roads on February 22, 1909, where it was greeted by Roosevelt. Having completed its world cruise, Nebraska underwent brief repairs and had a cage foremast installed before rejoining the Atlantic Fleet. USS Nebraska (BB-14) - Later Service: Attending Fulton-Hudson Celebration in New York later in 1909, Nebraska entered the yard the following spring and received a second cage mast aft. Resuming active duty, the battleship took part in the Louisiana Centennial in 1912. As tensions increased with Mexico, Nebraska moved to aid American operations in that area. In 1914, it supported the US occupation of Veracruz. Performing well in this mission during 1914 and 1916, Nebraska was awarded the Mexican Service Medal. Obsolete by modern standards, the battleship returned to the United States and was placed in reserve. With the countrys entrance into World War I in April 1917, Nebraska returned to active duty. At Boston when hostilities commenced, Nebraska joined the 3rd Division, Battleship Force, Atlantic Fleet. For the next year, the battleship operated along the East Coast training armed guard crews for merchant vessels and conducting maneuvers. On May 16, 1918, Nebraska embarked the body Carlos DePena, the late ambassador of Uruguay, for transport home. After arriving in Montevideo on June 10, the ambassadors body was transferred to the Uruguayan government. Returning home, Nebraska reached Hampton Roads on July and began preparing to serve as a convoy escort. On September 17, the battleship departed to escort its first convoy across the Atlantic. It completed two similar missions before the wars end in November. Refitting in December, Nebraska was converted into a temporary troopship to assist in bringing American soldiers back from Europe. Conducting four voyages to and from Brest, France, the battleship transported 4,540 men home. Completing this duty in June 1919, Nebraska departed for service with the Pacific Fleet. It operated along the West Coast for the next year until being decommissioned on July 2, 1920. Placed in reserve, Nebraska was rendered incapable of war service following the signing of the Washington Naval Treaty. In late 1923, the aging battleship was sold for scrap. Selected Sources DANFS: USS Nebraska (BB-14)NHHC: USS Nebraska (BB-14)NavSource: USS Nebraska (BB-14)

The mechanism of ethanol induced hepatotoxicity in man Essay

The mechanism of ethanol induced hepatotoxicity in man - Essay Example Alcohol damages liver as a dose-dependent hepatotoxin (Maddrey 2004). The damage is mainly due to the by-products of metabolism. After absorbed from the gastrointestinal tract, alcohol undergoes oxidation in the liver. The first step in the oxidation is conversion of ethanol to acetaldehyde and this is catalyzed by alcohol dehydrogenase. During this process, NADH (NAD, nicotinamide adenine dinucleotide) is released. The acetaldehyde is further oxidized to acetic acid which then enters the citric acid cycle and metabolized to carbondioxide and water. NADH is used up in the conversion of pyruvic acid to lactic acid, in the synthesis of lipids and in the electron transport chain (Paton 2005). Most of the damage to cells caused by ethanol is due to acetaldehyde and NADH. Acetaldehyde causes damage due to immune response and increased NADH causes altered NADH/NAD ratio leading to increased oxygen consumption and hypermetabolic state (Tome 2004). During the initial stages of excessive alcohol consumption, fat deposition occurs in the liver. When fat deposition occurs without any evidence of cell inflammation, it is usually reversible and benign (Maddrey 2004). However, gradually cell inflammation occurs resulting in liver necrosis and fibrosis. Acute fatty liver is caused by increased uptake of plasma-free fattyacids which are released secondary to enhanced blood flow in the liver, activation of phosphatidate phosphohydrolase and hypermobilization of adipose-tissue fat (Badawy 1980). The increase in hepatic blood flow is secondary to the direct stimulatory effect of alcohol on the adrenal and pituitary axis (Ismail 2006). Chronic fatty liver occurs due to chronic ingestion of alcohol which inhibits fatty acid oxidation in the liver. There is also release of very low-density lipoprotein into the blood. As consumption of alcohol continues and increases, hypoxia ensues and there is shift in lipid metabolism leading to decreased energy stores.

Strawberries Attributes and Promotion Strategies Research Paper

Strawberries Attributes and Promotion Strategies - Research Paper Example What image do you currently have in regards to strawberries? What are the positive and negative aspects of this image? 2. What features or attributes do you consider when choosing whether to purchase strawberries and why these features? 3. In what situations do people eat strawberries? 4. Why do you think some people do not purchase strawberries? What then would motivate them to purchase strawberries? 5. Are people willingly ready to purchase a punnet of strawberries? Do you always buy in punnets? And how often? 6. What values do you have in regards to eating strawberries? Do you think these values can attract other customers to eat strawberries? Respondent one I love strawberries. They are sweet and healthy for the body. My children love them also. Otherwise people do not eat the fruit because of the organic foods being introduced all over. The attributes I look for I the oduor of the fruit and its size. The fruit should have a sweet aroma and should be just ripe. I often buy berrie s that also well packaged by the local industries. People tend more often to eat strawberries during picnics and as a fruit at home. I always carry some during picnics. Some people tend to have different desires for fruits. I think some just dislike the fruit, the price is not consumer friendly or they eat it in other form like wines and jams. I think it is wise to create awareness of benefits of eating the fresh whole fruit in matters of health. Otherwise advertising would go a long way in achieving this and free samples. People always purchase punnets of berries. Personally I do that all the time. I value the health benefits of this fruit. Research has shown that it helps in fighting cancer and has a lot of nutrients. I think people should be made aware of this value. I believe it can change the whole outlook of strawberries. Respondent two I do eat strawberries as a fruit. I however, prefer other types of fruits. The strawberries are quite expensive compare to maybe eating a bana na. I look for big bunches that are freshly packaged; Plus of course the price of the entire package. People eating strawberries anytime at work, leisure, breakfast. Personally I eat them over lunch time. I think they don’t like the fruit otherwise the price is not as high as to discourage consumption. Otherwise with the issue of inorganic and organic foods they may also have had an issue. To motivate them to buy, promotions with free samples etc. should be done. People always buy punnets of strawberries. I value the fresh fruit in matters of nutrient content plus it is a good way to maintain weight. Respondent three I love strawberries because they are good for my health. I always smell the fruit; I read the package plus am very conscious regards to inorganic fruits. I prefer locally produced. During picnics, breakfast, lunchtime. People do not always purchase them because they do not understand the benefits of strawberries. Irregardless of the price I think the benefits out weigh the cost. People always buy them in punnets. I do that every day. I value the health benefits plus the taste of the strawberries. They look so good and taste so good. Health promotion should be done in regards to strawberries. Respondent four Strawberries are just fruits like any other fruit. I don’t consume it so often because of the upcoming brands of inorganic foods in the market. I check for locally produced strawberries that are fresh. During

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