Law of Sale of Goods (Part I)

Topic 12 1. 2. 3. 4. 5. Law of Sale of Goods (Part I) LEARNING OUTCOMES By the end of this topic, you should be able to: Define the meaning of goods; Describe the classification of goods; Differentiate a contract of sale and an agreement to sell; Explain the implied terms in a contract of sale of goods; and Identify the importance of transfer of property in the goods. INTRODUCTION The Sale of Goods Act 1957 (Revised 1989) is the statute applicable to sale of goods in Peninsular Malaysia.For Sabah and Sarawak, the law of sale of goods is governed by Section 5(2) of the Civil Law Act 1956. It provides that: „The law to be administered shall be the same as would be administered in England in the like case at the corresponding period. †° In effect, Sabah and Sarawak continue to apply principles of English law relating to the sale of goods. The Sale of Goods Act 1957 was enacted based on the English Sale of Goods Act 1893 (which was replaced by the Sale of Goods Act 1979).The S ale of Goods Act 1957 applies to contracts for the sale of all types of goods including second-hand goods, and to commercial and private sales, wholesale and retail. The general law of contract will continue to apply to contracts for the sale of goods as Section 3 of the Sale of Goods Act 1957 expressly provides for the continual application to contracts for the sale of goods of the 198 TOPIC 12 LAW OF SALE OF GOODS (PART I) provisions of the Contracts Act 1950 „in so far as they are not inconsistent with the express provision of this Act†°. 12. 1 DEFINITION OF GOODSGoods under Section 2 of the Sale of Goods Act, 1957 means „every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass, and things attached to or forming part of the land which agreed to be severed before sale or under the contract of sale. †° In Section 6 of the Sale of Goods Act 1957, goods which form the subject of a contract of sale may be either existing goods or future goods. Existing goods are goods already owned or possessed by the seller and may comprise specific or unascertained goods.Goods are specific if they are identified and agreed upon at the time a contract of sale is made. Unascertained goods are goods not identified and agreed upon at the time a contract of sale is made. Ascertained goods are those unascertained goods which have been identified and appropriated to the contract after the contract has been made. Future goods consist of goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. 12. 2 CONTRACT OF SALE A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration.Section 4(1) of the Sale of Goods Act 1957 defines a contract of sale of goods as: „A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. †° A contract of sale includes a sale and an agreement to sell. What is the difference between a sale and an agreement to sell? According to Section 4(3) of the Sale of Goods Act 1957: „Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of theTOPIC 12 LAW OF SALE OF GOODS (PART I) 199 property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. †° Under Section 4(4): „An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. †° The above provisions distinguished a sale from an agreement to sell in terms of ownership or „the property in the goods†°.A contract is a sale when the ownership or the property in the goods passes to the buyer and it is an agreement to sell where the transfer of the pr operty in the goods is to take place at a future time or subject to some condition to be fulfilled. An ownership must also be distinguished from possession. A person who possesses certain goods may not be the owner of the goods. Alternately, an owner of certain goods may not have the goods in his possession. In an agreement to sell, the goods still belong to the seller. Consequently, if the buyer breaches an agreement to sell, the seller may sue for unliquidated damages.If the seller breaches an agreement to sell, the buyer has only a personal remedy for damages against the seller. Whereas in a sale, if the buyer fails to pay, the seller can sue for the contract price because ownership has passed to the buyer. 12. 3 TERM OF CONTRACT The conditions and warranties in contract of sale of goods are provided in Section 12 of the Sale of Goods Act 1957. A condition under Section 12(2) is: „A stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. †° 200 TOPIC 12 LAW OF SALE OF GOODS (PART I)A warranty under Section 12(3) is: „A stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated. †° According to Section 12(4): „Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. The stipulation may be a condition, though called a warranty in the contract. †° There are circumstances which permit the buyer to treat a breach of condition as a breach of warranty, as provided in Section 13(1) of the Sale of Goods Act 1957.It provides that: „Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating th e contract as repudiated. †° However, under Section 13(2), where a contract is not severable and the buyer has accepted the goods or part thereof, the breach of condition must be treated as a breach of warranty. Similarly, in a case where the contract is for specific goods and the property has passed to the buyer.Therefore, the buyer cannot reject the goods and repudiate the contract. 12. 4 IMPLIED TERMS Implied terms are those conditions and warranties implied by the statute into particular contracts. The terms, though not expressly found in the contract, are generally accepted incidents of the contract and therefore imported by the courts. The kind of terms implied by statute for the contract of sale of goods are the conditions and warranties provided under the Sale of Goods Act 1957. These conditions and warranties implied in a contract of sale of goods ind the contracting parties, the buyer and the seller. However, according to Section 62 of the Sale of Goods Act 1957: â₠¬Å¾This right, duty or liability that would arise under a contract of sale by implication of law may be negatived or varied by express agreement or by the course of dealings between the parties, or by usage, if the usage is to bind both parties to the contract. †° This means the parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 201 12. . 1 Title Section 14 of the Sale of Goods Act 1957 provides the implied undertaking as to title in a contract of sale. According to the provision, „unless the circumstances of the contract indicate a different intention, there is: (a) An implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. An implied warranty that the buyer shall have and enjoy qu iet possession of the goods.An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made. †° (b) (c) A breach of condition entitles the buyer to treat the contract as repudiated and recover the price in full even though he has used the goods. This is because the buyer pays the price of the goods in order to enjoy the ownership as well as the use of the goods. In the case of Rowland v Divall [1923] 2 KB 500, the plaintiff bought a car from the defendant.After using the car for four months, the plaintiff discovered that it was a stolen car and he had to return it to the true owner. The Court of Appeal held that the defendant had breached the condition as to title and the plaintiff could recover the full price because of total failure of consideration. 12. 4. 2 Sale of Goods by Description The rule relating to sale of goods by description is provided in Section 15 of the Sale of Goods Act 1957. It provides that: „Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. 202 TOPIC 12 LAW OF SALE OF GOODS (PART I) In addition, „If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. †° Sale of goods by description covers all cases where the buyer has not seen the goods but is relying on the description alone, for example, goods ordered from a catalogue or if ordered over the counter, by a trade name. Thus, it includes all contracts for the sale of unascertained goods and sale of specific goods which the buyer has not seen prior to the contract.In the case of Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67, previous contracts between the parties for the sale of flour had been sold in bags bearing a well-known trade mark. Further flour was ordered, described as „the same as our previous contract†°. Flour identical in quality was delivered but it did not bear the same well-known trade mark. It was held that it did not comply with the description. In another case of Beale v. Taylor [1967] 1 WLR 1193, the seller advertised a car as „Herald Convertible, white, 1961, twin carb «Ã¢â‚¬ °.The buyer saw the car before he agreed to buy. Later, he discovered that the rear of the car was part of a 1961 Herald Convertible while the front half was part of an earlier model. It was held that he was entitled to claim damages for breach of the condition. In the case of Moore & Co v. Landauer & Co [1921] 2 KB 519, the buyers were entitled to reject the goods because half of the cases contained only 24 tins, even though the total quantity was met. The contract was for 3100 cases of Australian canned fruit packed „30 tins to case†°. 2. 4. 3 Fitne ss for Purpose and Merchantable Quality Section 16 of the Sale of Goods Act 1957 provides that there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except in the following situations: TOPIC 12 LAW OF SALE OF GOODS (PART I) 203 Goods must be reasonably fit for the purpose for which the buyer wants them (Section 16(1)(a)); or Goods must be of merchantable quality (Section 16(1)(b)). (a) Goods must be reasonably fit for the buyerEs purpose. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellerEs skill or judgement, and the goods are of a description which is in the course of the sellerEs business to supply (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose. †° But in the case of a cont ract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose.The buyer may invoke Section 16(1)(a) if he makes known to the seller the particular purpose for which he acquires the goods and the buyer is relying on the sellerEs skill and judgement. The goods must also be a description which is in the course of the sellerEs business to supply and if the goods are specific, they must be bought under their trade name or patent. The above requirements are explained in the following cases: In Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685, a woman with an abnormally sensitive skin bought a Harris Tweed coat without disclosing to the seller about her abnormality.She could not claim under this section because the coat would not harm a normal person. Thus, the buyer must clearly indicate the special purpose for which the goods are to be used. Otherwise, there is no breach of the implied condition if the goods are suitable for their general and normal purpose. If the description of the goods is only for one purpose, then it requires no further indication. For example, a hot water bottle is meant to contain hot boiling water; if it breaks upon filling of hot water, then it is not fit for its purpose. 204 TOPIC 12LAW OF SALE OF GOODS (PART I) In the case of Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402, there was a contract by A to build a propeller for B in accordance with BEs specification and to fit a particular ship and its engine. The propeller supplied complied with the specification and design but did not suit the shipEs engine. A was held liable for breach of an implied condition since the buyer had informed the seller of the purpose for which he needed the goods and relied on the sellerEs skill and judgement to provide them. In Baldry v.Marshall [1925] 1 KB 260, the buyer asked the dealer for a car suitable for touring and the dealer recommended a Bugatti car. A contract for the sale of the car was made. Later, the buyer found that the car was unsuitable for touring. The Court of Appeal held that the dealer was liable because the buyer had relied on the dealerEs judgement in selecting a suitable car for the specific purpose stated by the buyer (even though the car was bought under its trade name). Hence, if the buyer purchases goods under its trade name but at the same time relies on the sellerEs recommendation, it means the buyer is still relying on the sellerEs skill.But if the buyer purchases specific goods under a trade name and gives the impression that he is not relying on the sellerEs skill, then he cannot claim under this section. (b) Goods must be of merchantable quality „Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality. †° However, „If the buyer has examined the goods, there shall be no implied condition as regards defects, which such examination ought to have revealed. „Merchantable quality†° means the goods are fit for the particular use in which they were sold. Therefore, if they are defective for their purpose, they are considered unmerchantable. TOPIC 12 LAW OF SALE OF GOODS (PART I) 205 For implied condition as to merchantable quality, the buyer need not make known to the seller the particular purpose for which he requires the goods. The section only requires the goods to be bought by description and bought from a seller dealing with the goods of that description. Where goods are old under their trade name, the implied condition as to merchantable quality is applicable although the implied condition as to fitness is excluded. In Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868, fuel by its trade name ACoaliteE was ordered from a fuel merchant. The consignment was contaminated in that a detonator was embedded in the coal, resulting in an explosion in the fire-place when used. The Court held that the consignment as a whole was unmerchantable, having defects making it unfit for burning.In the proviso to Section 16(1)(b), the implied condition does not apply „where the buyer has examined the goods as regards defects which such examination ought to have revealed. †° This means if the buyer has conducted some examination before or at the time of the contract, the buyer cannot later complain about the defects which would be revealed by a proper examination. In the case of Thornett & Fehr v. Beers & Sons [1913] 1 KB 486, the buyer had conducted a superficial look at the outside of some barrel of glue. It was held that there was an examination and thus the implied condition as to merchantable quality did not apply. 2. 4. 4 Sale by Sample Section 17 of the Sale of Goods Act 1957 provides that „in a contract for the sale of goods by sample, there is an implied condition: (a) (b) That the bulk shall correspond with the sample in quality; That the buyer shall have reasonable opportunity of comparing the bulk with the sample; and 206 TOPIC 12 LAW OF SALE OF GOODS (PART I) (c) That the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. The three conditions above are independent of one another.If the bulk corresponds with the sample but there is a latent defect rendering the goods unmerchantable, the buyer is still entitled to reject them. In the case of Drummond v. Van Ingen (1887) 12 App. Cas. 284, the cloth supplied by the seller was equal to sample previously examined but because of a latent defect not discoverable by a reasonable examination, the Court found the seller in breach of the condition. SELF-CHECK 12. 1 1. What is the meaning of existing goods, future goods, specific goods and unascertained goods? Provide examples in your explanation. What is the difference between a sale and an agreement to sell?What are the kind of implied conditions and warranties incorporated in a contract of sale of goods? What is the effect of breach of implied condition and warranty in a contract of sale of goods? Can the party to the contract of sale of goods exclude the implied terms? 2. 3. 4. 5. TOPIC 12 LAW OF SALE OF GOODS (PART I) 207 ACTIVITY 12. 1 Discuss the following questions: (a) Michael and his wife Betty, were busy shopping for new furniture for their new house. Three days before moving, they visited a furniture shop Antique Design. Betty was very interested in a sofa set from Italy worth RM15,000.The set was made from soft leather, brown in colour and consist of one coffee table, and they agreed to buy the set. Both the husband and wife also agreed to buy a double bed for their daughters. Michael informed the seller that he wanted a double bed made from good quality wood. The seller assured Michael that he would meet Michael Es request, as he was an expert and experienced in selling furniture. After payment, the seller promised to deliver the furniture on the day that they were supposed to move into their new house. Michael and Betty also went to Cool Air-Cond, a shop selling air conditioners.The seller managed to attract Michael to buy a portable air-conditioner at the price of RM2,000, with a guarantee that the air conditioner could be used for the next five years without any problem. After checking the goods and satisfied with their condition, Michael made a payment. The seller promised to deliver the air conditioner on the day they move to the new house. On the day of moving, all of the goods ordered by Michael and Betty were delivered. Nevertheless, they were disappointed to see that the sofa set that was delivered was not brown and did not include the coffee table and that the double bed ordered was not of good quality wood.Meanwhile, the portable air conditioner that Michael bought produced a str ong noise when it was switched on. Michael and Betty were very disappointed with what had happened and seek your legal advice on what action can be taken on the sellers of the goods. B placed an advertisement in a local newspaper offering for sale, a second-hand car at RM40,000 o. n. o. The car was described as „Toyota, late 2000†° model. Q responded by offering to buy the car at RM37,000. The offer was accepted by B.After driving the car for almost three months, Q discovered that only the body of the car was of „late 2000†° model while the engine was from a much earlier model. Q now wishes to rescind the contract and seeks your advice on the matter. Advise Q on her rights under the Sale of Goods Act 1957. (b) (c) 208 TOPIC 12 LAW OF SALE OF GOODS (PART I) (d) Sally, a contestant in one of the top reality shows in TVReality was preparing for the final contest to become the winner for the new season 2008. Sally engaged a professional tailor to sew the dress suit able for the contest.Sally consulted Robin, a well-known fashion designer in town, on the choice of fabric for the dress because she had sensitive skin and was allergic to certain types of fabric. Sally paid RM3,000 for the cost of the dress. After the contest, Sally discovered red spots on her skin. She went to see the doctor and was told that her skin was sensitive to the fabric used for the dress that she had worn for the contest. Sally went to see Robin and returned the dress because the fabric used for the dress was not fit for the purpose she made known to Robin and caused her skin complaint.Sally also claimed for the refund of the cost of the dress from Robin and the medical expenses incurred by her. Decide whether Sally could claim for the refund of her money from Robin as well as the cost for her medical expenses. 12. 5 TRANSFER OF PROPERTY IN THE GOODS AND RISK Property in the goods means title or ownership. The transfer of property in the goods is very important because i t determines the risk. As a general rule, the risk passes when the property in the goods passes (notwithstanding whether delivery has been made). Thus, the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer.When the title or ownership is transferred to the buyer, then the goods are at the buyerEs risk. According to Section 26 of the Sale of Goods Act 1957: „Unless otherwise agreed, the goods remain at the sellerEs risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyerEs risk whether delivery has been made or not: Provided that where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. TOPIC 12 LAW OF SALE OF GOODS (PART I) 209 This means, if delivery has been delayed through the fault of either party, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. 12. 5. 1 Effects of the Contract Since the risk passes when the property in the goods passes, is it essential to know when the title passes. Under the Sale of Goods Act 1957, Section 18 to 23 provide certain rules that determine the time when property in the goods passes to the buyer. a) Sale of unascertained goods Under Section 18 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Sale of specific or ascertained goods Under Section 19 of the Sale of Goods Act 1957, where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. Thus, the general rule is that title passes when the parties to a contract of sale intend it to pass.Unless a different intention appears, the following rules are the rules for ascertaining the intention of the parties as to the time of passing of property in the goods. (c) Specific goods in a deliverable state Under Section 20 of the Sale of Goods Act 1957, where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made. It is immaterial whether the time of payment of the price or the time of delivery of the goods is postponed. For example, A agrees to buy a specific book entitled „Business Law†° on credit.The title in the book passes to A on the sale even though the payment is postponed. (d) Specific goods to be put into a deliverable state Under Section 21 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods and the seller is bound to do something to the (b) 210 TOPIC 12 LAW OF SALE OF GOODS (PART I) goods fo r the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof. For example, A agrees to sell a specific computer to B and promises to install the specific software in the disk.The ownership in the computer does not pass to B until A installs the specific software as promised and B must know about the fact that A has done the installation. (e) Specific goods in a deliverable state when the seller has to do anything thereto in order to ascertain price Under Section 22 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.For example, A agrees to sell to B all the flour contained in a specific sack for RM3 per kil ogram. The title does not pass to B until A weighs the flour and B knows that the flour has been weighed. (f) Sale of unascertained goods and appropriation Under Section 23 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer.The assent may be expressed or implied and may be given either before or after the appropriation is made. A contract for the sale of unascertained goods is an agreement to sell and not a sale. Future goods mean goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. „Unconditionally appropriated to the contract†° in the provision above means a clear act showing the intention to ident ify certain goods as attached to the contract and without any condition.The duty to appropriate may be placed on the buyer or the seller. Appropriation may involve the act of selecting, separating or weighing from a bulk by the buyer or the seller, and it must be approved by the other party. The appropriation must be unconditional and it should pass property in the goods without further requirements (such as payment or price). Further, Section 23(2) of the Sale of Goods Act 1957 provides that where (in pursuance of the contract) the seller delivers the goods to the buyer or to a TOPIC 12 LAW OF SALE OF GOODS (PART I) 211 arrier or other bailee for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. The effect is that property in the goods passes to the buyer at the time when the goods are handed over to a carrier (for example, a transportation company such as shipping, truc king or railway). The carrier is the buyerEs agent for the purpose of delivery. But if the carrier is the agent of the seller, then property in the goods will not pass until the goods are actually delivered to the buyer. g) Goods sent on approval or „on sale or return†° Under Section 24 of the Sale of Goods Act 1957, when goods are delivered to the buyer on approval or „on sale or return†°, or other similar terms, the property in the goods passes to the buyer: (i) when the buyer signifies his approval or acceptance to the seller or does any other act adopting the transaction; or if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. ii) Under the second situation above, if a time is fixed for the return of the goods, then property in the g oods passes upon the expiration of the time. But if no time is fixed, property in the goods passes upon the expiration of a reasonable time. SELF-CHECK 12. 2 1. 2. 3. 4. 5. 6. What is the meaning of property in the goods? What is the significance of the transfer of title or ownership in the goods? When does the risk pass to the buyer in a contract of sale of goods? How would you determine the time when the property in the goods passes to the buyer?When is the property in the goods transferred to the buyer in a contract for sale of unascertained goods? When is the title or ownership transferred to the buyer in a contract for sale of a specific or ascertained goods? 212 TOPIC 12 LAW OF SALE OF GOODS (PART I) ACTIVITY 12. 2 Discuss the following question: 500 tonne metric of flour belonging to a vendor were stored in a godown belonging to Mr. Isaac. The vendor sold 200 tonne metric of the flour to Mr Hans and gave him a delivery order addressed to Mr Isaac.When Mr HansE carrier arrived at the godown, Mr Isaac had already set aside the 200 tonne metric of the flour. The carrier handed the delivery order to Mr Isaac who gave instructions for loading to commence. Before the loading could commence, Mr IsaacEs godown caught by fire and it destroyed the whole stock of the flour. Discuss when did the property in the goods pass and who shall bear the loss. A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration. Where the property in the goods is transferred from the seller to the buyer, the contract is called a sale.Where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. What distinguishes a sale from an agreement to sell is in terms of ownership or „the property in the goods†°. A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a r ight to treat the contract as repudiated. A warranty is a stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated.The conditions and warranties implied in a contract of sale of goods bind the contracting parties, the buyer and the seller. The parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 213 In a contract of sale of goods, there are implied conditions as regards to title, description, sample, fitness for particular purpose and merchantable quality.Unless the circumstances of the contract indicate a different intention, there is an implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. There is an implied warranty that the buyer shall have and enjoy quiet possession of the goods and that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made.The risk passes when the property in the goods passes, thus the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer. Agreement to sell Fitness for purpose Implied terms Merchantable quality Property in goods Sample Title Sale of goods Transfer of title Text Books: Harlina Mohamed On & Rozanah Ab. Rahman. (2007). Undang-Undang Perniagaan Malaysia. Selangor: Kumpulan Usahawan Muslim Sdn. Bhd. Wu M. A. & Vohrah B. (2000). The Commercial Law of Malaysia (2nd Ed. ). Selangor: Pearson and Longman. Cases:Baldry v. Marshall [1925] 1 KB 260. Beale v. Taylor [1967] 1 WLR 1193. Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402. Drummond v . Van Ingen (1887) 12 App. Cas. 284. 214 TOPIC 12 LAW OF SALE OF GOODS (PART I) Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685. Moore & Co v. Landauer & Co [1921] 2 KB 519. Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67. Rowland v Divall [1923] 2 KB 500. Thornett & Fehr v. Beers & Sons [1913] 1 KB 486. Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868.

Pudd’Nhead Wilson Theme

A persistent theme throughout Pudd’nhead Wilson is nature versus nature. This covers the social issues of identity and reputation in a broader sense than man versus man. Mark Twain does not lean towards one side more than the other, however. Racial distinctions are a major topic discussed in this story. This contributes to the other themes of honor and betrayal.. Mark Twain was able to discuss many complex themes in this story.I believe that one of the most persistent themes in Pudd’nhead Wilson is nature versus nature, rather than man versus man. This is because rather than focusing on how men interact with other men, Twain asks why they act a certain way. What determines a person’s identity? What do they inherit from their surrounding environments? Tension between nature and nurture is most clearly seen in the character of Tom Driscoll. Tom was raised as a rich, spoiled kid. He eventually grows to become a lazy, untrustworthy man.These characteristics were said to come from his inherited â€Å"slave† qualities, which shows how racial distinctions play a part in this theme. There is a beautiful, intelligent woman in Pudd’nhead Wilson named Roxy, who appears to be white. However, due to a tiny fraction of her blood being black, she is condemned to a life of slavery. But she is incredibly clever and could be very successful. The racial classification is seen through the switching of babies.Roxy’s baby is destined to a life of slavery; while her master’s son, Tom, is guaranteed fortune and luxury his whole life. Honor and betrayal is seen specifically when Tom gets himself into trouble with gambling debts. Roxy is willing to make a huge sacrifice for her son. She offered to forfeit her freedom and to be sold back into slavery in order to raise enough money to pay off Tom’s debt. Twain portrays Roxy as an honorable woman by emphasizing on how she- a slave- is willing to sacrifice for Tom- a fortunate, dishone st man.She asks two things of him by making this sacrifice: that she is sold up north and that he buys her back a year later. Tom expresses gratitude for his mother, but is quick to betray her. The theme of man versus man could not cover the complexity of the themes in Pudd’nhead Wilson. Nature versus nature is a major theme in the story. This includes racial distinctions and other social issues. Honor and betrayal is another theme revealed in Pudd’nhead Wilson. Twain did an excellent job at â€Å"weaving† all these themes together in this story.

Benefits of Going Holidays

What is the psychological benefit of going on holiday? For most of us life involves the constant routine of work, whether at home with the family or within a business. Household duties, shopping, cooking, and looking after our families, watching television and whatever other hobbies or activities we engage in keep our minds active and occupied day in day out. If we interpret our situation to be stressful, forced, without choice or robotic then the constant engagement in life can wear us down and leave us feeling less than enthusiastic.If we feel unhappy about our situation and yet do not see a way to change it to what we would rather have, life can become a chore rather than exhilarating and exciting. It’s not always easy to change a job we do not enjoy or feel suitably challenging. It’s not always appropriate, financially or emotionally realistic to leave difficult relationships or stressful family situations, therefore we endure our current lifestyles, regardless.Read more in Holidays  « Four Leaf Clover Brings Luck? Guest Country and Republic Day  » How can we get away from an unchanging routine? In the same way you would take a break from over-involvement in a demanding task to clear your mind and gain new perspective before returning to recreate new ideas, you can take a holiday in order to refresh your mind from the prolonged identity with sameness, stress, fatigue or monotony.Obviously our lives do not have to be troubled or stressful to appreciate a holiday but no matter what we engage in daily, there is routine of some sort, therefore a change of scenery and new exciting stimulation for our minds is advisable in order to remind ourselves there is more to life than the ongoing routine of our current situations. Some people experience a sense of freedom the moment they lock the front door to their house, and their holiday has begun. Everyday life is left behind. For others it’s being on the aeroplane, physically identifying with having left their country or even just their county behind.For others it’s a few days into their holiday when they can identify and appreciate several days off together, which they normally do not experience in working life. Whatever it is for you, when it hits home you are free to do exactly as you wish; eat when you like, relax and read a book or go for a walk, engage in water sports, soak up the scenery, admire the architecture, rekindle romance, have fun with the children – you can completely relax and give your entire mind and body a well deserved holiday.Engaging in the freedom of not having to worry about time or deadlines or even family demands is extremely beneficial to our well-being. Life without tasks can be boring and uneventful but in order to appreciate what we have and identify with our own self worth and admiration of all that we do in life – it is advisable to take time out and experience the opposite as we enjoy complete relaxation without any demands.Choose a holiday in line with your idea of relaxation, which for an individual could be anything from a camping holiday to relaxing on a cruise ship or sightseeing in Barcelona. There is no point going on holiday to do more of what you do not want to do. Our minds need a break from ongoing concentration just as much as our bodies do if they are working continuously on an arduous task. Have a change of scenery and enjoy the contrast between complete choice in the moment and the scheduled routine of home and work life.

Summary and response Assignment Example | Topics and Well Written Essays - 250 words - 6

Summary and response - Assignment Example This is because culture shock often extends far long enough to cause many students to disrupt their studies. This is why a way should be found to assimilate these students into campus life to enrich their foreign life experiences. I agree with this idea presented by Tas in his research study that foreign students are important assets to the US in terms of the contributions they make to enrich campus culture, local economy, and academic competitiveness. Research also confirms the validity of this idea claiming that contributions made by foreign students are so massive that they â€Å"are worth the recruitment and visa challenges† (Godwin, n.d.). The idea is also supported by research that culture shock for foreign students can become so big that a state of cognitive dissonance or catch-22 can be created for them easily. In such a state, it can become very difficult for them to continue their studies. This is why efforts should be made by administrators and instructors to help foreign students overcome these â€Å"stark differences they encounter in the classroom and academic system† (Godwin,

EPIC - DSS Research Paper Example | Topics and Well Written Essays - 750 words

EPIC - DSS - Research Paper Example The evaluation process will assist in determining the probability and effectiveness of EPIC-DSS. Apart from this, the evaluation process will also help to determine the benefits of implementing DSS in case of business decision making or structuring reports (Louw, 2002). The implementation of DSS has acted as solution to the management in order to increase the effectiveness of decision making process for better effectiveness and efficiency. It has secured the business operations as well as reduced the cost of business operation for the future endeavors. Moreover, it has advanced the business processes and improved an organizations competitive advantage by ensuring facilities in case of production, promotion, pricing, marketing and some logistical functions (Louw, 2002). On the contrary, it also helps to make decisions in case of nursing and clinical purpose. It helps in delegating responsibilities to the people so that the organisation is managed efficiently. The proposed research, aims to evaluate the benefits of EPIC-DSS after implementing DSS. The evaluation approach will review the quality of the decision making in case of various business activities. Apart from this, it will also determine the cost involvement in the EPIC-DSS process to increase the effectiveness of business. Moreover, it will help to identify the improvement of an organization in terms of competitive advantage. Through the evaluation approach it will be possible to identify the effectiveness of the DSS. Beside, this it will also help to determine the advancement of business processes due to the implementation of EPIC-DSS in the management (Louw, 2002). The results of evaluation will help to understand the benefits and threats of EPIC-DSS in case of business activities. Moreover, the result of evaluation will help to take precautions before using the EPIC-DSS in case business activities are

The Role of the Colonies in the British Mercantilist System Essay - 1

The Role of the Colonies in the British Mercantilist System - Essay Example With King James II, British colonies turned into a source of profit and power for the British Empire. King James II attempted to create a centrally managed Atlantic Empire (Henretta & Brody 93). Though the Glorious Revolution weakened royal grip on power, King James II put forth the foundations of mercantilism, such as the need to expand economically in order to be a glorious empire. British colonies thus served to improve British economic status among other monarchies and independent states and towns in Europe. Mercantilism was a policy promoting self sufficiency among countries of the day (Nettels 105). According to Nettels, â€Å"[t]he policy aimed to gain for the nation a high degree of security or self-sufficiency, especially as regards food supply, raw materials needed for essential industries, and the sinews of war† (105). With this goal in mind, the British aristocracy pursued colonies which could produce sugar, tobacco and other food products. In exchange, they were r equired to buy English manufactured goods, or use the English merchants as intermediaries (Henretta & Brody 69). This practice was prescribed by the Staple Act of 1663, according to which colonial planters bought most of the needed manufactured goods from England (Nettels 109). England prohibited trade with other European countries, as it could not impose favorable terms of trade (Nettels 105). English government designed laws that would keep colonies dependent upon English economy (108).  

Movie The Corporation Review Example | Topics and Well Written Essays - 500 words

The Corporation - Movie Review Example It goes as far as damaging the environment and hurting clients and employees. The corporation is controlling everything and it is pompous, always insisting that it is the number one, or is the best. It feels no shame, refuses to take blame for its actions, and has no compassion. It connects to others merely on the surface, through made-up versions of itself put on by marketing men and public-relations consultants. To sum up, if the image of the corporation as human is a valid one, then the corporation really is a psychopath. Anti-globalization people have an inclination to demonize industry captains. However, per the movie, the problem with firms is not usually on the people who run them. A former Shell big-boss, Sir Mark Moody-Stuart, appears in the movie as a humane and compassionate person. At one point, he and his wife welcomed the demonstrators camped on the front lawn of their house and offered them tea. They even apologized for the lack of soy drink for the vegetarians among the demonstrators. Also in this movie, Goodyear's boss, Sam Gibara, was given time to express his viewpoints. Every aspect of the film was neutral so it is apparent that it was given a balanced edit.

Group Process Essay Example | Topics and Well Written Essays - 500 words

Group Process - Essay Example The concept of self censorship has been around since long. Firstly this term mainly got related with writers and journalists but now we literally see everyone doing it around us along with me. Many individual and social ingredients convince a person to censor himself to others. Duncan (1994) writes that, "People in different societies are more collectivistic than Americans, who tend to be individualistic." (p.79) Although, I agree strongly that we are products of our societies but Americans are little bit more loath to openly express their ideas and opinions. Most of times, I know my colleagues are wrong but I don't let them find out due to many reasons. At times, I lack confidence and I end up blocking my self to others. Other times, I fear that people will oppose me and question me. I feel challenged. It takes a lot from me to convince people and satisfy them with my answers. Eventually I feel embarrassed and rejected by my group. I also censor my views to avoid arguments. From time to time, I do it to avoid conflict of ideas and interests. I have also felt that when I get along with my group very well and feel close to them then I am afraid to raise a question due to peer pressure.

Destination Management Coursework Example | Topics and Well Written Essays - 1500 words

Destination Management - Coursework Example The interface between sex tourism and business developments offer an unlimited point of reference and this provides total development of the sector. (Hughes, 5) There is growing access to cities, beaches and a host of places which were thought to be very unproductive. There is abundance of benefits that sex tourism brings and this is fully dependent on the community’s perception and the political landscape. The international travel facilitates sex tourism across popular destinations. Further, there are various places that are actively involved in promoting sex tourism and this offers specific reason why you should embrace all that it offers. While examining the reasons why sex tourism is gaining ground, you should look at beliefs and tradition and how it provides stimulus to the economy. As such, the process of tourism development is truly dependent on what many people expect, including the changing trend in woman’s understanding of sex. (Ritcher, 1) Tourism classification according to ethnicity provides a focus for people to forely understand and define the levels of fulfilling tourism trends. Ethnic group’s participation in tourism activities would be classified according to holiday-taking experiences and this when compared to white population; the results demonstrate a huge margin. Many factors influence minority groups and this hugely explain why their tourism levels are low. Most importantly, it is thought that most of these groups get minimal earnings and this is comparatively low and well below the required scale. Further, there is a remarkable higher unemployment rate among these groups. The relevance of employment among the minority has taken a big trend and this brings about a negative impact on their financial positions. There are several cases of poor living conditions and which are not attractive and which do not provide for adequate support for their outings and general touring.

Should Computer Scientists Experiment More Essay

Should Computer Scientists Experiment More - Essay Example The article also states that experimentations can also be helpful to computer scientists if they need to understand other models applicable in the systems. In this regard, computer scientists feel that experimentations in their profession do not add value, but is time consuming and costly2. On the contrary, I think experiments are suitable for computer scientists because it helps them to discover new trends in their profession. This is because experiments do not have to be in the labs or organized settings, but can take place in seminars or workshops3. For instance, before the introduction of new software, computer scientists can model programs for trial basis. I also think experiments can be useful because computer science requires problem solving techniques. Considering this, experiments improve one’s ability to handle difficult situations that might exist when operating a computer application. The article is biased and does not offer the genuine reasons why computer scientists disregard experiments in their

Business strategy-business game Essay Example | Topics and Well Written Essays - 3000 words

Business strategy-business game - Essay Example A single strategic direction for the firm is selected which is the differentiation strategy as per the Bowman’s strategy clock. The Bowman’s strategy clock is used to identify one or multiple strategic aspects that may be taken up by a company for developing competiveness, sustainability and continued success (Chesbrough and Rosenbloom, 2002). This is because the results of the analysis and the study of the external market indicate that the adoption of a differentiation strategy can be beneficial for the company for ensuring greater levels of success and sustainability for the future years. The number of companies operating in the athletic footwear segment in which the case company belongs ranges from 4 to 10 main companies. However, for the analysis, three main competitors of APanda Shoes are considered which are Diversity Footwear, C Athlete Company and Bold Athletics Company. The company APanda Shoes operates in multiple geographical regions. The company has its manufacturing plants in North America, Asia pacific, Europe, Africa and Latin America. This makes the athletic footwear manufacturing company much vulnerable towards the political norms in the different countries of its operation. The political factors like the stability of the political environment, the formulation of government policies, taxation policies, export and import policies and duties levied on the athletic footwear products are some of the common factors that would affect the business decisions and operations of APanda Shoes. The economic factors like inflation rates, Gross Domestic Predict (GDP), economic and business cycles, disposable income level and Purchasing Power Parity (PPP) are some of the economic factors that would directly influence the profitability, sales and sustainability of the company in the four operational regions. The volatility of currency exchange systems and the fluctuations in the foreign exchange

Describe marketing situations in which the use of qualitative research methods would be appropriate Essay Example for Free

Describe marketing situations in which the use of qualitative research methods would be appropriate Essay Describe marketing situations in which the use of qualitative research methods would be appropriate. According to Zikmund, Ward, Lowe, Winzar, Babin Qualitative research is a methodology that elaborate interpretations of phenomenal of interest without depending on numerical measurement ( Zikmund, Ward, Lowe, Winzar, Babin, 2011, pg 65 ) . It is characterised by its aims, which relate to understanding some aspect of social life, and it’s methods which generate words, rather than numbers, as data for analysis ( Patton, Cochrain, 2002 ) . In terms of marketing situations, qualitative research methods are appropriate to be used when the organization root for new product idea generation and development, strength and weaknesses of products/ brands and studying emotions and attitudes on societal and public affairs issues (qrca. org). To maximize understanding on the situation, there are two qualitative research methods that can be consider is Focus Groups and Questionnaires. With these methods, we identify the benefits as well as limitations of using these research methods. Focus groups can be define as an unstructured, free-flowing interview with a small group of people ( Zikmund, Ward, Lowe, Winzar, Babin, 2011, p71) . An approximately 60 to 90 minute discussion is led by a trained moderator with 8 to 12 relatively homogenous but unacquainted individuals who are brought together to discuss a specific topic ( Gunn, 2004) . Focus groups allow people to discuss their feelings, anxieties and frustrations, as well as the depth of their convictions, in their own words ( Zikmund, Ward, Lowe, Winzar, Babin, 2011, p72 ) . The benefits of focus groups can be presented for an in-depth exploration of new ideas, opinions, perceptions, and reactions to concepts and messaging. Focus groups often serve as exploratory research to assist survey design of subsequent quantitative research methods. Similarly, they can also be useful in validating and/ or clarifying results garnered from previous quantitative research and can be use to elicit â€Å" in their own words descriptions of products, services or issues being discussed. Conferences and other events present relatively low-cost opportunities to conduct focus groups with target audiences. There tend to be few interviewer effects on dialog because individuals tend to be influenced more by the group discussion than by the moderator. Participants are usually enthusiastic and spontaneous in their responses and groups tend to naturally cover more questions, opinions and comments than researchers could have anticipated. The disadvantage of the focus group however shows that the results from focus groups are qualitative and nonprojectable to larger populations. They require well-trained moderators to manage discussions, maintain focus, and minimize affects of the personalities and behaviours of individual participants on others and/or the entire group. Logistical and cost considerations include room and food set-up, and incentives are typically needed to encourage response. Questionnaires are not among the most prominent methods in qualitative research, because they commonly require subjects to respond to a stimulus, and thus they are not acting naturally. However, they have their uses, especially as a means of collecting information from a wider sample than can be reached by personal interview. Though the information is necessarily more limited, it can still be very useful. For example, where certain clearly defined facts or opinions have been identified by more qualitative methods, a questionnaire can explore how generally these apply, if that is a matter of interest. Ideally, there would then be a qualitative check on a sample of questionnaire replies to see if respondents were interpreting items in the way intended. Alternatively, a questionnaire might be used in the first instance, followed by qualitative techniques on a sample as a check and to fill out certain features of the questionnaire replies. Interaction among techniques in this way is typical of qualitative research.

Howard Becker Studies in the Sociology of Deviance

Howard Becker Studies in the Sociology of Deviance Although there had been prior research into deviant labels, Howard Becker is hailed as the found of the modern labelling theory. Founded in Outsiders: Studies in the Sociology of Deviance, it is this labelling theory that is perhaps his most important influential contribution to sociological and criminological knowledge. Beckers influences came from Cooleys looking-glass self  [ii]  , Meads theories on the internalisation of the self  [iii]  , and Lemerts social constructionism  [iv]  . Becker suggests that deviance is based on reactions and responses of others labelling an individual as such. He states that no particular act is inherently deviant unless until a group with socially powerful statuses or positions label it as such.  [v]   This approach to labelling deviance has become manifest in criminological and sociological research, and the development of the labelling theory. Becker opens Outsiders writing: social groups create deviance by making rules whose infraction creates deviance, and by applying those roles to particular people and labelling them as outsiders. From this point of view, deviance is  not  a quality of the act the person commits, but rather a consequence of the application by others of rules and sanctions to an offender. The deviant is one to whom that label has been successfully applied; deviant behaviour is behaviour that people so label  [vi]  . Just as society uses the stigma of the deviant label to justify its disapproval, the individual labelled uses it to justify their actions. Becker attempts to put a complex argument in a few words: instead of the deviant motives leading to the deviant behaviour, it is the other way around, the deviant behaviour in time produces the deviant motivation.  [vii]   In Outsiders, Becker views deviance as the creation of social groups by persons in positions of power rather than the quality of some act or behaviour. Becker disagrees with other theories of deviance, which accept the existence of deviance, and by doing so, simply accept the values and of the majority within a particular social group. According to Becker, studying the act of the individual is unimportant as it is merely breaking the rules made by those in power the rule breaking behaviour is constant and it is the labelling of such behaviour that changes. He describes rules as the reflection of certain social norms held by the majority of a society, whether formal or informal  [viii]  . Clearly, in a society where criminal activity is the norm, the one who chooses not to conform, should not be labelled as deviant for not committing crimes. Nevertheless, it could be said that they are deviant as they are not acting as expected and are deviating from the norm. Beckers approach, however, focuses on enforced rules. He views those who are likely to engage in rule-breaking behaviour as essentially different from those of the rule-making or rule-abiding society. He believes that those persons who are prone to rule-breaking behaviour see themselves morally at odds with those members of the rule-abiding society  [ix]  . Becker uses the term outsider to describe a rule-breaker who accepts the label of deviant and therefore view themselves as outside mainstream society. Becker also focuses on those in positions of power that have the authority to deem what rules society should abide by and who enforce those rules. According to Becker, the creation and enforcement of these rules is an enterprising act  [x]  . He hints at disagreeing with the morals and reasoning behind those who make and enforce these rules, realising that while some may have a moral crusade to prevent crime, most engage in the process strictly because it is a requirement of their vocation. Becker wrote Rule enforcers use the process of formal enforcement to satisfy two major interests, the justification of their occupation and the winning of respect from the people he/she patrols  [xi]  . He recognises that individuals who would not normally be prone to rule-breaking may become so by the misuse of labelling powers as a result of the enforcer abusing the great deal of discretion they are armed with. Becker concludes Outsiders by calling for empirical research of his approach to the labelling theory. As a result, there has been a vast amount of response from social scientists. Some research has directly reflected Beckers approach, whilst others have used his labelling theory as a foundation on which they furthered the theory. Gideon Fishman, for example, tested his theory by studying a sample of juvenile delinquents in mid-western America. Fishmans study  [xii]  looked at negative self-perception and whether this self-perception affects future misbehaviour. His results indicated that, although some accept the label of deviance and further entrench themselves in deviant behaviour, it is by no means universal; individuals react to the label in different ways. A popular application of Beckers labelling theory is in the research into mental health. Thomas Scheff adopts Beckers views on labelling theory and explains how people are labelled mentally ill in order to explain certain rule-breaking behaviour that society cant categorise  [xiii]  . Wright  [xiv]  and Pfohl  [xv]  recognise that Scheff is not concerned with occasional acts of deviance, but the lasting and sporadic deviance that is often considered under mental illness. People who are subsequently labelled as mentally ill often adopt the behaviour they would personally expect of a stereotypical mental health patient as portrayed through the media. Scheff identifies that we will all display symptoms of mental illness at some point in our lives, and labels are attached to those without power  [xvi]  . Scheff argues individuals who become stereotypically mentally ill, or at least behave as such, are rewarded by enterprising psychology professionals  [xvii]  . Empiri cal evidence of this can be found in several studies by Scheff into the process of mental hospital commitment. In carrying out his own research into the labelling theory, Edwin Schur modifies Beckers approach in Labelling Deviant Behaviour  [xviii]  , by shifting some of the focus to the deviant individual. He claims that, if people who are labelled deviant can organize and gain power within the society, they will be able to change societal views on what is or what is not considered deviant  [xix]  .  Ã‚  Schur says that this change in power may come in the form of uprisings, social movements, and even civil strife, which could ultimately result in the formation of a strong political group.  [xx]   Howard Becker has been criticised on much of his work on many levels, and these criticisms must be explored before any evaluation of his contribution to criminological knowledge can be made. Becker himself examines some of the criticisms made of the theory in his book Labelling Theory Reconsidered  [xxi]  . Firstly, he addresses those who have said it is not a true theory. He points out that rather than being an all-encompassing theory of deviance, labelling theory was established as a way of looking at a general area of human activity  [xxii]  , and not, he claims, a theory, with all the achievements and obligations that go with the title, nor focused so exclusively on the act of labelling as some have thought  [xxiii]  . He points out that the concept of morality can be problematic in its research and interpretation. He contemplates on where the researchers sympathies should lie and considers whether one should side with the outsider or simply ascertain criminal activity as intrinsically wrong? He stresses the difficulties of the sociologist of this decision, recognising that the researcher, whether taking either side, will be accused of taking a one-sided and distorted view. So we then ask how is it possible to see the situation from both sides simultaneously  [xxiv]  ? I agree that Becker is right in raising this criticism, as it is somewhat impossible to be completely un-bias on the basis that no researcher is capable of not carrying any sort of pre-conformed opinion or view on society and will, without doubt, have moral values, right or wrongly. In Whose Side Are We On  [xxv]  , Becker goes as far as to say that the labelling theorist must side with the deviator, as it is up to the sociol ogists to remedy unfair situations  [xxvi]  . Becker also points out there is problems with secrecy. The deviant individual, in many cases, will commit deviant acts in secrecy and will not what their actions to become universally known, especially when those acts are criminal. This poses difficulty in gaining a true insight into the world of the deviant individual and therefore jeopardises the validity of the labelling theory. Beckers claim was found to be correct by Humphrey in his study Tearoom Trade  [xxvii]  . In many cases, the individuals participating in homosexual behaviour in the tearooms were married with children, and consequently, when later asked in a questionnaire about their views on homosexuality, very few admitted their own visits to the tearooms. This notion of secrecy among deviants will undoubtedly cause problems for researchers and their research. It is also very difficult for researchers to observe the day-to-day lives of deviant individuals, in what are perhaps highly dangerous places, as there are problems of infiltration and gaining the trust of what may be violent and dangerous people. If the researcher is able to gain such access, they then face the tasks of remaining impartial in their observations, to continue to observe without becoming involved in criminal activity themselves, and even trying to prevent crimes being committed. This can be seen in Parkers View from the Boys  [xxviii]  , where he studied boys in an area of Liverpool. Parker was only able to gain insight as he had previously met the boys he was studying at a centre for Liverpools deprived children. He says, however, If I had not been young, hairy, boozy, willing to keep long hours, accept permissive standards, the liaison would never have worked  [xxix]  . He also admits that his presence affected the behaviour and actions of the boys. On occasi ons he prevented them from committing crimes and even went as far as to help them if they were caught. In his research and development of the labelling theory, Becker doesnt address how factors such as biology, genetic effects and personal responsibility can influence, if at all, deviant individuals behaviour. After this met a barrage of criticism, he answered his critics in his 1973 edition of his work. He wrote that while sociological researchers are dedicated to finding an understanding about society, they are often too careful to look too closely. Becker noted I prefer to think of what we study as  collective action.  People act, as Mead and Blumer have made clearest,  together. They do what they do with an eye on what others have done, are doing now, and may do in the future. One tries to fit his own line of action into the actions of others, just as each of them likewise adjusts his own developing actions to what he sees and expects others to do  [xxx]  . Francis Cullen believed Becker was overly generous with his critics. He recognised that after 20 years, far from be ing supplanted, have been corrected and absorbed into an expanded structuring perspective  [xxxi]  . Beckers suggesting that rather than simply criticise him for not including these factors in his research, these sociologists should use those factors to help develop the labelling theory themselves. What I believe to be the greatest flaw in the labelling theory is the notion that no acts are inherently criminal  [xxxii]  , they only become criminal when society has deemed them as such. This seems to be suggesting that without the persons in power trying to satisfy two major interests: the justification of their occupation and the winning of respect from the people  [xxxiii]  by implementing laws, there would be no deviant. So does this mean that simply because it couldnt be labelled as such, it wouldnt exist? Just because something cant be specifically labelled as such does not mean that it ceases to occur. I agree with Beckers argument that people become deviant if they are expected to become so by society, but I fail be of the same mind that this is the reason behind the majority of deviant behaviour. In my opinion, the labelling of deviance comes after the deviant act occurs. The theory also claims that for a criminal to be successfully labelled, an audience must be present to provide a reaction to the crimes committed. So does this mean that if a murder is committed and the killer avoids suspicion or being caught, they are not a criminal and will not think of themselves in such a way? It is probable that the killer will have some idea of morals and what is conceived to be inherently right and wrong as a result of their own socialisation, and so could initialise self-labelling, but the theory clearly states the labelling must come from a third party. In attempting to evaluate the contribution of Becker to the study of criminology and more specifically the sociology of deviance, it is important to note that it depends on how the theory is viewed. If the theory is considered as a theory, with all the achievement and obligations that go with the title  [xxxiv]  then its flaws are many. Yet, if we consider the theory, as Becker suggests we do, as a mere way of looking at deviance, then the contribution could be said to be significant. Becker, unlike previous theorists, did not only look at the after-effects of a deviant act but considered the way one begins to fall deviant. In his study of marijuana users, for example, he considers how one begins to smoke. Whether one agrees or disagrees with Beckers approach to the labelling theory, the majority, if not all, will use that opinion to then form their own ideas and approaches to the study of deviance, as is evident from the amount of critique Becker has obtained. As a result, one c an conclude that Beckers approach to the labelling theory continues in its usefulness, and will remain to do so as long as deviant behaviour continues to exist.

Can The Genocide Be Explained Sociologically Criminology Essay

Can The Genocide Be Explained Sociologically Criminology Essay provide intellectually responsible explanations of these events, social scientists are therefore capable of producing explanations that can both interpret and create understanding. Their work allows further reflection on the problem of explanations in sociological work (Brown, 1963). This essay will focus on whether or not social scientists provide an explanation for genocide, in other words whether or not genocide can be explained sociologically. The beginning and emergence of genocide is unknown but it is assumed that the first genocide took place during the hunting and gathering period (Chalk and Jonassohn, 1990). After agriculture had been discovered there was a division within the world and it consisted of settlers and nomads. The settlers were good at gathering food and a conflict resulted between the two groups as the nomads would raid the settlers of their food, however they would not kill the settlers when doing so as they were still needed because the nomads planned to continue and raid the settlers in the coming years. The settlers could not defend themselves due to lack of resources (Chalk and Jonassohn, 1990). As time progressed the settlers learnt how to improve their agriculture skills and their produce grew so well that they could support cities, rulers and armies. They became successful and wealthy and started to associate with trade and began to build empires and city states. As a result of this, conflict then grew over wealth, trade and trade routes. Wars were fought over this, and it was through these wars that people realised their victories were temporary. It became clear that the only way to have a guaranteed secure future was to eliminate those who were defeated completely. Thus the first reason for the first genocide appears to be elimination of any future threats (Chalk and Jonassohn, 1990). Genocide then grew and progressed from this. Genocide as defined by Lemkin (1944) who states that it is the criminal intent to destroy or to cripple permanently a human group. The acts are directed against groups as such, and individuals are selected for distraction only because they belong to these groups (Lemkin, 1944 p. 147). This is the definition that the UN (United Nations) Convention on the prevention and punishment of the crime of genocide relied upon (Andreopoulos, 1994). Following this, social scientists have redefined the term genocide to suite their theoretical perspectives. The definition of the UN convention however, remains the most popular and widely used. This is due to it being a legally accepted and a workable definition. Under the definition of the UN Convention, Genocide remains an international crime whether committed in peace or war this shows that genocide is a uniform phenomenon (Andreopoulos, 1994). Variations within genocide do exist, through its context and processes, for example, the distinction bet ween domestic genocide and genocide done in international war. With domestic genocide, people have differences and conflicts within their own societies based on religious views, ethnicity and their race, while, with international war genocide, mass killings are committed due to conflict between two separate states (Andreopoulos, 1994). Through the UN Genocide Convention, genocide was deemed the most horrendous crime of all time and individuals would then use it as the defence to any form of discrimination, oppression and injustice (Martin, 2006). This resulted in disadvantaged groups trying to get sympathy by dramatizing their situations. For example, due to one of the articles of the convention, which claimed genocide included an intention to prevent any birth, led to claims that abortion clinics were a form of genocide. In more general terms if an individuals rights were violated, this would also be taken as genocide. The concept was clearly being abused, and the UN became more and more resistant to charges of genocide. This may have contributed to the need of re-definition of genocide. It is therefore important to reach a generic definition of genocide which should be consistent with the everyday use of the word so that when people see a mass murder the only word available to them to describe such an event shoul d be genocide (Chalk and Jonassohn, 1990). Sociologists are interested in genocide for many reasons as it will be discussed in the case studies below. These case studies are drawn upon to show one of the reasons as to why sociologists might want to explain genocide and why people act and behave in such a gruesome manner. The Jewish holocaust is one of the most popular and notorious among all genocides, 6 million Jews were murdered by the Nazi regime and those who supported the regime. Despite the severity and scale of this genocide it was somewhat predicted or predetermined that it would be very important (Jones, 2011). During the rise of modernity, Jews did not fit in with the new modern ways. They were seen as enemies of modernity. This resulted in some Jews seeking integration and those who did were accepted by some European countries including Germany, who granted citizenship to the Jews from 1812. This then raised the question as to why Germany would turn on the Jews and murder them (Jones, 2011). The Jews lived peacefully in Germany up until the tragic and embarrassing loss of the First World War. This resulted in traditional forms of power falling and Germany needed to form and create a new identity if they were to survive the aftermath of the war, and so a slow drive towards nationalistic ide ology was to emerge. The political extremism led to the creation of NSDAP (political party) which was founded by Adolf Hitler. Hitlers vision was driven by his hatred for the Jews. Once they reached a position of power, the Nazis were unstoppable and their purpose for the Jews was clear. The Jews were terrorised in many ways by the Nazis forcing most of them to flee the country while they still could and forced them to abandon their homes, companies and wealth. However, the fact that many countries were not accepting Jewish refugees meant that more wanted to leave but only a few could go and most of those who stayed committed suicide out of fear of the social death that the Nazi rule imposed on them (Melson, 1996). The confinement and consolidation of the Jews under the Nazi control emphasised the Nazi ideology and how it was based on a united and purified Germany, this concluded their movement. Two years after the Soviet Union invasion, 1.8 million Jews were rounded up and gunned down (the holocaust by bullets) (Melson, 1996). To prevent any guilt and psychological trauma for German killers which resulted from the shooting of women and children, concentration camps with gas chambers were introduced to maintain distance between the killers and the victims. About 1 million Jews were killed at one of the main killing centres; nearly two million more died due to gas and also by other means in the death camps. Similarly 1,890,000 Jews were slaughtered between the five death camps that were set up in Poland. The camp system became very lethal for Jews. It became evident that the devotion to the elimination of the Jews was more important to the Nazis than their own self-preservation (Melson, 1996). The genocide in Rwanda was one of the most concentrated forms of mass killing ever seen; approximately 1 million people (Tutsis and the Hutus who opposed the government) were killed in different ways over a course of twelve weeks. 800,000 of the victims were killed within three to four weeks during the genocide. When taken into account the large amount of people killed in such a short time it is clear that the death rate was at least five times more than that of Nazi Germany. The Rwandan genocide resulted in successfully turning the mass population into murderers; Hutu men, women and children were among the murderers (Jones. 2011). The genocide escalated due to the presidential plane that was shot down killing the president and many Hutu power radicals. It was assumed that following the incident the Tutsis would jump into power, however, the presidents death was blamed on Tutsi RPF officers (the Rwandan government denied the accusations) and the Hutus wanted revenge. The news of the attack was released about half an hour after it happened and the first few murders that the genocide was to follow only started taking place 10 hours after the announcement of the presidential death, this however, does not prove or show that the genocide was pre-planned by the Hutus (Mann, 2005). During the genocide there was no help or support from international leaders; they watched millions of innocent people die with no interference. When the genocide broke out, foreign forces were sent into Rwanda, but only to evacuate whites. Following the evacuation of international citizens the UN Security Council focused its attention on withdrawing the UNAMIR forces from the country. Rwanda was only able to hold on to 470 peacekeepers, these were still able to save lives during the course of the remainder of the genocide (Jones, 2011). The UN later voted to send more troops to Rwanda; however the troops did not arrive in time, by the time help got to Rwanda the genocide was over. It was assumed that Rwanda was just not important enough to be rescued (Power, 2002). In 2004 the UN officially apologised for the lack of assistance for Rwanda and claimed that next time there would be an effective response and this would be done in good time (Power, 2002). Sociologists have tried to explain genocide sociologically by providing explanations as to why it might exist and how to stop it. Some of these explanations include; Roger smiths argument that genocide is an instrument of the modern state policy (Smith, 2010), while on the other hand, Helen Fein argues that these groups are murdered just so the states design for a new order is fulfilled (Fein, 1990). Similarly Leo Kuper argues that modern state monopoly creates both the desire and power to commit genocide (Kuper, 1983), while Horowitz much like Rubenstein argues that genocide is an act of state and as an act of state it is intended to be the main means of social control and this can only take place in a totalitarian state (Horowitz, 1976). Due to the vast majority of explanations, only a few will be looked at in a bit more detail. One of the most recent and controversial attempts to explain organised genocide violence is that of the English sociologist Michael Mann, who links and explains genocide through democratisation processes. Manns main focus is on explaining the origins and continuous rise of genocide by looking at relations of political power in society. According to Mann, genocide is committed by groups that are manipulated by politicians and this causes an unfortunate disruption to social and political progress. Genocide is seen as not being different from modern ideologies as it is committed in the name of the people; this is what Mann calls the dark side of democracy. The class struggle and its institutions managed to restrain democracies from committing mass murder on its own citizens; however, they still managed to commit cleansings on groups defined as outside of the people. This meant that as democracy got stronger among the perpetrators, so did genocide. This is the first sense in which genoci de was the dark side of democracy. Genocide is therefore modern because it was seen as the dark side of democracy. The fact that it is granted within democracy that the possibility that majority groups can oppress minorities creates more threatening consequences in certain types of multi-ethnic societies (Mann, 2005). Mann argues that a more adequate explanation of how and why genocide takes place is needed, so he creates a typology of the means of murderous cleansing. He distinguishes among different dimensions of cleansing associated with violence and illustrates that some types of violence are more likely than others to intensify. Among the three types of cleansing in the typology, most of them do not end in genocide but only the mildest types. The three types of cleansing include; induced assimilation (the other seeks assimilation into the main group), induced immigration (offers incentives to the culturally similar groups) and induced emigration (this is rarely applied but it is advised by rightist nationalists). The escalation of these types of cleansing then goes as follows; coerced assimilation (the other is forced to join the main group and abandon its own), biological assimilation (the minority is prevented from reproducing), coerced emigration (removal by force), deportation (removed by force from state territories), murderous cleansing (organised killings) and genocide (final escalation, deliberate attempt to wipe out entire populations) (Mann, 2005). It can be seen that most of the cleansings are mild in form and that the more murderous cleansings are uncommon. Many groups have tried to avoid cleansing by assimilating into a nation state by changing their historical paths. Due to this Mann limits his analytical focus of murderous cleansings to very rare events in modern history in order to answer the question; why do such cleansings occur? (Mann, 2005). Rudolph Rummel contrasts Manns explanations, according to Rummel genocide depends on the authority of a state, the more authoritarian a state, the more likely it is to commit genocide. He argues that democracies do not commit genocide, there might be only a few cases in which genocide occurs within a democracy, however this only happens during wartimes, where mass murder is committed secretly with no democratic command. Rummel, however, fails to distinguish the more important cases of democratic mass murder such as the firebombing of Dresden and the issues in Tokyo. There were also authoritarian genocides that were committed in wartime with an attempt to secrecy for example Hitler and Stalin. Rummel acknowledges the relationship between democracy and genocide; however it is more complex and double edged than he explains (Rummel, 2004). Zygmunt Bauman also tries to explain genocide, much like Mann, he claims genocide is a modern phenomenon and tries to provide a sociological explanation as to why this is (Bauman, 1991). Bauman argues that genocide exists and is a modern phenomenon due to technology, only modern technology that is made available to industrialised countries made it possible for crimes such as genocide to occur. He also argues that conventional morality in modern societies have been silenced and replaced with its own definition of good and bad, this means individuals are no longer responsible for the greater good, but are responsible for abiding by laws. So it is within the newly built systems of bureaucracy where responsibility is drawn from different sources that individuals commit genocide without having to turn to their morals as their evil actions or side is desensitised. It is therefore, according to Bauman, the emergence of modern technology and the growth of systems of bureaucracy and instituti ons that both prepares individuals and makes available to them the means to commit crimes such as genocide (Bauman, 1991). However this would mean that without the presence of these two conditions genocide would not occur but this is not the case. It is evident from the example of the holocaust and other modern genocides such as Rwanda that genocide cannot depend on only two factors (Waller, 2002). Leo Kupers attempt to explain genocide is rooted from his early work in Africa and work on the plural society. He includes sociobiological and psychological theories within the general theory that he adopts to explain genocide. According to Kuper societies which are divided are the seedbed of genocide especially in times where groups battle for domination (Kuper, 1983). Furthermore, Kuper argues that genocide is not an unstoppable consequence of every society as it results from peoples own decisions. Kuper goes on to identify other causes of genocide which for him include economic conflict and ideologies both of nationalism and of dehumanising people (Kuper, 1983). Chalk and Jonassohn (1990) also accept that one of the main preconditions of genocide is the idea of devaluing the victims and identifying them as the other and unequal to the dominant population. They take a historical based view to explaining a variety of genocide civilisations and settings. They acknowledge the fact that it is not easy for people to kill defenceless victims and so it is evident that to commit genocide authority and a quasi- bureaucratic organisation are needed, this then makes genocide a crime of state (Chalk and Jonassohn, 1990). Through this, it is shown that genocide serves the interest of the state, leading social classes and the elites. Chalk and Jonassohn (1990) show that the first few types of genocide were used to build empires, for example the Mongols and Shaka Zulus empire. For Chalk and Jonassohn, these explanations are mainly for modern genocides for example the Jewish, Armenian and Cambodian genocides but they provide no general explanation for other forms of genocide (Chalk and Jonassohn, 1990). These explanations of genocide help to reflect on the contemporary condition, this enables the consideration of ways to prevent such crimes in the future and how to deal with the aftermaths. Explaining genocide is like an attempt to account for a phenomenon seen beyond a constructive background of social structure. It is important to explain such an event as no two events are the same, some only happen once. Therefore explaining these events means many are then available to compare and provide a more secure footing of the matter, in this case the explanations of genocide. Genocide argued by some to be a modern phenomenon has been explained by many social scientists and though some of these explanations are similar, no two are exactly the same. Some of these explanations provide a very significant contribution to the sociological explanation of genocide and some of these explanations remain highly debatable and contested however, they provide a framework for which explanation in sociological work can be explored.

Guys like us are the loneliest guys in the world, They got no family, :: Free Essay Writer

Guys like us are the loneliest guys in the world, They got no family, they don’t belong no place. Discuss the theme of loneliness portrayed in of Mice and Men. â€Å"Guys like us are the loneliest guys in the world, They got no family, they don’t belong no place† Discuss the theme of loneliness portrayed in â€Å"of Mice and Men† â€Å"Of Mice and Men† by John Steinbeck is the story of two farm hands, Lennie and George working up a stake on a ranch so maybe they can buy a place of their own â€Å"An’ live off the fatta the lan’.† George is smart and small where as Lennie is a massively strong giant of a man yet as innocent and simple minded as a young child who relies on George as a protector and mentor. There is a theme of loneliness running through the book which comes from John Steinbecks own experiences of working the land. When George starts his story about what life will be like when they get a plot of land he starts it â€Å"guys like us.† He’s talking about Ranch hands and labourers like him and Lennie probably forced to search for jobs because of the economic recession at the time the book was set. The labourers were nearly always single men who have very unstable jobs and would have had to move on once the job was done (once the harvest was collected for example). Their hard itinerant lifestyle was very lonely as the men were separated from any friends they’d made as soon as their job was finished. So the ranch hands often blew all the money they’d just earned on whisky and prostitutes to drown their sorrows and forget their problems and as the men usually travelled away from their home they â€Å"don’t belong no place.† Because Steinbeck had experienced this way of life he really captures the atmosphere and loneliness of the ranch with details that make you feel like you are there. Like in the bunkhouse, not only does he describe it like he’s lived in it and knows just what it looks like, he includes details of the behaviour of its inhabitants to hint at the atmosphere of the place and bring it to life. For example â€Å"western Magazines ranch men love to read and scoff at and secretly believe† the word secretly shows how the men have to keep their real feelings hidden from the others to appear strong and survive, like any weakness would leave them vulnerable to attack. Most of the men are guarded from each other like this, Curley’s wife draws the readers attention

Electronics :: essays research papers

Microsoft® Word Viewer 97, the newest member of the Word Viewer family, is a freeware product that allows you to view and print Microsoft Word 97 documents. Like previous versions of Word Viewer, the latest version can also open documents created with all previous versions of Word for Windows and version 4.x and above of Microsoft Word for Macintosh®. You cannot edit an open document in Word Viewer 97. However, if you have Word 97 installed, Word Viewer can open the document in Word. You can also copy text to the Clipboard to paste it in other applications. Microsoft encourages you to distribute Word Viewer 97 along with your Word 97 documents to people who do not have Microsoft Word 97. What’s New in Microsoft Word Viewer 97 Microsoft Word Viewer 97 is optimized for displaying Word documents inside Microsoft Internet Explorer 3.x and above. If you have Netscape Navigator 2.x or above, Word Viewer Setup will install a plug-in that allows Word Viewer 97 to display documents inside the Navigator window. Word Viewer 97 includes the following, market-leading Microsoft Word 97 features:  Online Layout View for easy reading of online documents, including those with background colors and textures  Document Map for point-and-click navigation through longer documents  Hyperlink navigation to open any hyperlink in a document with your installed browser System Requirements for Word Viewer 97  A personal computer with a 486 or higher processor  Microsoft Windows® 95 operating system or Microsoft Windows NT® Workstation operating system 3.51 or later  4 MB of memory for Windows 95 (8 MB recommended)  12 MB of memory for Windows NT Workstation  7 MB of hard disk space (9 MB free for installation only)  VGA or higher-resolution video adapter  Microsoft Mouse or compatible pointing device Ordering Microsoft Word 97 If you would like to order the retail version of Microsoft Word 97, contact the Microsoft Order Desk at (800) 360–7561 in the U.S., visit the Microsoft Online Shop, or contact your local Microsoft subsidiary. To locate your subsidiary, see the Microsoft World Wide Offices Web site at:   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  http://www.microsoft.com/worldwide/default.htm Contents To jump directly to any topic, click its page number in the table of contents below. Microsoft Word Viewer 97 for Windows 95 and Windows NT  Ã‚  Ã‚  Ã‚  Ã‚  1 What’s New in Microsoft Word Viewer 97  Ã‚  Ã‚  Ã‚  Ã‚  1 System Requirements for Word Viewer 97  Ã‚  Ã‚  Ã‚  Ã‚  1 Ordering Microsoft Word 97  Ã‚  Ã‚  Ã‚  Ã‚  2 Contents  Ã‚  Ã‚  Ã‚  Ã‚  2 Technical Support for Microsoft Word Viewer 97  Ã‚  Ã‚  Ã‚  Ã‚  4 Microsoft Knowledge Base  Ã‚  Ã‚  Ã‚  Ã‚  4 The World Wide Web  Ã‚  Ã‚  Ã‚  Ã‚  4 TechNet  Ã‚  Ã‚  Ã‚  Ã‚  4 Microsoft FTP Site  Ã‚  Ã‚  Ã‚  Ã‚  4 Microsoft FastTips  Ã‚  Ã‚  Ã‚  Ã‚  5 Information on using Microsoft Word Viewer 97  Ã‚  Ã‚  Ã‚  Ã‚  5

Pride and Prejudice :: essays research papers

Pride and Prejudice is set some 200 years ago in England. When the story opens, we are introduced to the Bennett family on their estate, Longburn. A handsome, wealthy gentleman named Charles Bingley has just moved to the neighborhood. Charles develops a crush for Jane Bennett, but his friend, Fitzwilliam Darcy, thinks Jane is not good enough for his friend. Becauseof this, Darcy, along with the help of Charles' sisters', plots to break up Jane and Charles. In themean time, though, Darcy falls for Jane's sister, Elizabeth.   Ã‚  Ã‚  Ã‚  Ã‚  Elizabeth Bennett, though, detests Darcy. She sees him as being to haughty. She hears, through word of mouth that he is rude and cheated George Wickham out of his inheritence. Then, George begins to court Jane.   Ã‚  Ã‚  Ã‚  Ã‚  Since Mr. Bennett has no sons, his heir is to be the closest male to the family. This turns out to be a man named Mr. Collins. Collins is a priest who is very arrogant. He marries Elizabeth's friend, Charlotte Lucas. Charlotte marries Collins to get away from he life, not for love.   Ã‚  Ã‚  Ã‚  Ã‚  Because Elizabeth frequently visits her friend Charlotte, who lives with Darcy's aunt, she sees Darcy often. Darcy beings to ask Elizabeth to marry him, but each time she refuses. She's angry at him for breaking up Jane and Bingley's love affair, and because she was led to believe he stole George Wickham's inheritance. Darcy admitted to interfering with her sisters' relationship, but denies any involvement with Wickham and his inheritence. He claims Wickham is not what he appears to be, but actually is a dishonest.   Ã‚  Ã‚  Ã‚  Ã‚  At this point, Elizabeth is beinging to like Darcy. She goes on a trip with her aunt and uncle to Darcy's mansion. While there, his housekeeper tried to cinvince Elizabeth what a great person Darcy is.

Developing nursing standards of practice Essay

The standards of practice for the RN are made up by the state board of nursing that the nurse lives in. It is each nurse’s responsibility to know and abide by their standards of practice for their state. Each state develops their standards of practice by following guidelines that the American Nurses Association (ANA) provides. The ANA has a committee on Nursing Practice Standards and Guidelines that has a duty to clarify the role and relationships that are associated with regulation of all nursing practice (ANA, n.d.). â€Å"The model recognizes the contributions of professional and specialty nursing organizations, educational institutions, credentialing and accrediting organizations, and regulatory agencies; clarifies the role of workplace policies and procedures; and confirms the individual nurse’s ultimate responsibility and accountability for defining nursing practice† (ANA, n.d.). There are 5 essential entities that are involved with developing a standard of practice. They are knowledge, role validation, competence and skill, environment, and ethics (Klein, 2005). As a standard of practice is being developed, there are questions for each entity that can be asked. For example: Knowledge—â€Å"Did I complete a program that prepared me to see this population (family, adult, pediatric) of patients?† (Klein, 2005) Role Validation—â€Å"Is additional licensure or certification required to do this skill on an ongoing or specialized basis?† (Klein, 2005) Competence and Skill—â€Å"How have I maintained competence?† (Klein, 2005) Enviroment—â€Å"Does the environment that I work in support this scope or practice through structures such as staffing, consultation, policies and procedures, protocols, and community standards?† (Klein, 2005) Ethics—â€Å"What are the potential consequences of accepting treatment responsibility for this patient?† (Klein, 2005) In conclusion, the board of nursing wants the practicing nurse to be fully competent in their work. This is a direction of how they determine the standards of practice that we follow. American Nurses Association. Determining Scope of Practice for Advanced Practice Registered Nurses.Retrieved August 6, 2014, from http://www.nursingworld.org/ScopeofPractice Klein, T. A. (2005). Scope of Practice and the Nurse Practitioner: Regulation, Competency, Expansion and Evolution. 1-2.

History of Ramayana

Ramayana is true, if you fill read it you can easily profess out that it reasonable cant be a mere work of imagination. All the incidents, places and events seems natural. zip seems to be false. When britishers captured India some 150 yrs. ago, they rumoured it to be false and hence some britishers who didnt had every firm Hindu background just declared it to be a myth. certainty IT IS TRUE Religions Background of RamayanaHindu unearthly literature is the large body of handed-downistic narratives related to Hinduism, notably as contained in Sanskrit literature, such as the Sanskrit eposs and the Puranas. As such, it is a subset of Indian culture.Role in Hinduism The Ramayana is highly popular. India nearly shut down when a dramatized series of the Ramayana appeared on television in the 1980s. Recitation of the Ramayana earns great merit. Rama and Sita are seen as the ideal married couple. In labor union India, the Ramayana is acted out in the annual pomp Ram-Lila. It was a favourite subject of Rajasthani and Pahari painters of the seventeenth and 18th centuries. Gandhi called it the greatest book in the world. Tulsi Das, medieval author of the Hindi translation, said, Whenever I remember Ramas name, the desert of my heart blooms downpour and green.Comparison between Iliad, & Ramayana -Ramayana A double-dyed(a) pouf named Rama is banished to the forest, where he has many adventures, and then he rescues his wife Sita from the barbarous king of Sri Lanka with the help of his friends. -Homers The IliadThe gods of ancient Greece, about of whom were adopted by the ancient Romans, were broadly described as human in form, unaging, nearly immune to all wounds and sickness, clear of becoming invisible, able to travel wide distances almost instantly, and able to speak done human beings with or without their knowledge. In classic mythology, the gods were presented as a large, multi-generational family, the oldest members of which created the world as w e know it. Each Greco-Roman idol has his or her own specific appearance, genaeology, interests, personality, and subject area of expertise, subject to significant local variants. When the gods were called upon in poetry or prayer, they were referred to by a combination of their name and epithets, the latter ser depravity to distinguish them from other gods. Theme of RamayanaThe antique battle between virtue and vice is the main report of the Indian epic Ramayana. It is the life story and message of SreeRaaman, an incarnation of Lord Vishnu who took human form in this world to tame the wicked. This great literary and religious classic is a traditional mind cleanser even the moving of which is considered sacred. However, it is also a tale of the Indo-European war race. In Indian history, the theme of Ramayana is the biography of king Sri Ramachandra is Called Ramayan. Ram is Sri Ramchandra and ayan elbow room the story. The other theme of Ramayana is The good (Lord Rama) vanq uishes the evil (Ravana). In India the festival, Dussehra is based on the rally theme of Ramayana.