My point of view on assisted suicide Essay Example | Topics and Well Written Essays - 500 words

My point of view on assisted suicide - Essay Example Jack Kevorkian, an unrepentant medical practitioner who openly engaged in euthanasia among terminally ill patients and a recent case in the United Kingdom in which Mr. Alan Reyes of East London publicly helped his partner end his life and was subsequently arrested for the subsequent death of his partner of twenty eight years. Dr. Kevorkian, was incarcerated for eight years for helping people to die, and is reported to have participated in at least 130 assisted suicides. To understand the complexities surrounding euthanasia today as the debate continues, the followin will address both sides of the coin and explore euthanasia from a holistic perspective. This essay begins now with a concise introduction to euthanasia and the ethical, social and legal aspects of euthanasia in America (CNN 1999; BBC 2009; StopPain 2009). From an ethical and legal standpoint the euthanasia issue is heavily charged and polarizing. Anti-euthanasia advocates argue that doctor assisted suicide is murder and that it must be opposed on both ethical and legal grounds. Pro-euthanasia advocates believe that the right to life is an intrinsic right and no one can tell a person when he or she can end their life. The decision end one’s life is thus a personal decision and the state has no place telling a terminally ill person that he or she cannot make a conscious decision and choose to put an end to his or her life. From a purely legal standpoint, all forms of euthanasia remain illegal in all 48 of the 50 states of the United States (both Oregon and Washington presently allow a limited form of doctor-assisted suicide) and most of the Western world. In Europe, notable exceptions include Belgium, Luxemburg, Switzerland and the Netherlands. Despite this, all forms of doctor assisted suicide remain illegal in much of the deve loped world including the United Kingdom, France,

Step by Wicked Step Essay Example for Free

Step by Wicked Step Essay Based on the novels that you have read, make a comparison between two prominent characters and highlight the differences. Support your answer with evidence from the text. Based on the novel Step by Wicked Step by Anne Fine, the two prominent characters that I would like to compare is Colin and Richard Clayton Harwick. The first difference that I would like to highlight is Colin loves his stepfather, Jack whom he calls dad as Colin himself never knew his real father and Jack has been with Colin since he was eight months old. Meanwhile, Richard hates his stepfather, Reverend Coldstone because he had made Richard’s life miserable by sending him to Mordanger School for four long years where he learnt nothing but how to starve, freeze and had been bullied and robbed of all his precious little tokens. Next, Colin is loyal to his mother. Colin knew that his mother thought it was better that they are away from Jack since he does not have a job. Colin had stopped questioning his mother about Jack because he knows that his mother is always busy and does not have time for him. Meanwhile, Richard had broken his promise to his father about taking care of his mother, Lilith and his sister, Charlotte when he ran away. Richard had forgotten that his father had told him that â€Å"he is the man of the house and they will depend on him†. On the other hand, Colin did not give up hope of finding his father, Jack. He wrote a letter and sends it to Jack although he does not know whether Jack would receive it or not. Meanwhile, Richard had given up on his family and did not try to have any contact with them because he thought they were happy without him. Furthermore, Colin is a sentimental person. He thinks about Jack every single day and night. He would take out Jack’s tobacco tin and sniff it. Colin would also hum their favourite song, ‘The Bluebird of Happiness’ every  night. Meanwhile, Richard didn’t think twice before running away because he assumed that his family would be happy when he is gone. On the other hand, Colin knew that he was young and doesn’t have enough money to go and try to find Jack. Therefore, he started to save money by selling newspapers and asking his mother for money instead of presents for his birthday so that he would have enough money to find Jack when he is older. Meanwhile, Richard made the wrong decision by running away. His action had caused his mother, Lilith to spend a fortune to find him. His sister, Charlotte married Charles Devere, a lawyer at the age of sixteen because Charles had promised Charlotte that he would help her find her brother. Eventually, Richard’s mother died of heartbreak, his stepfather, Reverend Coldstone died of fury and his sister died of fever at childbirth. From the differences, we can see that Collin had made the right decision and Richard did not. Colin had a very deep affection for his stepfather, Jack and had decided to save up, and when he had enough money, he will go in search of his stepfather. The cow with its broken leg was left in Colin’s bag with a purpose. It was to remind him of Richard who made a mistake by leaving home. His friends hoped that by their action, Colin would make a wise decision and not repeat the same mistake which Richard made. Meanwhile, Richard was being unwise, irresponsible and unethical when he abandoned his family. By his ruthless and selfish action, he did not realize that he had actually added more problems to his family instead. They were emotionally upset about him leaving the family. It broke their hearts and eventually it led to their deaths. Richard regretted what he did. He was remorseful but it was too late. He became miserable, lonely and a sad man. Though he inherited a fortune, he lost his loved ones because of his impulsive and selfish act. Therefore, when unforeseen things happen and problems need to be dealt with especially in broken relationships or whatever circumstances that affect our families and ourselves, we need to resolve them instead of running away and leaving the problems to others. Life is always a struggle and problems are never ending. We have to learn to share, to be responsible, take up the challenges, be tolerant and learn to face the troubles we meet in today’s society be it about broken  relationship, death and others. From the lessons we learnt, let us not repeat the same mistakes that Richard did and the scars he left behind.

Dislike of mathematics amongst secondary students

Dislike of mathematics amongst secondary students DISLIKE OF MATHEMATICS AMONGST SECONDARY STUDENTS 1. INTRODUCTION Why do kids, students and adults seem dislike mathematics? It is quite common for small children to say â€Å"I love numbers†. Do they really know exactly what mathematics is? We always see small children counting numbers from 1 to 10, even sing a song make up from the numbers. But what happen to these children as they grow up? What make them to change their mind to dislike mathematics? Some will roll their eyes or let out a sigh. They give so many reasons, such as â€Å"Its too hard,† â€Å"Im not good at math,† or â€Å"why do I even need Mathematics?† Where does this attitude come from? After being a Mathematics teacher for about 3 years, I have discovered that almost all students in Brunei Darussalam claimed to â€Å"hate mathematics†. This can be seen from their attitude in the class, interaction with the teacher and also the students progress report. The very much sad thing is that students just want to pass the examination without understanding why they have to study mathematics. Still mathematics has the highest failure rate of any subject at school-leaving level. Why does mathematics seem to inspire fear and intimidation in students in secondary schools and even when they are in the higher level. In my childhood, I still remember is that I was not taught how to study mathematics. Like any subject the study of mathematics becomes a pile of information. But if you are taught how to study mathematics then you will never find this problematic. Mathematics cannot be taught one way. Students always stick to the method being taught without seeking the alternative way of the working. These kinds of attitude make mathematics become â€Å"strict to the rule method†. One funny culture about students in Brunei, it is an â€Å"honor† for them to admit they are not good in mathematics, but who would ever admit to NOT being able to Read? This has been passing from generations. Math is an essential subject to maintain our modern way of life. Without mathematics, not much would be possible. So why is it acceptable to become a failure at mathematics? They believe that mathematics only belongs to gifted or genius who wants to become a mathematics teacher, doctor, professor, engineer and lots more. 2. Real Scenario in Brunei From my previous experience as a Mathematics teacher, students in Brunei especially weak classes, tend to show their unwillingness at the start of the lesson. Students still keep wandering around during teacher presence in front .Students are expected to be ready for lesson the moment the teacher steps into the classroom. Textbooks, exercise books and any materials as required by the teacher are to be placed on their desks. Action is usually taken on persistent students who always forget to bring their learning materials, the purpose, which is to teach and instill self-responsibility in the students. However, there are also some students who do not care about the warning given by the class teacher. First task when teaching a class is to correctly understand the students background, their expectations from the course and their willingness to do the required efforts. May be this can be done by conducting a survey or simply just ask them personally. At the beginning of the lesson, for upper secondary level, students will find the topics quite new for them. It is quite a common scene to see students lost their direction at the beginning of the lesson. It is the job of the teacher to interact with them and try to relate the topics to everyday life. What I can say here, the level of ignorance of the students very high towards the subject Mathematics. Students who show interest in studying Mathematics at the beginning of the lesson may also somehow lost their direction as the teacher goes deeper into the subject matter. Students are also required to submit their homework on time. Usually, I begin the lesson by reviewing the homework that has been set during the previous class. Some students do not submit due to difficulties that the students have. Generally teachers are very strict with deadlines for the submission of homework. Overall, there is always a sentiment of anti-mathematics in every class that I taught which can be seen from all aspects of the students. In the next pages, I will explain more on the factors that rise up this critical issue of mathematics. 3. Sign of having problems in Mathematics amongst the students A student with problems in mathematics may shows one or more of the following below: unable to recall basic mathematics rules, or formulas even the teachers have explain repeatedly having difficulties in understanding mathematical work and spend long time in learning simple topics Very low esteem which can seen from their handwriting which is hard to read. Have difficulties in remembering previously encountered questions which have been attempted many times before. Have problem in recall what have been taught in previous class Not confident, hesitate and forget what he or she is doing in the middle of a math problem Have difficulty with the language of mathematics and easily being confused. The students do not know when/how to use the correct theorem/formula for mathematical problems. Easily lost direction or concentration whiles the teachers teaching in front. Have difficulty explaining and communicating about mathematics, including asking and answering questions. Escape or absent from class, late submitting homework and fail in mathematics are one of the most common behavior of problematic students towards mathematics. 4. The factors that make students dislike Mathematics A. Sequential in nature. Mathematics is sequential in nature. That means that when we learn one concept , knowledge or skill, it will be needed in another topics. This is basically true when students who have not mastered a preceding skill have difficulty in learning new work. Students might feel discourage by this continuous learning and exhausted throughout the process. Obviously, students who have strong basic knowledge will be able to do mathematics problem much faster compare to students who are not. Students find math to be hard is because it is usually not taught correctly, and it is usually not studied correctly. Mathematics needs to be learned step by step, topic by topic. If a student does not completely understand a particular topic, there is no point in moving on to a harder topic that requires knowledge of the first topic. It is typical in Brunei, there is very little time to review back the old materials in school. It is up to the student to recognize if the students do not fully understand a particular topic, and to go for tutoring. In most cases, this doesnt happen, and the student gradually becomes more and more confused and discouraged. Another problem is that students are promoted from one grade to the next, even if they are not at all close to being ready for the next grades work. There are a variety of reasons why this happens, none of which are the focus of this editorial, but Ill just say that until we stop pushing kids into classes that they arent ready for, the education crisis in this country will continue and get worse. Mathematics is a subject that requires a tremendous amount of thought and patience. Weak students typically rush through their mathematics homework, and declare it to be done, The students not even check the working properly and not even thought of the answer. The following day in school, the teacher will review the homework very quickly, and then just move on to a new topic. B. One answer concept Mathematics is an exact subject. Normally, students in Brunei will take 8 subjects during their secondary level and Mathematics is the only subject that requires long working but yet only one acceptable answer. Many students have trouble with the exactness of mathematics. For them, what is wrong is always wrong and vice versa. Students always thought that â€Å"Doing mathematics means getting one right answer,† â€Å"Mathematics is a collection of rules, theorems, and procedures to be memorized,† and â€Å"Teaching math involves working through the textbook page by page and assigning drill exercises from the workbooks or worksheets for practice.† As a result of belief in these myths, many students are convinced that they cannot do math. Students are very fragile at this stage, they rather concentrate on the subjects that not required drilling like mathematics and give up mathematics. But the students do not know that mathematics can become more interesting as they go further, mathematics is not just getting the right answer. C. Math Phobia â€Å"Im not good at math†, â€Å"I hate math† or â€Å"math is too hard† are common phrases heard by teachers and parents. One of the symptom is s/he does not want to do any class work. When the task is easy, s/he tries to do the work but never completes the assignment. Sometimes, s/he gets frustrated and says that s/he is stupid because she just doesnt understand math. Anxious individuals may avoid mathematics classes, may be more likely to have negative attitudes toward mathematic related activities. This type of students seems to suffer from math phobia also known as math anxiety. Mathematics anxiety means the students fear that one wont be able to do the math or the fear that its too hard or the fear of failure. The students had very negative experiences in her mathematics class that the students failed before. May be the previous teachers might have had ignored this type of students that lead to lack self-efficacy. D. Difficulty Transferring Knowledge(connection with reality) One very common difficulty experienced by students with mathematics problems is the inability to connect mathematics concept to the real world. In school, this can obviously be seen when we give questions which involve loss and profit gain of purchasing products to the students. Only few of them can deeply understand what is meant by loss and gain. The fear of mathematics makes them uneasy to relate mathematics problems to their everyday life. In ‘O level Mathematics Examination, it is about 20 percent in paper 1 dealing with everyday life mathematics and the students always fall into these tricky questions. They spend long time in solving this and sometime to a halt. Students do not believe that directly proportion rules can be used in our life when buying goods. What I try to say here is that, the students do not trust the power of mathematics and how mathematics can benefit us. Students usually are not aware that mathematics is everywhere in this world and it is unavoidable for them to meet Math problems in the real world. Whenever they go to the shop, students normally do not bring the knowledge they have gain in school with them. They thought that mathematics exist only in school just for the sake of the examination. E. Less motivation The last but not least, students have less motivation when come to studying mathematics. The word â€Å"lazy† is very common given to the students who do not submit their homework. Lengthy working and long formula become a burden for them. Not all students who are weak in mathematics because they have problems with the subject but due to lack of motivation from the teachers and also the parent. It is quite common to encounter students who do badly in mathematics but excel in other subjects. In some case, the students do give up in studying mathematics and even choose not to involve in the fields that required Mathematics. There are also students who just escape the mathematics class just to avoid this important subject. Less motivation will lead the students to less confident in doing mathematics problem and as the days goes by, they see mathematics as a subject that make the feel down. F. Incomplete Understanding of the Language of Math For some students, dislike of mathematics is driven by problems with language. These students may also experience difficulty with reading, writing, and speaking. In mathematics, however, their language problem is due to the topics itself example matrices, simultaneous equation, vector and some of which they hear nowhere outside of the math classroom. These students have difficulty understanding written or verbal directions or explanations. 5. How to overcome students who dislike mathematics a) Teach basic concepts using concrete objects. Let students learn mathematics in which they can feel and experience themselves. Learning probability will become more interesting by allowing them using marbles, cards and colored balls. Students will tend to remember more which help them to understand the concept easily. b) Provide specialized materials. As a teacher it is important to use correct materials for the students. For example, using graph paper will help the students in drawing the axes and plotting the points. Scrap paper can also be used to encourage the students to do working for every mathematics problems. Teachers should aware the students to be more organize in doing there working and emphasize the important of discipline in mathematics. c) Practice student-centered. Ask the students the procedures they would like to use when solving a problem, and guide each procedure for them. The interaction between students and teacher will somehow help in the learning process. By doing this also, the teachers will know the weakness, the strength of each of the students and the confusion they leading to. d) Use cooperative math-problem-solving activities. To overcome dislike of mathematics, teachers should give opportunities for students to work in groups when solving math problems. The students will gradually gain their confidence by sharing their thinking aloud as they solve problems. e) Provide time for reviewingtheir work. Teachers must emphasize that completing math assignments is a process. Encourage students to become comfortable reviewing their work, making changes, or asking questions when they are unsure of their answers. f) Connect mathematics concept to the real-world. Teacher must understand that mathematics is always a problem for students. By connecting mathematics problems to the everyday used will be very helpful to the students. Students can easily digest the mathematics concept and even apply to themselves. For example in studying statistics, we can ask the students to make a case study of population in Brunei or how to use percentages to understand the price of a jacket on sale at the mall or the amount of their allowance spent on snacks. 6. My conclusion From my own understanding, with the widespread dislike of mathematics, it is not the job of educator only but also the society on changing these negative attitudes. I suggest that teachers should focus on improving the classroom affective environment and mentally motivate the students to foster positive attitudes in mathematics. As a parent, they must understand that gaining knowledge is not only at school but also need to be cultivated at home.

San Francisco and Chinatown Essay -- California Place History American

San Francisco and Chinatown Gilded age San Francisco stood as a beacon for travelers bound for the western coast of the United States. The most prominent city in the developing west during the latter parts of the nineteenth century and the opening of the twentieth, San Francisco encompassed a range of conflicting identities. This time period marked a transitory stage in the development of San Francisco, evolving from a booming â€Å"frontier town† to a â€Å"civilized metropolis,† the emerging San Franciscan identity retained qualities from both poles of this spectrum. Chinatown, existing as a city within the city, shared this relationship of extremes with San Francisco. To travelers visiting San Francisco, Chinatown was a necessary stop. The writings in travelogues published during this period describe Chinatown through a mix of revulsion and curiosity, its inhabitants virtuous and sub-human. In short, within the developing city of San Francisco, an expedition into Chinatown remaine d a visceral exploration of a foreign and exciting environment. Emily Faithful, an Englishwoman writing in 1884, traveled through America in order to explore the changing position of women during the nineteenth century.[1] Faithful remarked, â€Å"San Francisco is a city of strange contrasts. Perhaps there is not a faster place in the world, and yet there are few more conspicuous for works of true benevolence. There is more drinking, and more fanatical total abstinence than I ever encountered elsewhere†¦Ã¢â‚¬ [2] Faithful focused mainly upon the moral decay accompanying San Francisco’s prosperity, however she closed her description of San Francisco by contrasting the decadence of the â€Å"so-called society set,†[3] to the equally large â€Å"cultured... ...ities (Philadelphia: Hubbard brothers, 1883), 455 and Alfred Falk, Trans-Pacific sketches; a tour through the United States and Canada (Melbourne: G. Robertson, 1877), 23. [8] Glazier, Peculiarities of American Cities, 464. [9] Nicholas Everitt, Round the world in strange company; America, British Columbia and the west (London: T. W. Laurie Ltd., 1915), 270. [10] Green, Notes, 65. [11] Glazier, Peculiarities of American Cities, 468. [12] Glazier, 469. [13] Catherine Bates, A Year in the Great Republic (London, Ward & Downey, 1887), 140. [14] Ibid. [15] Bates, A Year in the Great Republic, 141. [16] Ibid. [17] ibid, 142. [18] Glazier, Peculiarities of American Cities, 469. [19] Green, Notes on New York, San Francisco, and Old Mexico, 71. [20] Ibid. [21] Green, Notes, 71. [22] Glazier, Peculiarities, 470. [23] Ibid, 471.

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.

revolutions essays

revolutions essays Revolutions can take many different forms. A revolution is a fundamental change in a political, economical, social, or religious organization. A political revolution is an overthrow of government, often sudden or violent. An example of a political revolution is the American Revolution. "The American Revolution led to the birth of a new nation." (The World Book Encyclopedia, p. 210) Before this revolution, Americans had grown to use a large measure of self-government. Americans strongly resisted the new laws passed by Great Britain, especially tax laws. "The British government was slow to think of the Americans as a political unit. As the British began making new laws, the colonists revolted." (Merit Students Encyclopedia, p. 576) Another example of a political revolution is the French Revolution. "This revolution began with a government financial crisis, but quickly became a movement of reform and violent change."(The World Book Encyclopedia, p. 524) "After the French Revolution, the old system of government was overthrown."(Compton's Interactive Encyclopedia 1996) The new government brought many changes. France adopted the "Declaration of the Rights of Man and of the Citizen". All Frenchmen were declared equal and free before the law. Public office and taxation was based on the ability to pay. In addition, the French Revolution inspired people in other parts of Europe to modernize their own countries. An economic revolution is a drastic change in the production, distribution, and consumption of certain products, usually caused by new technology. One such revolution is the Boston Tea Party. "In the Boston Tea Party, Americans were protesting against taxation without representation and the perceived monopoly of the East India Company." (Compton's Interactive Encyclopedia 1996) "The British Parliament placed import taxes on several items imported to America. The British passed the Tea Act to help get the East India Company out ...