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Stanford Prison Study free essay sample

This trial helped therapists to all the more likely get congruity and human instinct. The goal was to watch the connection between the two g...

Wednesday, October 30, 2019

Accounting and management Essay Example | Topics and Well Written Essays - 1250 words

Accounting and management - Essay Example Wages have increased by almost by 17%, electricity expenses have gone up by 11%; a similar increase has been experienced for accountant charges. Single digit increases have been witnessed by expenses on rent (9.09%), insurance premium (5.66%), and telephone bill (6.25%). The most distressing deviation has been suffered by the component of sundry expenses, by an abnormal amount of 40%. This points out to the fact that the company does not have adequate control on money flowing out in minute amounts. It has spent in necessary amounts that have resulted in the sundry expenses surging so high. The high sundry expenses can have another implication as well. There might be corruption in the system and the employees take undue advantage of the same. There needs to be sufficient control on the expenses as revealed by the analysis. Samuel Pepys needs to carry out adequate research before he embarks on the preparation of annual budget. The company had actually exhibited operational efficiency by garnering a higher sales volume than was budgeted. However, all of that achievement got subsided by the enormous costs incurred by the company. Use of accessories like telephone and electricity must be regulated and used as needed. Unnecessary wastage of costly resources must be avoided. Methodical accounting of all expenses must be carried out and reviewed on a periodical basis so that the purpose for which a cost is occurring gets effectively monitored. The management should initiate proper steps to ensure that they can check the adverse labour rate variance and material cost variance. Though the actual sales has increased from the budgeted sales, yet because of the increased expenditures, the company’s actual profit is lower than that of the budgeted profit. So, to check the excess expenditures proper steps are recommended to the

Monday, October 28, 2019

Retail Book Industry in Nz Essay Example for Free

Retail Book Industry in Nz Essay The aim of this report is to analyse and outline the business perspectives for opening a new independent book store in the Auckland region. The report analyses the current book retail industry and specifically discusses a new book shop’s viability highlighting the internal and external risks and opportunities as well as strengths and shortcomings. To assess the book retail competitive environment elements of SWOT and Porters’ Five Forces analysis tools were utilised (Needle, 2000). The major strengths of a new book shop which could be turned into a competitive advantage are the independency and local governance, relationship with publishers and closeness to customers. The major threats to and weaknesses of the new venture are attributable to low bargaining power with publishers (Needle, 2000), to lack of resources, and high market competition. The report’s conclusion is that anyone intending to enter the book retail market by opening a new store is advised to be mindful of the industry’s risks and challenges in order to mitigate those on the one hand, and to fully capitalise on the opportunities offered by the industry by turning its strengths to a competitive advantage, on the other hand. Table of Contents Executive Summary2 Table of Contents3 1. Introduction4 2. Discussion5 2. 1 Competitive Environment5 2. 1. 1 Whitcoulls Group5 2. 1. 2 Paper Plus6 2. 1. 3 Dymocks8 2. 1. 4 Independent Booksellers9 2. 2 Risk Assessment11 2. 2. 1 Low Bargaining Power with Publishers11 2. 2. 2 Lack of Resources12 2. 2. 3 Market Competition13 2. 3 Opportunities14 2. 3. 1 Independency and local governance14 2. 3. 2 Closeness to Publishers and Customers15 3. Conclusion17 References18 1. Introduction The given report is commissioned by Susan and Michael Clarke to be completed by 27 August 2009. The report’s main objective is to provide an independent analysis of the book retail industry including potential risks and opportunities of opening a new independent book store in the Auckland area. In order to assess the current business environment, the market competitiveness in which a new proposed book store would be operating is analysed including such main industry players as Whitcoulls, Dymocks and Paper Plus on the one hand, and a number of independent book stores on the other hand. Elements of the Porter’s Five Forces’ (Needle, 2000) were incorporated to analyse the competitive environment of the book retail industry. The findings from the analysis of the competitive environment were then utilised to identify and analyse strengths and weaknesses of as well as opportunities and threats for the proposed new independent book store (Samson Daft, 2005). 2. Discussion Bookselling is a big industry in New Zealand. According to (â€Å"Booksellers ready†, 2008), starting from 2007 the annual books spending in New Zealand has not gone below $1 billion. Books have always been perceived as a lucrative retail business due to high margins[1] and book value that has not changed much over time (â€Å"Big boys’ books†, 2009). 2. 1 Competitive Environment There are two main groups operating in the New Zealand book retail market being chain retailers and independent stores. Historically, the book retail market has always been dominated by a few book retail chains occupying almost 90% of the book retail market, leaving the local independent book stores with no more than 10% of market share (â€Å"Whitcoulls, Paper Plus proceeding†, 2007). The main book retail chains operating in New Zealand are Whitcoulls, Paper Plus and Dymocks. 2. 1. 1 Whitcoulls Group The AR Whitcoulls Group (Whitcoulls Group) is the largest retail chain in New Zealand presented by the Whitcoulls, Borders and Bennetts Tertiary stores (â€Å"Whitcoulls finally picks†, 2007). The group is also internationally operating in Australia and Singapore with more than 130 Angus Robertson and Borders stores (â€Å"Big boys’ books†, 2009). After acquiring the Australasian and New Zealand businesses of the second-largest United States bookstore chain Borders[2] (â€Å"Whitcoulls Borders bid cleared†, 2009) in 2008 the Whitcoulls Group obtained access to a high demographic serious books market niche (â€Å"Whitcoulls widens†, 2008). As a result, the Whitcoulls Group operates 90 stores across New Zealand (â€Å"Whitcoulls finally picks†, 2007) accounting for up to 45% of the book  retail market (â€Å"Whitcoulls widens†, 2008). Further to the existing dominance in all the CBD areas, Whitcoulls is planning to expand into small-town areas starting from Te Awamutu, Richmond and Ashburton (â€Å"Booksellers ready†, 2008). The recent recession prompted the group to seek cost cuts by merging its Australasian retail operations’ support offices into one division located in Australia (â€Å"How the book trade†, 2009). The group is also looking into opening the online selling operations in August (â€Å"Booksellers ready†, 2008). 2. 1. 2 Paper Plus The Paper Plus chain being fully New Zealand-owned is the second-largest book retailer in New Zealand (â€Å"New look†, 2008). The company operates as a franchise system and has been around for more than 25 years (â€Å"New look†, 2008). Historically Paper Plus has been a strong player in a stationary business[3] whereas its role in bookselling was not taken seriously by the industry[4]. This is one of the reasons why Paper Plus is currently outperformed by Whitcoulls when it comes to bookselling (â€Å"New look†, 2008). However, Paper Plus has recently become an aggressive player in the book retail market announcing an ambitious goal to become number one book retailer in New Zealand[5]. Paper Plus has recently refitted all their 105 stores as booklovers destinations (â€Å"Big boys’ books†, 2009) aimed at improving store layout and putting more emphasis on books (â€Å"New look†, 2008). In the meantime, the television and radio celebrity Kerre Woodham was signed up as a frontwoman to do book reviews by hosting the â€Å"books and bubbles† events (â€Å"New look†, 2008). The company’s marketing position is further strengthened by participating in the Fly Buys programme and the agreement with New Zealand Post to host Post Shop and Kiwibank services in Paper Plus stores (â€Å"New look†, 2008). As a result, the company manages to gain a competitive edge by not only targeting the niche of traditional booklovers but also those people who do not have a clear intention to buy books but visit the shops for Post Shop or Kiwibank services. On the management side, Paper Plus has promoted a strong support policy to its franchise stores including effective training by the local support office[6]. In the meantime, Paper Plus has been focusing on the relationship with local publishers as well as has considerably increased spending on advertising raising customer awareness about its products[7]. This all has enabled the company to enter the recession with a very strong financial and marketing position. 2. 1. 3 Dymocks Dymocks is Australian-owned and has been around for over 130 years opening its first store in Auckland in 1994 (www. dymocks. co. nz). Dymocks operates as a franchise system running more than 80 stores in Oceania including six New Zealand stores located in the North Island (www. dymocks. co. nz). Dymocks has been operating with the â€Å"love of books† concept having a reputation as a serious bookseller only without expending their product range to stationary, music and movies (â€Å"How the book trade†, 2009). The company offers their customers more of a contemporary bookbuying experience through the â€Å"Booklover† Rewards Programme (â€Å"How the book trade†, 2009). The company focuses on the New Zealand books being historically in the top 10 sellers. Dymocks have been experiencing a sustainable growth opening four new stores over two last years with further plans to expand into the South Island (www. dymocks. co. nz). However, the recession has almost reversed this growth as Dymocks had to close three stores in two months: two in Auckland and one in Wellington[8]. The main causes for these closures were very high rents, bad locations, no street frontage or through traffic and high competition from Borders (â€Å"How the book trade†, 2009). In addition to this Dymocks had to resort to centralise administration in Australia by closing its New Zealand support office. As such, out of the three main book retail chains, Dymocks has been weakened by the recession the most and is more concerned with a struggle to retain its existing six stores. 2. 1. 4 Independent Booksellers In contrast to the recession-linked problems faced by the book chains the independent booksellers[9] do not seem to suffer any recession at all (â€Å"How the book trade†, 2009). Despite some loss of customers choosing to go to library instead of buying books, the recent recession helped books products gain a momentum in the gift market[10]. The books’ popularity and affordability merits attribute to the people’s preference of a good book or dictionary gift over a $300 vase or duvet blanket (â€Å"Booksellers ready†, 2008). According to an industry expert[11] it is because the book chains have not been putting sufficient effort and resources into the customer relationship side, while independent stores have managed to develop a very loyal customer base by their excellent customer service, professionalism and personal approach (â€Å"How the book trade†, 2009). As such, the independent book stores see the recession times as a good opportunity to pull new customers from the book chains which due to their large size and lack of knowledgeable staff cannot compete with independent stores on the professional advice, recommendation and customer service sides (â€Å"Boutique booksellers†, 2009). The competitiveness of the book retail market is further strained by online booksellers, which have experienced a considerable growth over the last few years in some cases almost doubling their sales each year[12]. Taking into consideration the competitive environment analysis above, the book retail market can be defined as highly competitive. Whitcoulls, Paper Plus and Dymocks were found to be the main competitors due to their market dominance on the one hand, and high bargaining power with book publishers on the other hand (Needle, 2000). 2. 2 Risk Assessment Taking into consideration the above analysis of the book retail industry’s competitive environment the following could be identified as risks and threats for a new independent book store. 2. 2. 1 Low Bargaining Power with Publishers Upstream of the value chain (Samson Daft, 2005) a new independent shop would have a challenge to sign book publishers and authors in to obtain the rights to sell their books. The authors and publishers would likely be inclined to work with big retail chains or strong independent stores as being representative of better channels for promoting and distributing the books. Bookshops would usually compete over the right to sell quality books in order to win the customers’ preference and loyalty. The industry experience shows that it is not the large stock but rather a good book range and quality that enable a shop to be preferred by customers over its competitors (â€Å"Boutique booksellers†, 2009). Therefore, bearing in mind the tight economic conditions and high market competitiveness, a new independent shop would have a risk of not being able to obtain a competitive book range due to insufficient bargaining power with publishers (Needle, 2000). 2. 2. 2 Lack of Resources Opening a new store would require significant spending starting from hiring or buying the store to paying professional staff competitive wages. The Dymocks example with closing two Auckland stores (one of which after only a few months after opening) showed how much a store location mistake can cost to a shop regardless of its reputation, product range and popularity (Refer 2. 1). Thus, a company wishing to enter a book market would face not only the challenge of funding to open a new store but also to be able match the location trade advantages with costs. The downstream of the value chain (Samson Daft, 2005) such as advertising and promotion as well as customer relations would also require significant funding. The Paper Plus and independent book stores examples show that investing in advertising and building customer relationships are one of the most effective and powerful means to sustain and further gain market share in the current competitive environment (Refer 2. 1). The independent stores’ achievement of being able to build loyal customer base is due to having professional sales people on floor capable of providing good service along with knowledgeable advice to the customers (Refer 2. 1). Therefore, the lack of resources both material and human would be a weakness of a new shop when entering the book retail market populated with rich chain retailers and professional independent stores. 2. 2. 3 Market Competition New Zealand has a very high number of book shops per capita in comparison to other countries (â€Å"Booksellers ready†, 2008). Thus, a new book store would be entering the market which according to some industry experts is already overpopulated[13] with such strong players as Whitcoulls, Paper Plus, Dymocks not mentioning about independent stores and online sellers experiencing a significant growth in recession (Refer 2.1). Whitcoulls has considerably improved its marketing position through acquiring the Borders operations whereas Paper Plus, being strengthened by combining its services with Post Office and Kiwi Bank, has put a comprehensive action plan in place to fight for number one bookseller in New Zealand. In the meantime, the independent shops are gaining a recession momentum to strengthen their current position by capitalising on the inability of big chains to provide competitive books range, on the one hand, and appropriate level of customer service and support, on the other hand. Taking into consideration the above facts, the book market could be classified as mature where there is no unoccupied market niche (Samson Daft, 2005) left for a new book store to capitalise on. As a result, for a new store to become successful it will literally mean fighting for other shops’ customers. The implication for a new book store is that it will be very hard to compete with the current industry players that have a very high customer loyalty and market reputation for providing exceptional customer service on the one hand and significant resources, aggressive advertising and market dominance, on the other hand. 2. 3 Opportunities This section discusses the main strengths of and opportunities for a new book store in the current business environment. 2. 3. 1 Independency and local governance The centralisation of the stores support and governance is a common move for many in pursuit of cutting costs. However, experience shows that under the current level of competition store problems are timelier and more effectively resolved if there is local governance in place (â€Å"How the book trade†, 2009). The main competitors of the proposed book store are strategically and operationally managed from overseas[14] making these shops quite inflexible and not quick enough to react to market changes as someone in Australia decides how many copies of a particular New Zealand book the stores should stock. In the meantime, the independent book stores have not felt the recession and are thereby able to respond quicker and serve customers’ needs better by preferring to have better books range over larger stock of out of date books (â€Å"Boutique booksellers†, 2009). Therefore, the independency of a new shop would put the company in a better position in regards to timely reacting to industry changes and thereby avoiding unnecessary losses usually resulted from poor decisions made. 2. 3. 2 Closeness to Publishers and Customers Independent governance makes a proposed new book store closer to local publishers and customers. The New Zealand Book Publishers Association consisting of 95 local publishers is not satisfied with the current â€Å"super market† store running model used by the chains[15]. The main disadvantages are: the decreased books range printed as bulk purchases are made at cost of the books diversity[16], the chains often abuse their bargaining power with publishers[17] and the central display system with ineffective books categorisation[18] (â€Å"Big boys books†, 2009). As such, the New Zealand publishers are naturally more inclined to work with small independent stores who will have less bargaining power but more flexibility of buying and distributing books. On the other side of the value chain, a new store would have an opportunity to capitalise on the chains’ clumsiness and lack of personal touch when dealing with customers. The main lesson learnt from chains’ struggle in the current recession is that customer satisfaction and loyalty could on its own determine the book retailer’s commercial future. Independent stores, in turn, have put a particular emphasis in implementing effective customer loyalty programs and achieving loyal customer base. Therefore, despite the high market competition, there is a good opportunity for a new book store to win the book chains’ customers by offering better books range, more professional service and personal approach. 3. Conclusion Taking into account the above analysis, the opening of a new independent book store can be classified as a â€Å"Question† according to the BCG strategic tool (Samson Daft, 2005). On the one hand, the independence, local governance, good relationships with publishers and closeness to customers could enable a  new book store to become a successful venture, thereby shifting to the â€Å"Star† BCG section distinguished by quick growth and expansion. On the other hand, if the new venture has not managed to establish a strong market presence by providing sufficient funding, professional staff and developing effective strategic relationships with publishers, entering the current highly competitive book retail market could result in a commercial failure. The book retail market can be classified as very mature and highly competitive. As such, it would be quite challenging for a new independent book store with limited resources, on the one hand, and the low bargaining power with the publishers, on the other hand, to compete with the book retail chains as well as with a number of other well established independent bookshops and online booksellers in the Auckland region. In the meantime, the fact that a new book store is going to be independent and locally run provides a competitive advantage of knowing its publishers and customers better and, thereby reacting to industry changes quicker and more effectively. The final success of the new proposed book store would be mostly dependent on its ability to cope with high market competitiveness and mitigating its weaknesses on the one hand and capitalising on its strengths and opportunities currently present in the book industry. References Needle, D. (2000). Business in context: An introduction to business and its environment (3ed. ). London: Thomson Learning. Samson, D and Daft, R. (2005). Management, 2nd Pacific rim edition. Australia: Thomson Learning. Big boys books. (2009, January 1), The Press, Retrieved August 15, 2009 from www. stuff. co.nz/the-press/lifestyle/150420/Big-boys-books#share Booksellers ready to write new chapter. (2008, July 14), The New Zealand Herald, Retrieved August 15, 2009 from www. nzherald. co. nz/business/news/article. cfm? c_id=3objectid=10521367 Boutique booksellers boom. (2009, August 13), The Dominion Post, Retrieved August 15, 2009 from www. stuff. co. nz/dominion-post/wellington/2743304/ Dymocks’ official website. www. dymocks. co. nz. How the book trade is turning a page. (2009, June 13), The New Zealand Herald, Retrieved August 15, 2009 from www. nzherald. co. nz. ezproxy. auckland. ac. nz/business/news/article. cfm?cid=3objectid=10578175pnum=2 New look for friendly book chain. (2008, June 21), The Dominion Post, Retrieved August 15, 2009 from www. stuff. co. nz/business/497996 Whitcoulls Borders bid cleared. (2009, January 1), NZPA, Retrieved August 15, 2009 from www. stuff. co. nz/business/130168 Whitcoulls finally picks up NZ Borders stores. (2007, June 07). The New Zealand Herald, Retrieved August 15, 2009 from www. nzherald. co. nz/business/news/article. cfm? c_id=3objectid=10514932 Whitcoulls, Paper Plus proceeding by the book in Borders buy-out. (2007, November 22), The New Zealand Herald, Retrieved August 15, 2009 from www.nzherald. co. nz/shopping/news/article. cfm? c_id=318objectid=10477609 Whitcoulls widens its Borders in $137m deal. (2008, July 7), The Dominion Post, Retrieved August 15, 2009 from www. stuff. co. nz/business/477324 [1] According to industry experts books margins vary from 40% to 50% out of total price (â€Å"Whitcoulls, Paper Plus proceeding†, 2007). [2]The group AR Whitcoulls group acquired 30 Borders stores as well as exclusive rights to the Borders trademark in New Zealand, Australia and Singapore worth $NZD137 million (â€Å"Whitcoulls finally picks†, 2007). The New Zealand Borders operation acquired included five stores: three in Auckland and one in each Christchurch and Wellington (â€Å"Big boys books†, 2009). [3] The recent achievement of Paper Plus is being recognised as the top seller of greeting cards (â€Å"New look†, 2008). [4] Historically only six out of 105 Paper Plus stores were positioned as serious booksellers (â€Å"New look†, 2008). [5] The company’s growth strategy is supported by the strong financial position improved from the loss of $401,000 in 2007 to profit of $748,000 in 2008 (â€Å"New look†, 2008). [6] Paper Plus has purchased a new 500 square metre store in Aucklands Sylvia Park to be used for training the franchisees how to implement an effective store layout and design to boost books sales (â€Å"New look†, 2008). [7] Whitcoulls admitted in the past that their loss of market share was directly caused by Paper Plus increasing its advertising spending (â€Å"Big boys books†, 2009). [8] The Auckland Smales Farm franchise store and the company-owned Queen Street store went into liquidation in May and June 2009 and Wellington Lambton Quay shop closed in May 2009 (â€Å"How the book trade†, 20). [9] The most popular independent book stores include Unity Books (Auckland and Wellington), Scorpio (Christchurch) in Christchurch, Vic Books (Wellington), Dear Reader (Auckland), The Booklover (Auckland) and of Cambridges Wrights Bookshop (Auckland) (â€Å"Big boys books†, 2009). [10] According to the owners of ‘The Childrens Bookshop’, a book shop in Kilbirnie, last year the store has experienced a 12% increase in revenue mainly driven by the parents preferring books for gift for their children (â€Å"Boutique booksellers†, 2009). [11] Tom Beran owning independent stores in Grey Lynn (Dear Reader) and Takapuna (The Booklover) (â€Å"How the book trade†, 2009). [12] For example, the New Zealand online seller www. fishpond. co. nz starting in 2004 expanded to Australia in 2006 and in 2007 was recognised in the Deloitte/Unlimited Fast 50 list noting the fastest-growing companies (â€Å"How the book trade†, 2009). [13] According to Dymocks CEO, Don Grover the New Zealand bookselling market is already over-supplied (â€Å"Booksellers ready†, 2008). [14] Among the book retail chains occupying 90% of the market only Paper Plus is locally supported, whereas Whitcoulls and Dymocks are both owned and governed by Australian companies (â€Å"Big boys’ books†, 2009). [15] That was evidently expressed in the open opposition from the Book Publishers Association of Whitcoulls’ bid to purchase Borders’ stores as they know that it will result in a decrease of the books range bought by the chain (â€Å"Big boys books†, 2009). [16] For example, a book offered by a small publisher could be of a particular interest to smaller towns’ readers. However, a local chain store is unable to make a purchasing decision instead having to sell the books decided in the support office across the Tasman (â€Å"Big boys books†, 2009). [17] For example, Whitcoulls is viewed by the industry as a tough negotiator with inflexible buying policies demanding from publishers at least 50% discount (â€Å"Big boys books†, 2009). [18] Compared to chain stores that cannot add or change the central display system, the independent stores have much more flexibility in deciding how their stock should be grouped and displayed on the floor (â€Å"Big boys books†, 2009).

Saturday, October 26, 2019

Cosmology and the Bible Essays -- cosmology, universe

As one grows older, he begins to question life and how the universe was made. Therefore, it is vital that he has a solid worldview. This worldview has its foundation in cosmology. Cosmology is defined as the branch of science concerned with origin, structure, changes, and the final destiny of the universe. Therefore, the importance of origins/cosmology in a worldview is that it shapes how one sees the universe. Without studying cosmology, one would not have a firm foundation for his worldview because he would not understand how or why the universe was formed. Through the study of cosmology, one is able to better understand how the universe was formed and how it will one day become. Therefore, cosmology affects a worldview because it sets a foundation for the perspective of the person because it explains how the world and living things came about. Thus, once someone determines the origin of the universe, he is able to build the rest of his worldview around th at one idea. In order for cosmology affect one’s worldview, he must first study it so that he is able to better understand it. This theory can be demonstrated in Spurgeon’s article, â€Å"Astronomy As a Source of Illustration†. Spurgeon opens his article with the statement, â€Å"every student for the Christian ministry ought to know at least something of every science, he should intermeddle with every form of knowledge that may be useful in his life’s work. God has made all things that are in the world to be our teachers† (Spurgeon 404). This statement could not be more true. Through studying cosmology, students are able to understand more about the universe that God has created. Thus, learning more about God and building the foundation for their world... ...on event. However, it is important to keep in mind that the theory must be aligned with the Bible. Works Cited Moffett, Rick. "Reliability of the Bible." Kenosha Christian Life School, Kenosha. 2011. Lecture. Moffett, Rick. "Worldviews-Biology/Geology." Kenosha Christian Life School, Kenosha. 2012. Lecture. The Privileged Planet. Dir. Lad Allen. Perf. John Rhys-Davies. Illustra Media, 2005. Black Board. BlackBoard. Blackboard Inc, 2014. Web. 23 Jan. 2014. Ross, Hugh. Why the Universe Is the Way It Is. Grand Rapids, MI: Baker, 2008. Print. Schroeder, Gerald. "Chapter 4: The Six Days of Genesis." The Science of God: The Convergence of Scientific and Biblical Wisdom. New York: Free, 2009. 60-61. Print. Spurgeon, C. H. "Astronomy As a Source of Illustration." Lectures to My Students. Fearn, Ross-shire: Christian Heritage, 1998. 404-409. Print.

Thursday, October 24, 2019

Problem realization Essay

One problem I have had in the recent past has been concerned with making the decision on where to pursue my higher education. Getting an understanding of the problem involved not just realizing that I wanted to attend college, but also understanding how my grades and experiences may aid me in (or barring me from) attending certain of the better colleges. On one level, the problem could be identified inside myself, as I was happy to have reached my senior year of high school and was not particularly eager to embark on another four years of studies. However, as I did not want to enter the working world with only a high school diploma, the problem became an inner struggle whose outcome depended on an analysis of the pros and cons of going to college (Dombroski, 2000). The problem involved the realization that my future depended on the choice I would make concerning college. Information gathering became a significant part of what aided my understanding of the problem. On one level, information gathering was a simple as keeping my eyes and ears open, as teachers and parents were intent on letting me realize how crucial the decision to go to college was. Other forms of information gathering involved viewing brochures, visiting campuses and browsing the websites of universities that offered studies in the disciplines I was interested in. It also involved the understanding of how my monetary status would also affect my ability to attend colleges, even if I could easily get into them. Another important aspect of the information gathering, therefore, involved research into scholarship opportunities, student loans, and a gauging of the types of jobs into which I could conceivably enter upon achieving a degree in my various preferred areas. Upon reading and reviewing all the areas mentioned above, the solution became clear. College was a necessity, and with careful planning it was a viable choice (Dombroski, 2000). As the previous aspects of my critical thinking about college occurred in the summer before my senior year in high school, I found that there were still a few things I could do to alleviate some of the burdens of getting into college. I was able to implement a more structured study plan, as I realized that improved grades would not only help me get more acceptances into my preferred colleges, but they would also give me a better chance of getting scholarships. Another aspect of the solution involved taking classes that would count as some of the prerequisites of the college classes I hoped to take. I was also able to enroll myself in a few more extra curricular activities, in order to appear more attractive to admissions committees at the universities that interested me. Being in college now has given me the opportunity to evaluate how effective my senior-year plan was. Upon considering it, I reflect that the plan was a rather effective one. I was able to get into a good college that offers the area of study in which I am interested. Because I planned in advance to take classes that would count as prerequisites to my intended major courses, I was also able to enroll in classes that were sufficiently advanced in order to allow me to graduate on time. While I was not able to garner full scholarships from the college to support my studies, my grades did help me to get some financial assistance that has reduced the amount of money I have had to borrow for school. Therefore, while that aspect of the plan did not work one hundred percent, the decision to improve my grades is no doubt still one that granted me monetary returns. Finally, my decision to enroll in a variety of extra-curricular activities also appears, in retrospect, to have been a good decision. As I was careful not to over-enroll in these activities, my involvement in them was sufficiently impressive without betraying any evidence of over-commitment. Therefore, I believe that decision was also one that has enabled me to be on this path to success. Furthermore, my involvement in such activities, along with my determination to do well academically in my final year of high school, taught me some valuable time management skills that have been very useful during my time in college (Dodd & Sundheim, 2005). Creativity is most widely utilized in balancing my work, activities and social life with the large course-work load I have each semester. Even though I possess very good organizational skills, I do consider myself as having tolerance for messiness and disorder to some degree. The type of messiness to which I refer is allowing some amount of non-uniformity in my time table. Therefore, while a great deal of my day is scheduled and planned out (such as classes, work time, and some study time) a lot of my day is still left uncommitted. Therefore, I make decisions on what to do at those times on the spur of the moment rather than ahead of time. On a few occasions this has left me with the dilemma of having to choose between sleep and studying for a test. The fact that I have chosen to forego sleep demonstrates my willingness to take risks in the area of sleep deprivation and not with my grades (Dodd & Sundheim, 2005). Mental blocks are mainly an issue for me where it comes to difficult analytical (such as mathematical) task and classes. I have not had very much luck in performing well in such classes—however, taking some such classes has been necessary in the pursuit of my degree. In order to avoid these mental blocks I try to research methods of visualizing the abstract, analytical ideas that are put forth in such tasks. I use the internet and other resources to find where people have succeeded in making such abstracts concrete. This allows me to relax a bit more when such topics are broached. My method of brainstorming happens to occur in close relation to my attempts to be receptive to my senses. When faced with the problem named above of balancing studying/homework with social life, not only to I pay attention to my desires to go out and socialize, but also to the nagging sense of having a pile of work that needs attention. Therefore, I pay attention not only to my sense of adventure and desire for enjoyment, but also my common sense that tells me how much work I can conceivably handle in the amount of time I have allotted (Dodd & Sundheim, 2005). References Dodd, P. & D. Sundheim. The 25 best time management tools and techniques. Peak Performance Press. Dombroski, T. W. (2000). Creative problem solving: the door to individual success and change. Lincoln: iUniverse.

Wednesday, October 23, 2019

Mel Gibson vs. Kenneth Branaugh as Hamlet Essay

The recent â€Å"box office rebirth† of England’s favorite bard has left Hollywood with much to do about interpreting Shakespeare’s classic dramas. The characters of Ophelia, Rosencrantz and Guildenstern, the gravedigger, and of course Hamlet himself take new life, as the greatest actors of our time assume these timeless roles. Produced in 1990, Mel Gibson’s â€Å"Hamlet† is a more straightforward, highly edited version of the original text in comparison to Kenneth Brannagh’s lavish rendition of the same tale. At only 135 minutes, Gibson’s â€Å"Hamlet† might be considered â€Å"Shakespeare Light,† the cinematic equivalent of Cliff’s Notes. However, although Brannagh should be commended for sticking to the text, be forewarned about this â€Å"Hamlet†-by including every line of the original play, this movie clocks in at exactly 242 minutes. The setting chosen for Brannagh’s and Gibson’s â€Å"Elsinore Castle† are as different as day and night, quite literally. And these bright and dark castle settings symbolically reinforce the specific â€Å"mood† or themes each director emphasizes. For instance, the lugubrious Gibson feels perfectly at home in his dark and dank mansion, an ideal place for a grieving soul to maintain its ruefull descent. Conversely, the introspective Brannagh is continuously catching glimpses of himself and others (and into their true souls) in the mirror-lined ballrooms of his glistening castle. Since Hamlet is, in its essence, truly a ghost story (so apropos for Halloween week!), each director has handled these â€Å"special effects† quite differently. Gibson gives a more stage-like handling of the ghost of  Hamlet’s father, using only lighting to cast an eerie glow or flickering shadows on its actors. Brannagh, on the other hand, seeks to use every filmmaker’s device possible, including the light blue glowing eyes of Hamlet’s father and the â€Å"dry ice forest,† (both of which stretched the limits of viewers’ imagination). One special effect that worked very effectively was the use of â€Å"flashbacks† in a character’s memory, specifically in scenes which show Hamlet and Ophelia’s romantic (yet clandestine) relationship developing. The greatest aspect of watching the Gibson and Brannagh films together is noticing the subtle differences between each actor’s expression of the same character. Both versions address, or evade, some of the most controversial issues in interpreting this play: Hamlet’s possible madness, his seemingly Oedipal relationship with his mother, and Ophelia’s suicidal demise. Mel Gibson portrays a brooding, sullen-browed young Hamlet–moody, miserable yet clever and cunning, and always lurking in the dark corners of this ever-somber castle. By contrast, Brannagh commands the screen with a Hamlet more brash and emboldened than Gibson’s, a determined young man whose bright and opulent surroundings reflect a very intellectual, socially and politically astute strategist (not to mention pretentious snob!). Both tiptoe the line between sanity and madness, without ever fully crossing over into a psychological abyss. With Glenn Close playing Gertrude, Hamlet’s mother, Gibson intensifies the Oedipal overtones between the queen mother and her son. Beautiful, elegant, and intensely emotional, Gertrude exudes an exuberant yet refined sensuality throughout the early scenes of the film. Does she linger a little too long on the lips of Hamlet, or is this merely a joyous display of affection for her only son? The famous, and perhaps infamous, bedroom scene eventually shows the glamorous duo of Close and Gibson struggling against one another, and the final fencing scene also emphasizes this pair, their constant awareness of the other’s situation. By casting the ethereal Close alongside the handsome Hamlet, Gibson focuses  on the mother-son relationship versus the Ophelia-Hamlet romance, as Helena Bonham-Carter presents an overly passive, almost prepubescent and one-dimensional performance of Ophelia. Too young, too much manipulated by her father, Ophelia in her insanity scene merely shows a weak young woman overcome by her own pitiful plight. Because her relationship with Hamlet is never developed in Gibson’s â€Å"Hamlet,† Ophelia’s suicide is a merely an action that furthers the plot of Hamlet’s fate–it is not given consideration as the fate of Ophelia herself, a complex, passionate, and â€Å"three-dimensional† character in the play. Brannagh’s casting of â€Å"Shakespeare’s women† gives an entirely different interpretation. To begin with, Julie Christie (as Gertrude) is downright homely in comparison to Glenn Close (check out the differences between the early â€Å"consoling scene† of each film in which Gertrude tells Hamlet that death is â€Å"common†). Thus, Christie is perfect for Brannagh’s interpretation–Hamlet seeks to avenge his father’s death not because of his Oedipal attraction to his mother (which would be too emotional and adolescent for this prince), but rather for some higher sense of truth and justice (perfect for the philosophical Brannagh). Christie is not the amiable, all-loving (or sensual) mother that we saw Close to be, and thus Gertrude’s â€Å"motivation† to marry the brother of her dead husband seems more about politics and power than pure passion. Her role in the movie and the sympathy she evokes in the viewers diminis hes greatly as we view her (and her second husband) with suspicion and even aversion. Yet Kate Winslet (also starring in â€Å"Sense and Sensibility,† â€Å"Heavenly Creatures†), cast as Ophelia, is simply breathtaking. Her presence on the screen commands the full attention of viewers, and Brannagh uses her charisma to create perhaps the most fully developed representation of Ophelia to be brought to any film. She is shown as a strong-willed, intelligent and independent young woman who is passionately in love (and lust!) with her eccentric prince. If you have seen and heard her grief expressed in â€Å"Heavenly Creatures,† then you will know that her â€Å"insanity scene† is the most harrowing display of a heart’s devastation that you might ever see. Her ethereal voice, her song of sadness, will be hard for viewers to forget. With a cast of characters including Billy Crystal, Charlton Heston, Robin Williams and Jack Lemmon, Kenneth Brannagh’s â€Å"Hamlet† is a sure-hit among devoted â€Å"Shakespeare-philes.† Yet, the dynamic performances of the characters in Gibson’s â€Å"Hamlet† guarantee that both movies are even better appreciated when viewed, and compared, together. One of the greatest aspects about Shakespeare’s plays is the never-ending interpretations and expressions that can be made–not only by film makers with their elaborate scenery and all-star casts, but also by each of us as viewers and, hopefully, as readers too.

Tuesday, October 22, 2019

A analysis of of Friday the 13th, with works cited.

A analysis of of Friday the 13th, with works cited. Friday the 13th"It's strange how society has come to accept "superstition" so plainly and unquestioning" (The Superstition Behind Friday the 13th). Almost every hotel in the States, that is big enough, does not have a 13th floor its simply skipped. However, in Italy the 13th floor is not skipped. The number 13 in Italy is considered good luck instead of bad luck (Douglas). Why is the number 13 considered to be such a bad and unlucky number in the United States?There are many reasons for the number 13 to be considered bad luck, but it is only a superstition. "But the fear exists in every occurrence of the number. (The Superstition Behind Friday the 13th). Throughout the western world people can still be found numbering their houses '12 1/2,' to avoid living in number 13" (Douglas). The reason for this could be that Jesus was said to be the 13th at feast, occurring just before he was crucified.Friday the 13th Book iconOr perhaps even that some people have claimed to be a 13th tribe of Israel. Although, the bible says there are only 12, and most Christians and Jews deny that a 13th tribe even exist (The Superstition Behind Friday the 13th).Hopefully now you can see that Friday the 13th is just a silly superstition and not anything to be worried about it. Although, people never want to account for there own actions, anything that goes wrong Friday 13th will be blamed on the fact that it is indeed Friday the 13th. So mainly the reason for Friday the 13th being such a bad and unlucky number in the United States is because the people of the United States allow it to be.Douglas, Hill. MAGIC AND SUPERSTITION. Hamlyn Publishing Group, 1968.The Superstition Behind Friday the...

Monday, October 21, 2019

Migrants essays

Migrants essays To what extent should the legal system recognise cultural diversity? Cultural diversity is the wide range of different people from different backgrounds and races, who have different beliefs and who come from different countries that have either migrated or immigrated to another country. This cultural diversity is very large in Australia and it has restrictions on who may enter. With those who can enter, the legal system should recognise and cater for the needs of this cultural diversity. The legal system should realise that there are a number of problems for the different cultures in Australia when dealing with the legal system. It should provide assistance for each culture so that they can deal with the legal system as would any other culture. The legal system in Australia does realize the cultural diversity and does cater for the needs of the different cultures in most ways but not all. For example, they have realized that there is a language deficiency for migrants and so to cater for this they have a Translating and Interpreting Service (TIS) which is a right for migrants. People who do not speak much English can represent themselves in court by using this system. The legal system has also recognized other areas of different cultures such as the family. Courts have not recognized polygamy or customary and religious divorces, but they have made pre- marriage contracts enforceable as long as it did not cause a great deal of injustice. When dealing with parents and children the legal system takes into account the cultural identity of the child and serves in best interest of the child. In criminal law, the legal system recognizes for example, that some cultures may carry a knife for special purposes. Instead of parliament proposing new legislation which would affect people from different cultures, they isolate and deal with situations specifically when culture is involved. Also when parents discipline their child physicall...

Sunday, October 20, 2019

CTY SAT Score Requirements

CTY SAT Score Requirements SAT / ACT Prep Online Guides and Tips You’ve decided that you want to take part in the Center for Talented Youth (CTY)at Johns Hopkins University. Good for you!Having made this decision, however, you probably have some questions about test score requirements.Do you have to take the SAT to apply for CTY or its programs? What does taking the SAT qualify you for, and how well do you have to do on it? I’ll answer all these questions, and even manage to squeeze in an example from Shakespeare, if you’ll just read on.

Saturday, October 19, 2019

Hip Hop Event Review Essay Example | Topics and Well Written Essays - 1000 words

Hip Hop Event Review - Essay Example This is the house where he launched his first album in 1963. In this program, Otis Sallid’s direction basically allows the different choreographers use their innovation and do their job. They might end up producing something extraordinary using effectively the remarkably multitalented dancers of Philadanco. The choreography of Mr. Sallid is like a â€Å"harmless fun†(Seibert, 2010). Amid those a couple of Soul Train Dance parties linking the vernacular steps which was invented as well as mixed and matched by Brown. According to the review of Seibert (2013), in this performance Sallid’s performance was straight-up simulation, where as Derick K. Grant does an inspiring replication of the departed celebrity of the show. Mr. Grant’s performance mainly his footwork reveals a source of Brown’s swiveling style. Another interesting part associated with this program is the solo of Akash Odedra. His program was more of a whirling blend of Kathak and contempor ary. Thang Dao’s part is a â€Å"tone-deaf display of balletic technique, clunky with references to Brown’s domestic abuse† (Seibert, 2013) Here Abdel Salaam’s role is more natural, and it expressed Brown’s racial political undertones quite bluntly yet incoherently. Review of Funk Box: The Funk Box drum machine is a new age fantastically developed a retro style drum machine which is loaded with most well known drum machine sounds from 70’s and 80s. ... FunkBox faithfully replicates a number of classic drum machine sounds, and can send the audience on a journey of past eras. Working with all these sounds not only brings back the old day’s memories but also help us to apply these old sounds in the modern age of digitization. Funk box helped to mix and merge the sounds of different instruments, and form new variation of classical sounds. It’s a darn good drum machine that allows us to make great drum loops with fantastic samples and make the modern times songs more eventful and enjoyable. Review of Toca Tuesdays: Among the new age hip hop music and dance Toca Tuesday is one of the most famous and much shouted for event. With the rocking background scores and use of high end music this is nothing but involving people for full enjoyment after long hard week of work. At the event there were spinning hip-hop, funk, reggae, house and many more to make it an eventful occasion. The synchronization among the participants is bein g excellent. The rhythm, the beats, sounds, environment all were simply co related to one another. After the origin of the hip hop culture in the late 70s, the music has gone through a number of changes as well as evolution. Toca Tuesday can be considered as one of the most latest of them all, which represent the culture and essence of hip hop music in collaboration of musical advancement with the presence of several different kinds of instruments as well as technology. But, despite all the development in the technology it is very clear that the hip hop culture is still remaining in the root where the essence is intact like the initial days. Experience of Hip Hop

Resolving Ethical Business Challenges Essay Example | Topics and Well Written Essays - 250 words

Resolving Ethical Business Challenges - Essay Example Due to his line of work, Albert makes a good decision to adopt a new lifestyle or rather class in order to look and act successful. He made new friends and this makes the profits in the portfolios to rise. On the other hand, this makes the young family spend a lot of money to maintain the stands. Albert makes a wrong decision by accepting Barry’s request. This costs the wife her job due the email scandal. Albert takes a good step to double his effort in extra business by trading in various high-risk markets but this leads to his uncle’s friends’ portfolios losing badly. A number of factors have influenced the issues facing Albert. The first factor is the new lifestyle that he adopted in order to act and look successful. Albert gains many connections but lastly it seems worthless since the portfolios decrease in value. The pressure from Barry also makes Mary to be mentioned in the email scandal. The portfolios start losing value since he is expected to make up for the loss through the high risk markets. More pressure is exerted on Albert’s side when Barry gets angry and demands for the IPO

Friday, October 18, 2019

Molecular Recognition and Drug Design Essay Example | Topics and Well Written Essays - 1000 words

Molecular Recognition and Drug Design - Essay Example Prediction of 3D structure of protein or target molecule was quite tedious and uncertain due to many of the protein targets are membrane bound and in case of soluble targets like enzymes, they exist in quite dynamic condition in side the body and its structure-function is tightly regulated by microenvironment. But In recent past this problem was solved at quite extant due to development in techniques like NMR and X-ray diffraction leads to generation of hug databases of protein structures, Along with this development in computational capability have deeply influence the over all process. Now we have number of software and models by which one can predict structure of protein based on just amino acid sequences, classical example if homology modeling of protein folding. In post genomic era high throughput protein expression and structure determination by X-ray diffraction augmented by homology modeling makes key process for new drug development program. Quantitative Structure Activity Relationship (QSAR) is an area of computational research where virtual model was developed to determines binding proertise of ligand to its target molecules as well as to predict toxicological potential of existing or hypothetical molecules. QSAR is generally employed to establish correlation between structure and electronic properties of ligand molecules which influence its binding to specific drug target and general target molecules. Initially it was used to predict ligand having very high affinity towards target molecules but now it is extended to predict its diffusion, adsorption, toxicity, metabolism and finally elimination. There are different types of QSAR like 1D, 2- (Lill, 2007) (Mller, 2003)D etc based on number of parameters taken for model prediction. Table 1 describes different mode of QSAR and parameters involved in it. Table:1 (Lill, 2007) Initially QSAR was developed on single parameters like pKa value or solubility of ligand molecules and based on that prediction was carried out (1D-QSAR). Hansch e'tal has included physic-chemical properties like functional groups and atomic configuration in to it. They also correlated these properties to biological activity of ligand. (2D-QSAR). After 1980s increasing number of 3D structures of proteins makes it more feasible to include three dimensional structure of protein-ligand to understand its interaction. Than after Structure based deign (SBD) becomes routine process for new drug development process. Here after identification of target molecule different ligands were searched and analyzed for its docking to target molecules by process called dynamic optimization (MD). Based on this Technique it is possible to identified best binding mode of any given ligand molecule with target. In 1988 Comparative molecular field analysis (CoMFA) was introduced in QSAR which leads to first time demonstration of structure -function co-relation (3D-QSAR). Development of 3D QSAR made task simpler but later it was realized that 3D QSAR based models are not always gives complete picture but fails to explain processes like Induced fit

Slavery Story by Harriet Jacobs Essay Example | Topics and Well Written Essays - 750 words

Slavery Story by Harriet Jacobs - Essay Example This clearly establishes Jacobs' own status as a person and to make a case against the dehumanization inherent in slavery. Moreover, these women were denied the right to bond, nurture and care for their babies. Indeed fact, it was not unusual but common for the plantation master to satisfy his desires with his female slaves and force them to bear his offspring. As Linda points out, children from such unions were often sold to protect the honor and dignity of the slaveholder's wife, who would otherwise be forced to face the undeniable evidence of her husband's lust. Notably, in an attempt to further humanize these victims, she addressed the women of the North, desperately trying to show them that unless they spoke out in protest, they were just as guilty as Southern slaveholders of supporting and perpetuating the system of slavery. In short, apathy towards the act of slavery is just as horrendous as the act itself. We immediately see the human calling in this piece because from the beginning, Jacobs identifies herself as a slave girl. She maintains focus on her female gender. Because she refers to herself as "a slave girl," she implies-and later states explicitly-that she is speaking not only for herself, but also for her sisters still in bondage. Truth be told, this is actually a documentary. In furtherance of Jacobs' establishment of her own status as a person and to make a case against the dehumanization inherent in slavery, Linda continues to exist in this tortured world. Linda could have left her master. As the story progresses we learn that Linda actually had many opportunities to escape. Determined, she chooses to give up her freedom and her own life to save her children. This is the natural choice of a mother. Thus despite the continued abuses suffered by Linda, she presented her story not just as a woman but as a mother. Finally, it is apparent that Jacobs was determined to convince the world of the devastating and dehumanizing impact of slavery on women. In so doing, she let us see the impact from several perspectives. We see it as a female, and as a girl growing into a woman. Further adding to the experience, we see her as a mother and as one who has the daily risk of loosing her babies to the plantation owner that raped her. It is sickening that a woman had to fear one of the most important parts of her life, the beauty of being pregnant. Indeed, perhaps Jacobs transcends the human nature, because while many of the children of these poor slave women were the result of involuntary sex, it did not interfere with the immediate maternal instinct. It is all of these moments that bring Jacobs' perspective as a truly human

Thursday, October 17, 2019

Employment Laws in UK Replacing the Collective Laissez-Fair System Essay

Employment Laws in UK Replacing the Collective Laissez-Fair System - Essay Example This paper illustrates that before the introduction of the statutory employment law what was commonly in use was the laissez- fair that lost its significance later after the introduction of the statutory laws. This has made the collective bargaining to lose its significance considerably and instead the statutory laws have become more important. This has resulted into the emergence of new employment patterns in addition to employment disputes. This is clear indications that in the modern day workers depend on law rather than on the collective bargain. The rise of groups lobbying for the rights of workers has continually attacked the tenets of laissez faire through the enforcement of the labor laws. Laissez faire, which advocates for equal competitive chances for all hence survival of the fittest is currently seen as discriminative, offensive and unfair. Not only has individuals and organizations come up with new strategies, but the government has also come up with strategies aimed at protecting the consumers and investors. These regulations deal a great blow to the capitalist nature of businessmen as dictated by the laissez-faire policy. According to the Labor & European Law Review Index, there are articles, acceptable by the law that dictates on the associations at the workplace. Among the regulations in the index are the age regulations. This dictates that investors cannot hire children of a given age. Moreover, there are conditions that have to be fulfilled before an investor can hire women, children or the disabled. This restricts the freedom granted by the laissez-faire where one can hire whoever has the skills to complete the task at hand. Another challenge posed by the LERL is the employment rights, equality, and compensation. As it is widely accepted, Laissez faire is centered on the benefit of the investor but not the employees. It encourages manipulation of the workers as long as they fulfill the demands of the employer. An incompetent worker is automa tically dismissed. However, with the coming of the regulations, these freedoms are curtailed. The freedom of information means that the workers are no longer regulated. Access to information means that the workers are fully aware of their rights. They are therefore empowered to fight for their rights. On the other hand, the employers’ hands are tied as the labour regulations allow for such. Therefore, the employer ceases becoming the top-most authority, as is the case in laissez-faire. The employer also cannot fire the workers at will since that would be a breach of contract and the employer can be arraigned in court for that. Through these regulations, the employer loses the much control that is availed by the laissez-faire system. The UK Department for Business Innovation and Skills (BIS) has also formulated policies that are aimed at bringing a balanced and sustainable growth. On the face of it, this may seem like a great idea, but not in the eyes of investors who believe in the Laissez faire. Under these policies are some policy areas of interest. According to the BIS, these areas include business law, better regulation, consumer issues and business sectors among others. These are the key areas that threaten the continuity and functionality of the laissez faire system. Of greatest impact is the business law. This law is divided into segments which dictate how various functions in a business entity should be carried out. This alone inhibits the freedom of investors. Furthermore, these regulations call for corporate governance. This comes in line with the corporate social responsibility.

Letter to editor Essay Example | Topics and Well Written Essays - 250 words

Letter to editor - Essay Example I had talked with fellow students who graduated months ago but still jobless as of now as there are no decent job offers. I am afraid the same situation will prevail in Denver by the time I will also graduate. I am sure many natives of Denver will agree with my assessment that our economy is not doing as well as it should. Statistics from May 2009 showed 225,000 people in Denver (Harden 1) who were out of a job and slim prospects of ever finding one. The number of jobless people had gone down a little bit to 195,700 this month and the man’s face sitting in the chair at an employment office exemplified feelings of hopelessness and disbelief felt by people who are in despair at not finding any decent jobs. The man in the suit from the Bureau of Economic Statistics standing nearby is also grossly out of touch with the reality on the ground. Employment numbers and economic data showing a modest recovery are useless and meaningless to a lot of people who are still looking for work until now. My intended audience is the people of Denver who are unemployed and probably desperately looking for a job. The target readership could include people who still have jobs today but are worried about how the economy will turn out as the recovery seems very weak and in danger of falling back into a recession (a double-dip recession feared by economists). Readers from surrounding areas of Denver and perhaps the entire state of Colorado also comprise the corollary readership audience. The Denver Post is one of the leading regional papers and will be read by people from many neighboring states like Nebraska, New Mexico, Oklahoma, Utah and Wyoming or even as far away as Idaho and Texas. People in these states know the real economic situation in terms of employment rates and will certainly agree with my sentiments about how our leaders are managing our nation’s finances. My response to the cartoon will resonate with this audience and they will

Wednesday, October 16, 2019

Employment Laws in UK Replacing the Collective Laissez-Fair System Essay

Employment Laws in UK Replacing the Collective Laissez-Fair System - Essay Example This paper illustrates that before the introduction of the statutory employment law what was commonly in use was the laissez- fair that lost its significance later after the introduction of the statutory laws. This has made the collective bargaining to lose its significance considerably and instead the statutory laws have become more important. This has resulted into the emergence of new employment patterns in addition to employment disputes. This is clear indications that in the modern day workers depend on law rather than on the collective bargain. The rise of groups lobbying for the rights of workers has continually attacked the tenets of laissez faire through the enforcement of the labor laws. Laissez faire, which advocates for equal competitive chances for all hence survival of the fittest is currently seen as discriminative, offensive and unfair. Not only has individuals and organizations come up with new strategies, but the government has also come up with strategies aimed at protecting the consumers and investors. These regulations deal a great blow to the capitalist nature of businessmen as dictated by the laissez-faire policy. According to the Labor & European Law Review Index, there are articles, acceptable by the law that dictates on the associations at the workplace. Among the regulations in the index are the age regulations. This dictates that investors cannot hire children of a given age. Moreover, there are conditions that have to be fulfilled before an investor can hire women, children or the disabled. This restricts the freedom granted by the laissez-faire where one can hire whoever has the skills to complete the task at hand. Another challenge posed by the LERL is the employment rights, equality, and compensation. As it is widely accepted, Laissez faire is centered on the benefit of the investor but not the employees. It encourages manipulation of the workers as long as they fulfill the demands of the employer. An incompetent worker is automa tically dismissed. However, with the coming of the regulations, these freedoms are curtailed. The freedom of information means that the workers are no longer regulated. Access to information means that the workers are fully aware of their rights. They are therefore empowered to fight for their rights. On the other hand, the employers’ hands are tied as the labour regulations allow for such. Therefore, the employer ceases becoming the top-most authority, as is the case in laissez-faire. The employer also cannot fire the workers at will since that would be a breach of contract and the employer can be arraigned in court for that. Through these regulations, the employer loses the much control that is availed by the laissez-faire system. The UK Department for Business Innovation and Skills (BIS) has also formulated policies that are aimed at bringing a balanced and sustainable growth. On the face of it, this may seem like a great idea, but not in the eyes of investors who believe in the Laissez faire. Under these policies are some policy areas of interest. According to the BIS, these areas include business law, better regulation, consumer issues and business sectors among others. These are the key areas that threaten the continuity and functionality of the laissez faire system. Of greatest impact is the business law. This law is divided into segments which dictate how various functions in a business entity should be carried out. This alone inhibits the freedom of investors. Furthermore, these regulations call for corporate governance. This comes in line with the corporate social responsibility.

Tuesday, October 15, 2019

Transport of gas Coursework Example | Topics and Well Written Essays - 500 words

Transport of gas - Coursework Example 89). This further buttresses the high affinity for oxygen of the fetal hemoglobin. Additionally, fetal hemoglobin lacks the interaction with 2,3-BPG. Due to a change on a single amino acid on the binding pocket of 2,3-BPG, it binds less to fetal hemoglobin (Hall, 2010, p.58). This phenomenon explains the high affinity of fetal hemoglobin for oxygen as compared to maternal adult hemoglobin. c) After birth, the fetal hemoglobin is replaced with adult hemoglobin. Therefore, the oxygen-dissociation curve shifts to the right. It confers advantage to the infant after birth because the adult hemoglobin readily gives out oxygen to the tissues as compared to fetal hemoglobin, despite the fact that fetal hemoglobin has a higher affinity for oxygen. It would prevent tissue ischemia (Maryland Department of Health and Mental Hygiene, 2013) b) An increase in the partial pressures of carbon dioxide will shift the curve to the right. Carbon dioxide reduces intracellular pH as a result of the formation of bicarbonate ion. Formation of bicarbonate releases a proton into plasma, therefore reducing pH which has an effect of shifting the curve to the right (Ganong, 2005, p. 90). Similarly, pH affects the oxygen-dissociation curve. A decrease in pH shifts the curve to the right. At molecular level, a high H+ concentration, some amino acids such as Histidine 164 exist in their protonated form predominantly. They; therefore, form ion pairs which maintains deoxyhaemoglobin in the T state. The T state of hemoglobin has a lower affinity for oxygen; therefore, with increased acidity levels, hemoglobin binds less oxygen. This phenomenon is known as the Bohr Effect(Hall, 2010, p.57).. Maryland Department of Health and Mental Hygiene. Fetal Hemoglobin (Hemoglobin F) Fact Sheet. Available from from Maryland Department of Health and Mental Hygiene: http://phpa.dhmh.maryland.gov/genetics/SitePages/hemo_f.aspx [Accessed:

Monday, October 14, 2019

Uniforms in schools today Essay Example for Free

Uniforms in schools today Essay Students wearing uniforms prevents violence in todays schools. Uniforms are equal and give students a sense of security because everyone is the same. Students need to be able to go to school to learn, that should be the sole purpose of going to school. These days most schools dont have dress codes and students wear whatever they want. These kinds of clothing can be distracting and disrespectful to the students. Girls wear revealing shirts and tank tops, guys wear pants that fall down, and they also wear distracting types of shirts with violence or vulgar language on them. Uniforms are a lot more respectable and a lot more mature, and they wont be a distraction to the students and the teachers. Now, some people would say that uniforms are a little too formal. There are many different kinds of uniforms however. Private schools such as catholic schools have more formal uniforms with collared shirts and plaid skirts for the girls. For the boys collared shirts, ties and cargo pants. Students these days really take advantage of the dress code, they wear whatever they want and a lot of them get in trouble for it. Many students are sent home during school hours because their clothing is inappropriate. These students waste valuable learning time, and distract other students from learning as well as the teacher. Disrupting the class can be prevented if students wear uniforms. Uniforms could solve the problem that every school faces, the problem of dealing with students who break the rules of the dress code. Unfortunately, there are many other problems in the schools these days but uniforms are a good place to start. Uniforms come in many different shapes and styles. No one uniform is alike. Many uniforms are similar to the schools colors, but most are not as formal as you would think. Uniforms are made for one purpose only, to make students equal. Students dont understand the importance of a good education. Some people disagree with uniforms because they believe in freedom of speech. They believe that they have the right to wear whatever they want to. People like to express themselves by the way of wearing their own style. Students express themselves in many different ways, but the most popular way that they express themselves is wearing what they want. Lots of students have different opinions on the situation, some agree and some disagree. My sister  goes to a Catholic school and she wears a uniform everyday. She enjoys the strict atmosphere of the school and she loves wearing a uniform. In her opinion, its saves money and you dont have to worry about what to wear everyday. Now some people would say that uniforms are expensive and you only wear them for a few years, plus there are different kinds of uniforms for different seasons. Plus people grow and you cant return them after wearing them. You can resell them but you can never get your money completely back. However, most people who go to private schools are rich, so they dont really care about spending money on uniforms every few years. Education gives you the ability to learn. It gives you a broad aspect of what life would be like after high school and college. A lot of people strive for a higher education, college. They believe that having a higher education will make them succeed in life more than just having a high school education. This may be true, but it isnt exactly a proven fact. Some people just arent made to go to college. Some do just fine with a high school degree. Everyone is different, it just depends how motivated you are and how far you want your education to go. The most important thing is an education, it shows how much you really want to learn by how far you go. Uniforms can do a lot of good in schools, it can prevent violence and keep students on track in school. Uniforms are not distracting and everyone is equal, no one can judge anyone if they are all wearing the same thing.

Sunday, October 13, 2019

Entity ritual and power an anthroplogical

Entity ritual and power an anthroplogical Anthropology 103 is an introduction to some of the major topics and issues that concern social and cultural anthropologists today. It complements Anth 102: Anthropological Perspectives, offered in the second semester, which deals with a separate range of anthropological issues. Together, Anth 102 and 103 constitute a comprehensive introduction to anthropology and students intending to major in anthropology should do both of them. Both Anth 102 and Anth 103 also complement our other 100-level courses, Anth 104: Endangered Peoples (offered in 2011) and Anth 105: Human Evolution, offered this semester. Course convenor lecturer: Assoc. Prof. Patrick McAllister, Room 325, Department of Sociology and Anthropology Phone: ext 7103; email: [emailprotected] Course administrator: Roslyn Kerr, Room 207, School of Social and Political Sciences Phone: ext 7185; email: [emailprotected]y.ac.nz Tutors: Amba Brackenreg Morton, Room 207, School of Social and Political Sciences Phone: ext 7185; email: [emailprotected] Niki McCusker, Room 207, School of Social and Political Sciences Phone: ext 7185; email: [emailprotected] Consulting hours: Your tutor will inform you of her/his consulting hours once you have been assigned to a tutorial group. Feel free to make an appointment with the course lecturer at any time. Lectures and tutorials: There will be two lectures a week on Monday from 11 to 11.50 a.m. in A4 lecture theatre and Wednesday from 11 to 11.50 a.m. in A5 lecture theatre. There is one compulsory tutorial a week. Tutorial groups, venues and times will be arranged at the beginning of the course. Lecture outlines will be posted on Learn each week. Assessment: Tutorial participation (attendance and preparation of notes) 15% Class test: Wednesday31 March 15% Essay: due on Friday 21 May 20% Exam (date t.b.a.) 50% Satisfactory participation in tutorials will require the preparation of written notes (approximately one page of 300 words per tutorial) based on the tutorial reading. Most tutorials involve participation in small-group work, and adequate preparation is essential. You are required to take a hard copy of the notes to the tutorial so that you can consult it during discussions. The notes will be collected and recorded but not assessed, but the mark for tutorial participation is based on both the hard copy handed in to the tutor and on your attendance at the tutorial. The essay (see p. 7) should be typed, double spaced, and around 2000 words in length. Learn contains a guide to essay writing and a referencing guide which you must read. The class test will be based entirely on material dealt with in tutorials and lectures, including the relevant readings in the course reader (weekly readings as well as tutorial readings). The exam will be based on all aspects of the course readings, lectures, tutorials and videos. For details on assessment policy, aegrotats, extensions, etc., see Learn. Course reader and Tutorial readings: Part One of the Course Reader contains the weekly readings relevant to the weekly lectures. Tutorial readings are found in Part Two of the course reader. Students are also advised to consult the Anthropology and other social science encyclopaedias in the reference section of the Central Library. Textbook: There is a recommended text book for this course, available from the University book shop. It is Monaghan, J and Just, P. Social and Cultural Anthropology: A Very Short Introduction. Oxford, 2000. There is also a course Reader. It contains readings relevant to both lectures and tutorials but not readings from the recommended text book. Other recommended texts (on short loan in the library): Metcalf, Peter Anthropology: The Basics. Routledge 2005. Eriksen, Thomas Hyland Small Places, Large Issues. Second edition. London: Pluto Press. 2001. Internet resources: Learn contains everything you need to know about the course (see http://learn.canterbury.ac.nz/login/index.php) and also has links to a number of sites of interest to anthropologists. Course overview: Anth 103 introduces students to a range of topics aimed at enabling them to critically examine the nature and role of culture in constructing a sense of individual and collective identity, and how this is related to various forms of power. Culture is viewed as a system of symbols that provide meaning, manifested in language, in notions of space and place, in art, in ritual, and in other material things such as food and dress. The course explores the role of symbols and rituals in the construction of culture. It demonstrates how ideas about culture may form the basis of group formation, ethnic and national identity, and how many forms of social action (including conflict between groups) may be understood as the politics of culture in which there are struggles for identity and power. Culture and identity are frequently acted out or performed in ritual and other forms of public action, and the notion of performance is introduced and developed in relation to the construc tion and demonstration of identity. The course illustrates the diverse nature of the ways in which humans perform identity and how these topics are of interest and relevance to countries such as New Zealand. In this sense it demonstrates how anthropology is relevant in todays world, by showing how an anthropological approach may be applied to contemporary social issues. _____________________________________________________________________ ­Ã‚ ­ Lecture programme _____________________________________________________________________ Week 1 22 February We start, this week and next, with an introduction to socio-cultural anthropology, its perspectives and its methods. Certain basic anthropological concerns are introduced. These include the nature of culture and society, and the ways in which humans organise themselves socially (weeks 2 and 3). In later weeks we see that time, space, the body and material culture form important components of this, as do ritual and power. In this respect the importance of symbols and meaning are emphasised, before we move on (in the second half of the course) to the question of ritual and ritual performance, through which culture is expressed, identities constructed and maintained, and power relationships acted out and reflected upon. Ritual performances, then, turn out to be basic to understanding the nature of social identity and the politics of culture, and vice versa. Videos and video clips are used to provide visual illustrations and food for thought. 1. Welcome and introduction what is socio-cultural anthropology, and why study it? Academic members of the UC anthropology programme and what they do. 2. The anthropological approach: Ethnographic fieldwork Video: Off the Verandah (Malinowski) Readings: Monaghan and Just 2000 (ch1); Eriksen 2001, ch 3. No tutorial this week. _____________________________________________________________________ Week 2 1 March 3. Culture and society: Video: The Kawelka: Ongkas Big Moka 4. Culture, symbols, society, meaning: Video: Dogtown and Z boys Readings: Monaghan and Just 2000 (chs 2 3); Hendry, 1999, ch 1. Tutorial Metcalf refers to the culture shock experienced by anthropological fieldworkers. How is this illustrated by Richard Lees experience of Christmas in the Kalahari? Metcalf 2005, ch1; Lee 2000. _____________________________________________________________________ Week 3 8 March 5. Symbols, identity and power: Video: Dogtown and Z boys (contd.) 6. Reflections and consolidation: Dogtown, the Kawelka, and the anthropological approach Reading: Delaney 2004, pp. 323-332 Tutorial It has been suggested that culture consists of meanings conveyed by symbols. Your tutorial notes should address the following questions: What is a symbol? How do symbols convey meaning? Why is symbolism central to understanding culture and society? Hendry 1999, Ch 5. _____________________________________________________________________ Week 4 15 March 7. Material culture the things that matter 8. Economic anthropology The Potlatch. Video: Box of Treasures Readings: Monaghan and Just 2000 (ch 6); Piddocke 1965 Tutorial Body ritual in New Zealand society: How does body ritual and the associated material things in your own home compare with the lengths to which the Nacirema go to ensure bodily purity? Miner 2000. _____________________________________________________________________ Week 5 22 March 9. Time and space 10. The politics of culture. Video: Basques of Santazi Readings: Bourdieu 1973 Tutorial Maria Tam considers yumcha to be a typically Hong Style of eating. What is the connection between food, time and place in this instance? Can you think of other examples of close associations between a particular national or regional identity and specific foods or eating styles? Tam 1997. _____________________________________________________________________ Week 6 29 March 11. The politics of culture (contd) 12. Class test. Readings: Monaghan and Just 2000 (ch 5); Atran 2007. Tutorial Race and culture: Why is race a discredited concept in biology? And if it is discredited, why is it relevant to anthropologists? Check it out in your tutorial readings, then go to the library and look through last weeks New Zealand and Australian newspapers for articles that refer to race, race differences, or similar issues and bring the article with you to the tutorial for discussion, along with your notes. Metcalf 2005, ch 2; Diamond 1999. _____________________________________________________________________ Mid semester break _____________________________________________________________________ Week 7 26 April 13. Nationalism and ethnicity: Ethnicity and the politics of culture in New Zealand 14. Aesthetics, identity and society Readings: Eriksen 2001, ch 17-18; Hendry 1999, ch 6 Tutorial: Discuss and evaluate Koligs analysis of the links between culture, ethnicity, politics and power in New Zealand. Kolig 2009. _____________________________________________________________________ Week 8 3 May 15. Religion and Ritual 16. Ritual and the life-cycle Readings: Monaghan and Just 2000 (ch 7); Hendry 1999 (ch 4) Tutorial What are the characteristics of the liminal stage of rites of passage? Turner 2000. _____________________________________________________________________ Week 9 10 May 17. Rites of Passage. Video: Masai Manhood 18. Masai ritual, politics and power Readings: Turnbull 1993 (Ch 10) Tutorial How did Moerans attention to the ritualised consumption of alcohol and to drinking talk help him to understand power relations in the Japanese community that he studied? Moeran 1998. _____________________________________________________________________ Week 10 17 May 19. Ritual, identity, power witches, sorcerers, and oracles Video: Strange Beliefs (Evan-Pritchard) 20. Magic and shamanism Video: Off the Verandah (Malinowski) Readings: Beattie 1964, pp. 139-151 Tutorial What is globalization and why are anthropologists interested in it? Eriksen 2001, ch 19. _____________________________________________________________________ Week 11 24 May 21. Cultural performance 22. Performing identity: Video Trobriand Cricket Readings: Bauman 1992 Tutorial What are the ways in which you perform your identity? How are such performances related to your nationality, age, gender, education and ethnicity? Fernea and Fernea 2000 _____________________________________________________________________ Week 12 31 May 23. Cultural performance and public ritual in New Zealand: ANZAC Day 24. Conclusion, course overview, exam details Readings: Delaney 2004, 376-391 Tutorial Revision and consolidation _____________________________________________________________________ Essay; due on Friday 21 May (2000 words, typed) Choose ONE of the following topics. 1. Discuss the usefulness or otherwise of regarding Pakeha/Maori relations as relations between ethnic groups. Use the media to make reference to contemporary issues and controversies in your answer. Banks, M. Ethnicity : Anthropological Constructions. London; New York : Routledge. 1996. Eriksen, T. H. Ethnicity and Nationalism : Anthropological Perspectives. London: Pluto. 1993. Kolig, E. Romancing Culture and its Limitations: Policies of Cultural Recognition, Multiculturalism and Cultural Boundaries in New Zealand. In The Politics of Conformity in New Zealand, edited by R. Openshaw and E. Rata. Auckland: Pearson. 2009. Kottak, C. Anthropology: The Exploration of Human Diversity. 9th edition. McGraw Hill. 2002. Ch 12. Barber, K. Pakeha Ethnicity and Indigeneity. Social Analysis, 43, 2. 1999 Spoonley, P Pearson, C. Nga Patai: Racism and Ethnic Relations in Aotearoa/New Zealand. Palmerston North: Dunmore Press. 1996. (Chapters by Bell and Spoonley). 2. Anthropology is said to be concerned with the contemporary study of culture and society. What do these two terms mean, and in what ways are they connected? Barnard, A. and J. Spencer Encyclopaedia of Social and Cultural Anthropology. London: Routledge. 1996. (Make use of other Anthropology encyclopaedias as well). Metcalf, Peter.  Ã‚  Ã‚  Anthropology: The Basics.  Ã‚   Abingdon/New York: Routledge. 2005. Bailey, James and Peoples, Garrick. Humanity: An Introduction to Cultural Anthropology. 6th edition. Belmont, Ca.: Thomson/Wadsworth. 2003 Hendry, Joy. An Introduction to Social Anthropology. London: MacMillan Press. 1999. Eriksen, Thomas Hyland. Small Places, Large Issues. Second edition. London: Pluto Press. 2001 Beattie, John. Other Cultures. London:Routledge. 1964. 3. The body, it is said, is not a natural thing but a cultural one. The body is implicated in ritual and performance, and it is an important source of symbolism in most societies. Discuss. Delaney, Carol. An Experiential Introduction to Anthropology. Malden/Oxford. 2004, chs 6-8 Hendry, Joy. An Introduction to Social Anthropology. London: MacMillan Press. 1999. Ch 5 Bowie, F. The anthropology of religion. Second edition. Oxford Blackwells. 2006. Ch 2. Hertz, R. Death and the Right Hand. London: Cohen and West. 1960. pp89-116.

Saturday, October 12, 2019

Shakespeares The Tempest as a Microcosm of Society Essay -- Shakespea

The Tempest as Microcosm of Society      Ã‚  Ã‚   The Tempest is one of Shakespeare's most universal plays and, not coincidentally, is very much concerned with human behavior and emotion. As John Wilders observes in The Lost Garden, â€Å"Prospero’s island is what the sociologists call a ‘model’ of human society. Its cast of characters allows Shakespeare to portray in microcosm nearly all the basic, fundamental social relationships: those of a ruler to his territory, a governor to his subjects, a father to his child, masters to servants, male to female, and the rational to the irrational within the human microcosm itself" ([London: Macmillan Press Ltd., 1978], 127). Prospero himself is an observer of and experimenter with human behavior: he saw human nature at its worst when his brother usurped his dukedom and sent Prospero and Miranda off to almost certain death; he has tried to nurture Caliban’s human half and to teach the monster acceptable human conduct; he demonstrates a working knowledge of reverse psychology when he maneuvers his daughter into love with Ferdinand; and, finally, he examines his own behavior and emotions in relation to his enemies, relatives, and friends. Prospero and the play ask two questions: Is behavior such an Antonio's the basic nature of human beings; and, if so, can nurture improve upon nature? In modern terms, the play struggles with the ever-present debate over the impact of heredity and environment. His first observations--of Antonio's and Alonso’s treachery--were inadvertent and even unexpected; however, they prompted Prospero to shift the focus of his studies from â€Å"the liberal arts† to human behavior. Prospero has devoted himself to gaining knowledge and, as he admits to Miranda, neglected h... ...â€Å"the Ariel and the Caliban of which his own—and our—nature consists† (Wilders, New Prefaces to Shakespeare, 273); he has found the answer to the dilemma of nature vs. nurture in his own psyche, and with this knowledge he returns to the human society of Milan a more balanced, more complete human being than when he left it.    Works Cited and Consulted Hirst, David L. The Tempest: Text and Performance London: Macmillan Publishers Ltd., 1984. Rowman and Littlefield: Manchester University Press, 1980. Shakespeare, William   Measure for Measure 3.1.148 The Riverside Shakespeare, ed. G. Blakemore Evans Boston: Houghton Mifflin Company, 1974. Callaghan, Dympna William Shakespeare Oxford: Basil Blackwell, 1986. Wilders, John The Lost Garden London: Macmillan Press Ltd., 1978. Wilders, New Prefaces to Shakespeare Oxford: Basil Blackwell, 1988.

Friday, October 11, 2019

Outsiders: Gang Members

The need to belong is a fundamental need within all of humanity, and has played a key role in society since the beginning of time. The novel by S. E Hinton, ‘The Outsiders’ conveys this need and the yearning to feel social acceptance within us all. ‘The Outsiders’ comments on this inherent part of humanity through its realistic portrayal of teenage gang life, centering on the dependency of the gang members to feel a sense of inclusion and support from their gang. Insert The Outsiders plot line ‘The Outsiders’ conveys that the need to belong is apparent within everyone through the universality of the needs and views of the gang members.This conveys that finding a place to belong, as the characters do within their own gangs, is a basic aspect of man. These concepts are explored through the archetypal structure of the gangs represented within ‘The Outsiders’ that the audience is able to relate to, with the gangs clear hierarchy and the ir fierce loyalty and dependency present between the gang members. The novel depicts Ponyboy’s awakening to the true similarities between the rival gangs, and that although they brand themselves as polar opposites, both gangs at the heart are the same.It is slowly revealed that both gangs exist in order to give the teenagers a place to deal with society’s expectations and to feel a sense of inclusion, needs that the whole of society can relate to. The rivalry between the gang also signifies the universality of the gangs, as it is common throughout society for groups to bond themselves through a sense of ‘us versus them’, fulfilling the need within humanity for inclusion and camaraderie. There is also a strong tribal element within the gangs, as both gangs are male centered, territorial and resort to violence.This conveys the inherent need within humanity to belong, as tribes have formed since the beginning of time as an answer to this need. The tribal natu re of the gangs also conveys the gang member’s reliance on the gang and the support it offers them, as throughout history rejection from the tribe leads to death. The gangs instinctually resorting to violence also comments on the tribal nature of the gang, as they conform to primitive behavior of uniting against others. Hinton’s employment of point of view conveys to the audience Ponyboy’s personal opinions and discoveries about the true nature of the gangs.Through Ponyboy realizing the similarities between the gangs and questioning the violent nature of the gangs, the audience gains a greater understanding of the universality of belonging within a group and the inherent need to feel accepted within all of humanity. Although there is a universal element present in the gang life, there are also significant differences between the two rival gangs. These differences capture the importance of belonging as it focuses on the greaser’s loyalty, love and dependen cy within the gang that the SOCS don’t have.The Greasers’ need to belong, unlike the SOCS, stems from their alienation and exclusion from mainstream society. As the title conveys, they are ‘outsiders’, so the unity within the gang is much stronger as they have nowhere else to go. The sense of security created by the gang strengthens the relationships and loyalty between the gang members, making them more like a family then a group of friends. This is presented throughout the book, as the different greasers convey their allegiance to the gang and their willingness to put themselves on the line in order to protect a fellow gang member. When you’re a gang, you stick up for the members. If you don’t stick up for them, stick together, it isn’t a gang anymore. ’ Hilton’s employment of vernacular language and symbolism conveys the greaser’s loyalty to their gang as they mark themselves apart from the rest of society throu gh their appearance and slang. The greasers take a special pride in their long hair, a uniform for the gang of outcasts. The Outsiders conveys that more than anything, humanity feels a need to belong, through the range of characters and their different needs and connection to their gang.Hilton’s employment of characterization captures the drive behind man to belong, and what it can compel someone to do. Dally and Johnny are key examples of this, as their dependency on the gang is due to them not having a supportive family or another place to turn to. This is contrasted with the character of Darry, a more peripheral member of the gang who, due to his stable job and his history of athletic achievements, doesn't depend on the gang for self fulfillment and a life purpose. The Outsiders leads the audience to question the significance of belonging through the allegiance of the gang contrasted with biological bonds of family.Throughout the entire novel, Ponyboy struggles to find his place within the gang and within his family unit, as he fights with his brothers and feels alienated and unwanted. As Ponyboy tries to find his place within life, he turns away from his brothers and towards the support of the ‘greaser family’. Ponyboy’s journey is compared with Johnny, who is pushed away by his parents and looks to the greaser gang for family support and comfort. As Ponyboy gains an insight into Johnny’s life he in turn learns to appreciate his brothers and the sense of belonging they offer. It ain’t the same thing as having your own folks care about you† Johnny said simply. The need to belong is also explored in the Outsiders through the breaking up of the gang following the dramatic events that occur. Throughout the novel, the gang slowly collapses into a state of chaos, revealing to the audience the gang member’s dependency on the gang for their self identity and a reason for living. The gang is conveyed to have a s et structure at the beginning of the novel, each member having their own role within the gang.While the three brothers are the foundation of the gang, as they offer safety and hospitality to the other gang members, it is Johnny who is the heart of the gang, as the gang is tied together through their need to protect and love Johnny. As the bonds between the brothers begin to crumble, the fractures of the gang become apparent. It is the death of Johnny that leads to the gang collapsing and Dally’s suicide.This is conveyed through emotive language at the effect Johnny’s death plays on each character, â€Å"Soda looked like he was going to cry, Two-Bit’s eyes were closed and his teeth were clenched†¦ My heart was pounding in slow thumps. Dally’s suicide depicts his need of the gang, as he loses his will to live following Johnny’s death and the disbanding of the gang. Ponyboy enters a state of discord following the death of his friends that eventu ally allows him to move onto a state of reflection and growth as he realizes the significance of his belonging within his family and the importance of caring for the needs of his family and the gang in order to build a sense of solidarity and belonging. Insert Conclusion

Thursday, October 10, 2019

Conditions & Warranty

INTRODUCTION: The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962, a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery.In the case, the ship owner hired out the Hong Kong fir, ‘being in every way fitted for ordinary cargo service’. The ship was delivered on 13 February 1957, sailing from the United State to Osaka. Due to the age of the ship’s machinery, the engines were old inadequate. However, the numbers of staff were insufficient and the chief engineer wa s incompetent. Consequentially, twenty weeks out of twenty four months was the ship ‘off hire’ for repair. On the other hand, freight rates had fallen during that period.The new rate was a quarter and a third cheaper than the rate fixed originally. The charterer wished to terminate the contract for the owner’s failure to hire out a seaworthy ship which they claimed to be a ‘condition’ and that the consequences of the breach was so serious that it has frustrated their purpose in entering into the charter-party. It was held seaworthiness was not a condition in their contract and that the delay caused by the repairs was not as grievous as to frustrate the charter-party’s commercial purpose.Therefore the chartered cannot terminate the contract. In a contract of sale, usually parties makes certain statements or the stipulation about the goods under sale or purchase. These stipulations in a contract of sale made with reference to the subject matter of sale. It may be either a condition or warranty. These stipulations forms the part of the contract of sale and a breach of which may provides a remedy to the buyers against the seller.The provisions relating to conditions and warranties are covered under section 11 to 17 of the sales of Goods Act. Section 11 of the Sale of Goods Act 1930 provides, â€Å"Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract†. In a contract of sale of goods there maybe various terms or stipulations.Though the definition of the word â€Å"stipulation† in the act is not been given, but when refer in Halsbury’s Laws of England, ‘stipulation is said to include only promises and not collateral contingencies beyond the control of either party e. g. , in s ales of goods â€Å"to arrive†. A bare ‘representation’ will not amount to a stipulation. Such stipulation maybe of major terms/conditions and minor terms/warranty. Condition means a stipulation or provision; a thing on whose fulfilment another thing or act is made to depend, something agreed upon as a requisite to the doing or taking effect of something else.Section 12(2) of Sales of Goods Act, 1930 defined conditions as â€Å"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†. On the other hand, â€Å"Warranty is an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not a right to reject the goods and treat the contract repudiated.It may be, express or implied† ; According to Section 12(3) of Sales of Goods Act, 1930, †Å"a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject goods and treat the contract as repudiated. † Thus, there are obligations other than conditions which are not so vital to substance of the contract, however, those terms must be performed because their breach do not cause repudiation of the contract but may lead to sue for damage.In case of a breach the party at fault is liable to pay compensation Section 12(1) of the act state that, â€Å"A stipulation in a contract of may be a condition or a warranty† explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences, however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as â€Å"Conditions†. Further, a term which are not of so vital importance is known as à ¢â‚¬Å"Warranty†.Under Section 12(4) which provides that â€Å"whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract†. Therefore, every contract is to be assessed in the light of circumstances including intention of the parties and also terminology used in the construction of the contract. CONDITIONS: Section 12(2) of the act defines a condition as â€Å"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. Conditions is called an ‘express condition’ when a condition is expressed clearly in writing. A condition is a stipulation essential to the main purpose of the contract. It is very vital to the existence of the contract. It is regarded as the very basis or foundation of the contract. In case there is a breach of condition , the aggrieved party gets the right to treat the contract as void and can claim damages. Giving an illustration: A wants to purchase a horse form B, which can run at a sped of 55km/hr. B pointing out a particular horse says ‘this horse will suit you. But later after purchasing the horse, A finds that the horse can run at a speed of 40km/hr. This is a breach of condition because the stipulation made by the seller forms the very basis of the contract. WARRANTY: According to Section 12(3) of the Act, â€Å"Warranty’ is a stipulation collateral to the main purpose of the contract, the breach of which gives the aggrieved party a right to sue for damages only, and not to avoid the contract itself†. A warranty is called an ‘express warranty’ when cush a warranty is expressed clearly in writing.A warranty is a stipulation subsidiary to the main purpose of the contract. It is not so vital to the existence of the contract as a condition. It is not regarded as the very basis of foundation of the contract. If there is a breach of warranty, the aggrieved party cannot treat the contract as void. He can only claim damages. As per Halsbury’s Laws of England, â€Å"A contract may contain conditions and warranties. A conditions is a stipulation which is fundamental to the contract, whereas a warranty is a provision which is subsidiary or collateral to the main purpose of the contract.The question whether a particular stipulation is a condition or warranty depends upon the intention of the parties to be ascertained in the case of a written contract from the documents and in the case of an oral contract from the surrounding circumstances. Giving an illustrations: A man buys a particular horse, which is warranted to be quiet to ride and drive. The horse turns out to be Vicious, the buyer’s only remedy is to claim damages. This is a breach of warranty, because the stipulation made by the seller was only a collateral one.DIFFERENCES B ETWEEN CONDITIONS AND WARRANTIES; Basis of Differences:Condition:Warranty: Nature-A condition is essential to the main purpose of the contract. It is only collateral to the main purpose of the contract.  ¬As to Breach-Here, the aggrieved party can repudiate the contract and exempted from performance and can claim damages also. Here, the aggrieved party cannot rescind the contract, but can claim damages only. Treatment-A breach of contract may be treated as a breach of warranty.A breach of warranty cannot be treated as a breach of condition. Root of the Contract-A condition goes direct to the root of the contract. A warranty does not go direct to the root of the contract. As of Effect-Condition is one something agreed upon as a requisite to the doing or taking effect of something else, a thing on whose fulfilment another thing or act is made to depend; a stipulation or provision; mode or state of being, state in which a thing exists. Warranty is a guarantee or security that goods a re of the quality stated.It is a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant or secure the bargainee and his heirs, against all men for the enjoying of the thing granted. WHEN CONDITION IS CONSIDERED AS WARRANTY: In Maruti Udyog Ltd. vs Susheel Kumar Galigotra case, the complainant had a defect in the manufacturing of the car purchased by him and requested for a replacement. In this case, we see that the terms clearly referred to replacement of defective part and not the replacement of car.The High Court order for a replacement of car but the Supreme Court held that the order of the High Court was not proper and entitled the complainant to get replacement of defective part at the cost of appellant. In addition to this, the Supreme Court awarded Rs. 50,000/- for the inconvenience caused to the purchaser. As per Section 13 of the Sale of Goods Act, Condition is as warranty treated under the following circumstances; Where a contract of sale is su bject to any condition to be fulfilled by the seller, the buyer may aive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. In this section it mentions that, either party may â€Å"voluntarily waive a stipulation† which is for the benefit of the party. Although, the benefit of parties may be waived by mutual consent. In other case, where a horse was sold with a warranty of soundness, held that the mere fact of the buyer getting a veterinary doctor’s certificate as to the soundness of the horse, will not amount to waiver of the warranty.Once, the buyer waives the condition he cannot afterwards compel the performance and on this ground cannot also repudiate the contract. 1. Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.This section is subject to two conditions. In the first place this is possible only when the contract is not severable. Secondly, there is nothing in the contract which expressly or impliedly provides the contrary. If these two conditions are satisfied the buyer may elect to treat the breach of condition as a breach of warranty. 2. Nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise.Thus, when condition is being reduced to the level of warranty, the right to reject the goods has been loses by the buyer, that he shall have to be content to the remedy of damages for the breach of condition. When a condition in the contract of sale has not been fulfil (i. e. fails to perform the condition) by the seller, then it is the right of the buyer t o waive the condition as a breach of warranty. The consent depends upon the buyer and not of the seller.In Wallis vs Pratt case one of the clauses of a contract of a sale by sample of a seed called â€Å"Common English Saifoin†, as per a condition sellers gave the warranty express or implied, as to growth description or any other matters. Instead of delivering â€Å"Common English Saifon†, the sellers delivered another seed called â€Å"giant saifoin† but it could be discovered only after sowing. The said seeds were sold by the buyer to a third party who after sowing discovered that the seeds were in fact â€Å"giant saifoin† whose market value was much lower. Since the seeds had lready been sold to the third party. They were thus accepted, it was held that the buyer had to pay damages to the said third party. In an action brought against the seller, it was held by the House of Lords that the sellers were bound to pay damages. Delivering the judgment it w as held that a buyer may treat a breach of condition as a breach of warranty. In this case Fletcher Mouton LJ said that, â€Å"it will be seen, therefore, that a condition and a warranty are alike obligations under a contract, a breach of which entitles the other contracting party to damages.However, in the cases of breach of condition, he has the option of another and a higher remedy, namely, that of treating the contract as repudiated. But as i have said, he must act promptly if he desires to avail himself of this higher remedy in Section 11, sub-section 1(c), two cases are given in which he will be deemed as matter of law to have elected to content himself with his right to damages. The two cases named are the case where the buyer has accepted the goods or part thereof and the case where the contract is for specific goods, the property in which it has passed to the buyer.I see no reason to suppose that the Act intends that these should be the only modes in which a buyer can effe ctively bar himself from taking advantage of the choice of remedies given in the case of a breach of a condition, but that is a pint which it is not necessary to discuss in the present case. In the same case, Lord Loreburn L. C. , observed: â€Å"If a man agrees to sell something of a particular description he cannot require the buyer to take something which is of a different description and a sale of goods by description implies a condition that the goods shall correspond to it.But, if a thing of a different description is accepted in the belief that it is according to the contract, then the buyer cannot return it after having accepted it; but he may treat the breach of the condition as if it was a breach of warranty or that what was a condition in reality had come to be degraded or converted into a warranty. It does not become degraded into a warranty ab-initio, but the injured party may treat as if it had become so, and he becomes entitled to the remedies which attach to a breac h of warranty.EXPRESS & IMPLIED CONDITIONS AND WARRANTIES: Conditions and warranties may be either- a) Express or b) Implied. When any stipulation is inserted in the contract at the will of the parties, it is said to be expressed conditions and warranties. The implied conditions and warranties, are those which are presumed by law to be present in the contract though they have not been put into it in expressed words. Express conditions and warranties are those which are entered in clear words in the contract. They are expressly provided in the contract of sale.Implied conditions and warranties are those which the law incorporates into the contract unless the parties agree to the contrary. They may, however, be cancelled or varied by an express agreement or by the course of the dealings between the parties or by usage and custom of trade. Implied conditions are dealt within Section 14 to 17 of the Sale of Goods Act, 1930, it is binding in every contract of sale unless they are inconsi stent with any express conditions and warranties agreed to by the parties. Regarding implied undertaking as to title, etc.. section 14 of the Act provides, â€Å" In a contract of sale, unless the circumstances of the contract are such as to show a different intention there is; a)An implied condition on the part of the seller that, in the case of sale, he has a right to sell the goods and that, in the case of any agreement to sell, he will have a right to sell the goods at the time when the property is to pass; b)An implied warranty that the buyer shall have and enjoy quiet possession of the goods; c)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 contract is made. In every contract of sale, the first implied condition on the part of the seller is that- a)In case of a sale, he has a right to sell the goods. b)In the case of an agreement to sell, he will hav e right to sell the goods at the time when the property is to pass. The Buyer is entitled to reject the goods and to recover the price, if the title turns out to be defection as per Section 14(a) of the Act. Implied Condition: In the absence of any contract to the contrary, the following conditions are implied in every contract of sale of goods: Condition as to title: as per section 14(a) of the Sale of Goods Act, in a contract of sale, there is an implied condition on the part of the seller that, in the case of a sale, he as a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass. This condition is called a ‘Condition as to title’. If the seller has no right to sell the goods and the buyer has to return them to the owner, the buyer can recover the price from the seller, because the consideration has failed. In Dickenson Vs Naul case it was observed that if the buyer having bought the goods from a seller took the delivery of the same but was compelled to pay the price to the true owner, he was not bound to pay the price to his seller, who sold the goods without having a right to sell the same.If the title turns to be defective, the seller shall be held responsible. The buyer is entitled to repudiate the contract and to claim the price to be returned to him. Regarding sale by description: Section 15 of the Act provides, â€Å"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; and, 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. † . To apply this section it is necessary that- 1)There should be a sale by description and 2)The goods should correspond with the description.Though the word â€Å"description† has not been defined in the Act, we can simply understood that description means a particular kinds or variety of goods. A sale by description contained variety of situations. Lord Wright, said in Grant Vs Australian Knitting Mills ; â€Å"It may also be pointed out that there is a sale by description even though the buyer is buying something displayed before him on the counter: a thing is sold by description, though it is specific, so long as it is sold not merely as the specific thing, but as thing corresponding to a description. † A sale by description also includes the statement which is necessary to establish the identity of goods. In relations to section 16 of the Act, regarding Condition as to Quality or Fitness.This section is based on the principle that is the duty of the buyer to satisfy himself that the goods to be bargained are fit to his purpose rather it is saleable, or if, the buyer purchases the goods for specific purpose it is his duty to ensure before the purchase that the goods in sale are suitable for the particular purpose, including the quality or fitness for the particular purpose. To fit within Section 16(1) of the Act, the following conditions are to be satisfied: -if the buyer had made known to the seller the purpose of his purchase, and -the buyer relied on the seller’s skill and judgement, and -seller’s business to supply goods of that description Giving an illustration: A’ purchased a hot water bottle from a chemist. The bottle burst and injured his wife.Held, breach of condition as to fitness was committed and thus chemist was liable for refund of price and the damages. Condition As To Merchantability: This condition is implied only where the sale is by description and the goods should be of ‘merchantable quality’ i. e. the goods must be such as are reasonably saleable under the description by which they are known in the market. Section 16(3) of the Act which provides that â€Å"An implied warran ty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade†. It is very clear that in commercial transactions in respect of particular trade usage and custom there would be an implied warranty or condition as to quality or fitness.Thus, custom and usage is admissible to annex incidents to written contracts, in matters with respect ot which they are silent. In such matters the parties make reference to there known usages. In Jones Vs Bowden , where it was usual in the sale by auction of drugs, if they were sea-damaged, to express that in the seller’s catalogue. The seller in this case exhibited samples of the quality, but did not disclose that they were sea-damaged. It was held that this was equivalent to saying that they were not sea-damaged. Thus, this exception is contained in the illustrated case, but, custom and usage which affect the parties, should not be unreasonable.The custom should not be inconsistent with the expres s terms of the contract. Thus, while dealing with the implied conditions under section 16(2) and Section 16(3) of the Act, the quality or fitness of goods for a particular purpose is determined by the usage of trade and annexed to the contract of sale. Section 16(4) of the Act provides that, â€Å"An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith†. It is at he option of the parties to include any express warranties or conditions during contract of sale, however, such warranties or conditions should not be contrary to any warranties or conditions implied by the Act.The express terms of contract would not be inconsistent with the implied conditions. Thus, the goods passed by inspection of East India Company, did not exclude merchantableness. Condition as to Wholesomeness: The Sale of goods Act has provided no separate section with respect to the matter of wholesomeness. In the case of eatables and provis ions, in addition to the implied condition as to merchantability, there is another implied condition that the goods shall be wholesome. In other words, the goods must be free from any defect which make them unfit for human consumption. In Frost Vs Aylesbury Dairy & Co. Ltd. , case milk was supplied by a milk dealer and A went to him and bought milk for family use.The milk dealer assured that the milk was free from the germs of disease. But the milk contained germs of typhoid and buyer’s wife died. The milk as not being fit for use, the milk dealer was held liable for damages. Sale by sample(Section 17): In a contract of sale by sample, there is an implied condition that- a)The bulk shall correspond with the sample in quality; b)The buyer shall have a reasonable opportunity of comparing the bulk with the sample, and c)The goods shall be free from any defect rendering them un-merchantable, which would not be apparent on reasonable examination of the sample. Example: A company s old certain shoes made of special sole by sample for the French Army.The shoes were found to contain paper not discoverable by ordinary inspection. Held, the buyer was entitled to the refund of the price plus damages. Sale by sample as well as by description: Where the goods are sold by sample as well as by description the implied condition is that the bulk of the goods supplied must correspond both with the sample and the description. In case the goods correspond with the sample but don’t tally with the description or vice versa, the buyer can repudiate the contract. Giving an illustration: A agreed with B to sell certain oil described as refined rape seed oil, warranted only equal to sample. The goods tendered were equal to sample, but contained a mixture of hemp oil.B can reject the goods. Implied Warranties: A condition may reach to the level of a warranty in cases where buyer is content with his right of damages or cannot reject the goods. The examination of Section 14 a nd 16 of the Sale of Goods Act, 1930 disclosed the following implied warranties: Warranty as to undisturbed possession[Section 14(b)]: An implied warranty that the buyer shall have and enjoy quiet possession of the goods. That is to say, if the buyer having got possession of the goods, is later on disturbed in his possession, he is entitled to sue the seller for the breach of the warranty. In Mason Vs Burmingham , A purchased a second hand typewriter from B.B spent money to repair it to bring it in order. As the typewriter was a stolen one. A was compelled to return the same to its true owner. It was held that B had made a breach of warranty implied in a contract of sale of goods that the buyer should have and enjoy quiet possession of the goods. A was entitled to recover the sum given to B and also the repair charges from B. Warranty of freedom from Encumbrances[section 14(c)]: An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third pa rty not declared or known to the buyer before or at the time the contract is entered into. In Niblett Vs Confectioner’s Materials Co. on a sale of 3000 tins of preserved milk labelled ‘Nissly brand’, the customs authorities destroyed the labels on the ground of an infringement of a trade mark and handed the tins without labels. It was held that the buyer could either reject the goods or claim damages on the basis of the reduced sale value. Disclosure of dangerous nature of goods: There is an implied warranty on the part of the seller in case of the goods, inherently dangerous or they are likely to be dangerous to the buyer and the buyer is ignorant of the danger, the seller must warn the buyer of the probable danger. If there is breach of this warranty, the seller will be liable in damages.In Clarke Vs Army and Navy Co-operative Society ,C purchases a tin of disinfectant powder from A. A knows that the lid of the tin is defective and if opened without care it may be dangerous, but tells nothing to C. As C opens the tin causes injury. A is liable in damages to C as he should warned C of the probable danger. Warranty as to quality or fitness by usage of trade: As per section 16(3) of the Act, an implied warranty as to quality or fitness for a particular purpose may be annexed by the usage of trade. In Jones Vs Bowden a warranty against sea water damage was recognized on the score of trade usage. Giving an illustrations: A drugs was sold by an auction and according to the usage of trade.It was to disclose in advance any sea-damage, otherwise it will be taken as a breach of warranty if no such disclosure has been made and the goods found to be defective. EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES: In accordance to section 16(4) of the Act, â€Å"An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith. † That means that when the parties expressly agree to such stipul ation and the same are inconsistent with the implied conditions and warranties, the express conditions or warranties will prevail and the implied ones, mentioned in Sections 14 to 17 would be negative. An express warranty is generally obtained for extra protection of the buyer and not to limit the liability of the seller.In Baldry Vs Marshall, it was observed that in the case of the sale of a car and where the condition was that it must be reasonably fit as a touring car to such stipulation may added the condition as to its fitness for a particular purpose or as to it merchantable quality. An action may be founded in such cases on the covenant without need to rely on the implied warranty or condition. CONCLUSION: Condition and Warranties forms a significant part in the Sale of goods Act 1930, which mainly dealt from section 11 to section 17 of the Act. Every contract of sale contains a number of representations or terms or stipulations or statements regarding nature, price and quali ty of goods. The sale of Goods Act deals with two types of stipulations relating to contract of sale namely stipulations as to(Section 11) and stipulations as to goods(section 12-17).A condition is a major term which is vital to the main purpose of the contract, whereas, warranty is a less important term that it does not go to the root of the contract. Both conditions and warranties has express and implied conditions/warranties. BIBLIOGRAPHY 1. Agrawal, R. K. Legal Dictionary, Pioneer Printers, Agra, 21st Revised & Enlarged Edition, 2010 2. Dr. Kapoor, S. K. Contract II, Central Law Agency, 13th Edition 2012 3. Dr. Tripathi, S. C. The Sale of Goods Act, Act No. III of 1930, Central Law Publications, Second Edition 2010 4. Myneni S. R. , Contract II(Special Contract), Asia Law House, 1st Edition 2010-2011 5. Conditions and Warranty â€Å"http://www. lawteacher. net/contract-law/essays/sales-condition-warranty. php†