Friday, December 27, 2019
Editing - Definition and Guidelines
Editing is a stage of the writing process in which a writer or editor strives to improve a draft by correcting errors and making words and sentences clearer, more precise, and as effective as possible. The process of editing involves adding, deleting, and rearranging words to cut the clutter and streamline overall structure. The Importance of Editing Whether youre working toward completing an assignment or hoping to get something published, tightening your writing and fixing mistakes can actually be a remarkably creative activity. Thoughtful revision of a work can lead to clarification of ideas, a reimagining of images, and sometimes, even a radical rethinking of the way youve approached your topic. The Two Types of Editing There are two types of editing: the ongoing edit and the draft edit. Most of us edit as we write and write as we edit, and its impossible to slice cleanly between the two. Youre writing, you change a word in a sentence, write three sentences more, then back up a clause to change that semicolon to a dash; or you edit a sentence and a new idea suddenly spins out from a word change, so you write a new paragraph where until that moment nothing else was needed. That is the ongoing edit... For the draft edit, you stop writing, gather a number of pages together, read them, make notes on what works and doesnt, then rewrite. It is only in the draft edit that you gain a sense of the whole and view your work as a detached professional. It is the draft edit that makes us uneasy, and that arguably matters most.ââ¬âFrom The Artful Edit: The Practice of Editing Yourself by Susan Bell Editing Checkpoints The final step for the writer is to go back and clean up the rough edges... Here are some checkpoints: Facts: Make sure that what youve written is what happened; Spelling: Check and recheck names, titles, words with unusual spellings, your most frequently misspelled words, and everything else. Use a spell check but keep training your eye; Numbers: Recheck the digits, especially phone numbers. Check other numbers, make sure all math is correct, give thought to whether numbers (crowd estimates, salaries, etc.) seem logical; Grammar: Subjects and verbs must agree, pronouns need correct antecedents, modifiers must not dangle (make your English teacher proud); Style: When it comes to repairing your story, leave the copy desk feeling like the washing machine repair guy who has nothing to do.ââ¬âFrom The Effective Editor by F. Davis Editing in Class A large portion of everyday editing instruction can take place in the first few minutes of class... Starting every class period with invitations to notice, combine, imitate, or celebrate is an easy way to make sure editing and writing are done every day. I want to communicate with my instruction that editing is shaping and creating writing as much as it is something that refines and polishes it... I want to step away from all the energy spent on separating editing from the writing process, shoved off at the end of it all or forgotten about altogether.ââ¬âFrom Everyday Editing by Jeff Anderson Tinkering: The Essence of Writing Well Rewriting is the essence of writing well: its where the game is won or lost... Most writers dont initially say what they want to say, or say it as well as they could. The newly hatched sentence almost always has something wrong with it. Its not clear. Its not logical. Its verbose. Its klunky. Its pretentious. Its boring. Its full of clutter. Its full of cliches. It lacks rhythm. It can be read in several different ways. It doesnt lead out of the previous sentence. It doesnt... The point is that clear writing is the result of a lot of tinkering.ââ¬âFrom On Writing Well by William Zinsser The Lighter Side of Editing I hate cross-outs. If Im writing and I accidentally begin a word with the wrong letter, I actually use a word that does begin with that letter so I dont have to cross out. Hence the famous closing, Dye-dye for now. A lot of my letters make no sense, but they are often very neat.ââ¬âFrom Theres Nothing in This Book That I Meant to Say by Paula Poundstone Sources Bell, Susan. The Artful Edit: On the Practice of Editing Yourself. W.W. Norton, 2007Davis, F. The Effective Editor. Poynter, 2000Anderson, Jeff. Everyday Editing. Stenhouse, 2007Zinsser, William. On Writing Well. Harper, 2006Poundstone, Paula. Theres Nothing in This Book That I Meant to Say. Three Rivers Press, 2006
Thursday, December 19, 2019
The State Of Charter Schools - 1127 Words
To understand the state of charter schools today, it is important to know how a charter school was envisioned to be. Tell explains that charter schools, by nature, should be more accurately described as ââ¬Å"contractâ⬠schools. These schools are contractually obligated to serve the interest of the general public by providing education opportunities using the funds provided from taxes. Traditionally, charter schools are defined as ââ¬Å"tuition-free, publicly funded, performance-based, non-sectarian, public schools of choice open to all.â⬠[1] These schools are considered autonomous because they are exempt from most, if not all, local and state rules and regulations regarding education. The reduction of applicable laws pertaining to these schools are supposed to liberate them from the supposedly strict regulations that bog down the education system that prevent teachers from what they were actually hired to do: to teach. Although novel in concept, this idea has been diffic ult to implement in reality. To better understand the state of charter schools today, it is important to understand its history. The first charter school law of the United States began in Minnesota in 1991 and has since then spread throughout the United States to 43 states, and Washington D.C. and Puerto Rico. These schools today compromise of approximately 6% of public schools, and enroll 2.5 million students annually.[2] Charter schools open annually throughout these states, but more interestingly, many close asShow MoreRelatedCharter Schools Of The United States2175 Words à |à 9 Pages Charter schools in the United States were created as a response to the perceived lack of educational achievement among American students. A community of critics consisting of educators, parents, politicians and entrepreneurs came together under the unified belief that current education policy was too restrictive and prohibited educational innovation. As a result, the education reform movement wa s born. According to the National Conference of State Legislators, ââ¬Å"Charter schools are publicly fundedRead MoreThe s Multi State Network Of Free Public Charter High Schools950 Words à |à 4 PagesRAPSA, and SIATech California. SIATech, Inc. s multi-state network of free public charter high schools is the foundation of our educational ecosystem, which employs 250 staff and serves 2,500 students at 22 sites. Our schools in California, Arkansas, and Florida re-enroll students from low socio-economic backgrounds who are highly at-risk of dropping out and those who have already given up and guide them to graduation. Our innovative schools provide students a renewed opportunity to earn a diplomaRead MoreEssay on Charter Schools987 Words à |à 4 Pagesdebate on school reform in the United States. The charter school model was an idea for educational reconstruction. These charter schools insured the continuing improvement of schooling (Budde, 1989). In 1991, Minnesota was the first state to pass legislation to create a charter school. In 1992, Minnesota opened the doors of the first charter school in the United States (ââ¬Å"Resources,â⬠2012). Since then, Charter schools have gained wide spread acceptance across the United States. Charter schools are independentRead More A Unique Approach: Education in Public and Charter Schools Essay960 Words à |à 4 PagesEducation in Public and Charter Schools School choice: two words that together spell out a multitude of educational options for students today. Among them are charter schools and public schools; public schools standing the test of time and charter schools being at the forefront of a revolution in educational change. Surprisingly, these two educational institutions have more in common than one might think, but maintain their differences. Key differences between charter and public schools include approachRead MoreImpact of Education Choice on Public Funds1294 Words à |à 6 PagesTopeka, 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. Though the U.S. Supreme Court declared school desegregation in the 1954 ruling on the famous ââ¬Å"Brown v. Board of Education case, the state of Mississippi did not allow racially or ethnically different students to mix together in schools until 1970, sixteen years after the 1954 Supreme Court ruling, accordingRead MoreCharter Schools Essay1610 Words à |à 7 PagesCharter Schools: The Future of Education? For decades the American education system provided parents with three choices: public, homeschool or private school. If they chose public then their child(ren) would be assigned to a school past on where they lived. However , ââ¬Å"in the early 1990s a handful of states created independent public charter schools, providing opportunities for teachers and others to develop innovative schooling options ââ¬Å" (Palmer, Louann 2007). Not only did the creation ofRead MoreWhy Charter Schools Are Important to Education Essay example1415 Words à |à 6 Pages Why Charter Schools Are Important to Education Charter schools are public schools, but can be a better option than traditional public schools for some students. By definition, a charter school is a publicly funded and privately run school under the charter of an educational authority. (2-4) A charter school is held to a different set of standards than most traditional public schools. This can often work towards their advantage because it allows them to try new and unique methods of educating childrenRead More Public Education Essay1454 Words à |à 6 PagesPublic education in the United States is perhaps one of the most critical issues we face as a nation. Once pronouncing the United States as a ââ¬Å"nation at riskâ⬠, the educational institution began to implement one reform strategy after another. In efforts to improve schooling for K-12 students, education reform has fiddled with class size, revised graduation requirements, and created standardized testing just to name a few. Unfortunately, traditional public schools ar e still failing to provide studentsRead MoreCharter Schools Have Open Admission Policies920 Words à |à 4 PagesCharter schools have been growing rapidly since the first school opened in Minnesota in 1992. Charter schools were first conceptualized by Ray Budde who happened to be a previous teacher and principal. That was in 1974 and by 1983 after the release of A Nation at Risk the concept caught on. Albert Shanker, then president of the American Federation of Teachers, talked of Charter schools in his speech in 1988 thus bringing it to a larger audience. By 1991 the concept caught fire bringing through theRead MoreTechnical Efficiency Of Charter School1734 Words à |à 7 Pageswhen output is maximized given fixed levels of input. For a school to achieve technical efficiency, the school would have to provide students the best education possible given the fixed levels of labor and capital. A start-up charter school, with no permanent facility, would have to maximize the test score s of their students with the space being used. Also, a charter school must increaseased. If a charter e output when input is incr school moves to a larger facility or hires more teachers, the level
Wednesday, December 11, 2019
Regret free essay sample
Regret. It is a feeling that can strike without warning. For instance, I once went to school without realizing it was my best friends birthday. I felt embarrassed that I had forgotten, but later, I was full of regret because I had not been mentally tied to my best friends birthday. Or in other words, my mind missed the opportunity to be in a celebratory mood, and thus, I was at a loss. So, I have learned forgetting tends to be a regretful thing. Now imagine forgetting about life in general. Forget the little things that encompass it and make it so genuine, inspiring, and miraculous. Forget about animals, trees, flowers, clouds, stars, soil, rain, and the rest of nature. Forget about your family and friends. Forget about your heritage. Forget about what makes you laugh and smile and what makes you warm and fuzzy inside. Now, what is left in the world? There is nothing left to sustain the soul. It is hard to think someone can forget about the blessings of life. After all, we see them around us every day. But people have a problem, not necessarily with recalling what is around them, but in remembering to incorporate lifes little miracles into their minds and bodies. What I get worried about is whether people are alive. For instance, at school I sometimes find it very difficult to be myself amidst the pressures coming from technology, my classes, and my peers. One time it felt like I became a machine on a mission to gobble up knowledge and spit out straight As. Then, it transcended to my home, where I became oblivious to my family. And at night, when I fell asleep, my mind did not dream, because on that day nothing memorable or exciting happened in my life. I look back at my life as of yet, and I see some gaps. I cannot recall memories of those periods, and even worse, memories of my family and friends, because I was mesmerized into some artificial persona. Now as my life at home approaches an end, the regret tends to manifest itself when I feel happy or when I am around the people I love. It is painful, but all I can do is learn from my regret. On the path of life we can get lost in the worlds superficiality without even realizing it. What is really meaningful and beautiful to us becomes skewed, which makes for a perverse perception of what is around us. The issue here is not in our inability to remember facts and data, but when we fail to avoid the tragedy of the mundane. It is human to forget, but if we are to remember anything, especially in this world so full of distraction and deceit, it is to use our gift of life to the fullest. For as Mary Oliver once wrote: I dont want to end up having simply visited this world.
Tuesday, December 3, 2019
Nelson Mandelas Inauguration Speech Analysis Essay Example
Nelson Mandelas Inauguration Speech Analysis Paper Inaugural Speech by Nelson Mandela Nelson Mandelas inauguration speech held major significance in many ways due mainly to the fact that before becoming the first black president of South Africa, he had spent decades fighting against apartheid and enduring 22 years of prison. This speech was presented in order to signify a new era and a new page in the history of South Africa. Every word and sentence was carefully chosen in order to serve a specific purpose and address different audiences both within South Africa and to the world. What is the purpose of Mandelas speech? The purpose of Mandelas speech was not simply to address the nation as their new president and give gratitude to those who put him there but instead to make a statement that South Africa was going to make immense changes and unify to show the world what the nation could truly do in order to become a land of hope, freedom, justice and equality for all. Throughout the speech, Mandela very carefully and specifically uses both ethos and pathos in order to draw out many different emotions and encourage the nation to feel unified and prepared to make the necessary changes to overcome and rectify the deeply rooted problems which South Africans faced for all too long. Mandela, being a well-known figure in South Africa long before becoming president, had a strong established credibility within the black community. We will write a custom essay sample on Nelson Mandelas Inauguration Speech Analysis specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Nelson Mandelas Inauguration Speech Analysis specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Nelson Mandelas Inauguration Speech Analysis specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Mandela was known for working and leading in the African National Congress (ANC) and enduring years in prison for his cause, therefore people had faith and respect for him and many looked at him almost as if he were family to them, thus gaining the nickname of grandfather to many. When addressing the nation, not only were people willing to listen intently, but they also truly believed he would follow through on his words and not make empty promises. His past actions helped prove him as a worthy candidate and instilled trust with in the black citizens of South Africa. It was important that Mandela also address the white citizens of South Africa carefully in order to unite them together instead of continuing the division. Outside of South Africa, many had also heard of his achievements and work and knowing so helped Mandela structure his speech to carefully address the needs of all audiences. Of all the audiences the speech was directed to, his fellow black South Africans were the first and foremost. Addressing the emotional needs of this group was highly important and Mandela spoke regarding what they needed to hear most: change for the better and unity. He brought up feelings of anger in remembering the past mistreatment because along with anger comes a strong motivation for change and a call to action. He spoke of specific and achievable goals, which brought forth a longing and eagerness of the community to achieve these goals. He spoke of obligation, both to themselves and to the world to make their nation just, strengthened and confident enough to sustain all hopes of a glorious life. All this we owe both to ourselves and to the people of the world who are so well represented here today. By saying this, Mandela made the people of South Africa feel an urgency and responsibility to act and prove themselves to the rest of the world and also made sure that citizens of the world who were watching South Africa would make sure they were held accountable to their word. He gave South Africans a sense of pride for putting up a fight and not giving up their dreams of change, for being able to put up with so much and still come out strong and optimistic for a brighter future instead of resentful and eager for revenge. The time for the healing of the wounds has come, the moment to bridge the chasms that divide us has come Mandela was also able to make an immediate call to action and a necessity to act as quickly as possible. One of the most important emotions that Mandela successfully created within the people through his speech though was the feeling of hope; hope for a better future, a unified nation, better opportunities for both themselves and future generations and hope that all the changes were absolutely possible as long as they joined together to work towards these goals. Another important audience Mandela was speaking to was the white South Africans. It was very important to address the needs of this particular group because they had been in power for decades and were feeling nervous anticipation about the immense changes in process. Mandela made sure to present his message very carefully in order to not bring up feelings of rebellion, resentment or retaliation. His goal was not to attack them and force them to pay for past actions, but instead to understand and join together in making changes for a better future for all citizens regardless of color. We shall build the society in which all South Africans, both black and white, will be able to walk tall, without any fear in their hearts, assured of their inalienable right to human dignity a rainbow nation at peace with itself and the world. He spoke carefully about the sufferings of the past so the whites could understand why change was so necessary. A feeling of guilt and shame in this group was important so they would be willing to make changes. There was also a sense of obligation within this audience to help prove to the world that they were willing to move forward and take a hand in helping to re-build South Africa. There was guilt in past actions, because regardless of the fact that Mandela did not point blame at anyone, the world had known about the problems and causes of the problems. The pain we all carried in our hearts as we saw our country tear itself apart in a terrible conflict. Hope and optimism were emotions that Mandela hoped the audience would feel as his speech came to a close. By speaking of unity, justice, peace and freedom, he wanted the white community to join together into a multi-cultural nation that would from now on work collaboratively towards common goals in the best interests of all. One of the other groups of people Mandela was addressing in his speech were the citizens of the world. There were messages he wanted to share and feelings he wanted to bring forward within this community as well. For years, the world watched as South Africa tore itself apart in conflict, violate human rights and refuse to make changes and steps towards a new direction. It was vital that Mandela show the world how ready they really were now to make these changes. The world was to be both an audience and a judge that South Africans would prove themselves to. By sharing the changes and goals that South Africa hoped to achieve, a sense of obligation and a necessity to show the world what they could do would emerge. He shared feelings of sadness with the world when speaking of the past and a willingness to help South Africa to achieve their goals because these goals were to be achieved not only as a nation but also as citizens of humanity and the world. We thank all our distinguished international guests for having come to. A common victory for justice, for peace, for human dignity. There was also a feeling of pride within this community when Mandela addressed the gratitude he felt towards the heroes and heroines for helping in the fight towards change. By bringing up this sense of pride, Mandela knew it would also bring a sense of obligation to continue doing the right thing and continue to help South Africa along on its road to peace. With a wealth of experience, knowledge and leadership, Mandela knew very clearly how important a speech like this would be to summon up the right emotions and states of mind for citizens in South Africa and the world. Every word, sentence and paragraph addressed different issues, brought up various emotions and helped to give a feeling of unity and a longing for change. By effectively combining his use of ethos and pathos, Mandela was able to address numerous audiences within one speech and send forth a common message to all.
Wednesday, November 27, 2019
Essential Characteristics of Contract of Sale Essay Example
Essential Characteristics of Contract of Sale Essay Generally ââ¬Å"a contract of sales of goods is a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called price.â⬠Section 2(1) Sale of Goods Act 1893 United Kingdom. Thus contract for sale includes both present sale of goods and a contract to sell the goods at a future time and a sale consists in the passing of title from the seller to the buyer for a price. The essential characteristics of a contract for the sale of goods are: 1.1 Goods: Section 2(4) defines the contract of sale as ââ¬Å"Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contact is called a sale.â⬠Hence the existence of goods is a prerequisite for a contract to be termed as a contract of sale. Under section 5 (1) ââ¬Å"the goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by him after the making of the contract of sale, in this Act called future goodsâ⬠. Therefore the contract of sale included all existing and future goods. We will write a custom essay sample on Essential Characteristics of Contract of Sale specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Essential Characteristics of Contract of Sale specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Essential Characteristics of Contract of Sale specifically for you FOR ONLY $16.38 $13.9/page Hire Writer 1.2 Transfer of Property: Section 2 of the Sale of Goods Act 1979 contains the essential elements forming part of a contract of sale. According to subsection (1) of Section 2 the foremost essential element for any contract to be regarded as ââ¬Ësaleââ¬â¢ is the transfer of property in goods to the buyer for an agreed consideration. The agreement to transfer the property will also be regarded as sale. There are many implied and express terms under which the property transfers from the seller to the buyer. 1.3 Price: The transfer of property in the goods take place for an agreed consideration called ââ¬Ëpriceââ¬â¢ Price is another important characteristic feature of a sale of contract. The term ââ¬Ëpriceââ¬â¢ is described under Section 8 (1) of the Sale of Goods Act 1979. According to this section ââ¬Å"The price in a contract of sale may be fixed by the contract, or may be left to be fixed in a manner agreed by the contract, or may be determined by the course of dealing between the partiesâ⬠Contact of Sale and 2.0 Distinction between the Contract of Sale and Other Commercial Contracts: As against a contract of sale the commercial contract contains the following elements: ââ¬Å"intention the parties must intend and communicate their intention to enter into contract under the law; offer and acceptance there must be an offer and an unqualified acceptance; consideration money or moneys worth must be exchanged for goods or services provided; capacity to contract the parties must have capacity to enter into the contract; consent this must not have been obtained by means of fraud, deceit, duress or misrepresentation, whether deliberate or unintentional; legality the contract must not be for an immoral or illegal purpose, and performance the obligations under the contract must be capable of performance by the parties.â⬠[1] While for a commercial contract the above conditions are essential to make the contract valid the contract for the sale of goods implies the existence of certain conditions which are peculiar to the contract of sale of goods only. The implied conditions relate to various aspects like description, quality and conformity to the quality of the samples. The implied condition also ensures that the buyer will have a quite possession and enjoyment of the goods sold under the contract. The contact of sale also assumes that the seller has the right to sell the goods, whereas the contractual capacity is external to the contract in the case of other commercial contracts. 3.0 Implied Terms of Contract for the Sale of Goods: The following are the implied terms of the contract of sale of goods under the Sale of Goods Act 1979 include: ââ¬Å"the seller has the right to sell the goods; the goods are free from any security interest; the buyer will have quiet enjoyment of the goods; where the goods sold by description, the goods will conform with the description; where the goods sold by sample, the goods will conform with the sample; the goods are of satisfactory quality unlessà defects are brought to the notice of the buyer prior to the contract or a reasonable inspection would reveal the defect; the goods are reasonably fit for the purpose stated by the intended buyer or implied by the buyers statements and conduct;â⬠[2] The essential implied term in a contract of sale is the capacity of the parties to the contact to buy and sell the goods. Section 3 (1) of the Sale of Goods Act says ââ¬Å"Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property.â⬠Further under section 12 the implied terms applicable to a contract of sale are described in detail. Section 12 (1) stipulates that there is an implied term about the sellersââ¬â¢ right to sell the goods. This section further adds that in the case of an agreement to sell the contract implies that the seller will acquire the right when the property in the goods is to pass. As regards to the quite enjoyment of the goods subsection (5) of section 12 lays down the provisions. According to this section: ââ¬Å"In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyers quiet possession of the goods, namelyââ¬â (a)à à à à à The seller; (b)à à à à à In a case where the parties to the contract intend that the seller should transfer only third person may have, that person; (c)à à à à à Anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is madeâ⬠Section 13 deals with the implied term about the sale of goods by description and sale by sample. In both the cases of sale there is an implied condition that the bulk shall correspond to the description and the sample. Similarly section 14 implies that the goods shall possess a satisfactory quality. Section 14 (2B) specifies ââ¬Å"For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goodsââ¬â (a)à à à à à Fitness for all the purposes for which goods of the kind in question are commonly supplied, (b)à à à à à Appearance and finish, (c)à à à à à Freedom from minor defects, (d)à à à à à Safety, and (e)à à à à à Durability.â⬠4.0 Purchase of Laptop by Janet: The purchase of a laptop on the basis of the description as it is new is a case falling under sale of goods with an implied condition under section 14 of the Sale of Goods Act 1979. ââ¬Å"Terms of satisfactory quality, fitness for purpose and correspondence with description are implied by implied by statute into contracts for the sale of goods (Sale of Goods Act 1979 ss.13, 14(2), 14(3))â⬠(Robert Bradgate)[3] As noted earlier, all contracts for the supply of goods include implied terms that the goods supplied should (a) where sold by description, correspond with that description (Sale of Goods Act 1979 s.13); (b) be of satisfactory quality (Sale of Goods Act 1979 s.14(2)); and (c) where the buyer makes known the purpose for which the goods are required, be reasonably fit for that purpose (Sale of Goods Act 1979 s.14 (3)). The terms are implied into all contracts for the supply of goods, and apply to all goods supplied in purported performance of the contract. In Beale v Taylor (1967) it was shown that the plaintiff had relied on the description of the car he purchased as being a 1961 Triumph Herald and when it turned out to have been two different years welded together he was entitled to reject the car and claim his money back. The firs thing one must see is that whether the laptop forms part of ââ¬Ëgoodsââ¬â¢ under the Sale of Goods Act. It is an established fact that the computer hardware should be regarded as goods. In the case of Amstrad plc v Seagate Technology Inc[4] it has been held that the computer hardware is classified as goods and it is further submitted that the supplier will still be liable under the contract even if the defect is due to the computer has failed due to an error in the real time clock or due to the failure of the ââ¬Ëembeddedââ¬â¢ software. The second aspect to be considered is the description on which the customer depended. The legal requirement under the implied conditions is that the goods must correspond with description applies where the contract of sale is effected by description. In the case of Ashington Piggeries Ltd v Christopher Hill Ltd [5] it has been held that in this context description is limited to those words which identify essential commercial attributes of the item sold. For the purpose of deciding on ââ¬Ëdescriptionââ¬â¢ as applied to the implied condition the courts will consider whether the descriptive words form part of the description and such description has influenced the customer to rely on them and purchase the goods in question (Harlingdon Leinster v Christopher Hull Fine Art Ltd[6]) Normally under sale of goods by description, a statement with regard to the description will be regarded as a term of the contract and the seller is bound by such term. When the goods do not correspond to the description the seller would become liable even if he is unaware of the non-compliance of such goods to the description. This is so if the seller has prescribed the description in the promotional literature or in any other form. In the instant case Janet purchased the laptop on the basis of an advertisement which claimed that the computer is new and a model of that year which description later proved to be false. Hence the laptop sold by description has not corresponded to the description. In view of the legal positions discussed above the seller is liable to compensate Janet. Since there is a clear breach of the implied term of the sale Janet is entitled to claim damages and since the breach is material she can reject the laptop supplied under the sale of contract and repudiate the contract itself. ââ¬Å"These provisions apply where the buyer is a consumer. Within six months beginning at the time at which the goods were delivered, the buyer can require the seller to repair the goods, reduce the price, or rescind (cancel and return property and money) the [[contract] where buyer claims that the goods were not in accordance with the contract at the time of delivery.â⬠[7] 5.0 Purchase of Carpet Cleaner Set by Janet: The sale of the carpet cleaner under the television ad falls under the sale of goods by description which falls under section 14 (2B). Under this section the quality of the goods shall cover all the following aspects of the business: Fitness for the purpose for which the goods are commonly supplied Appearance and finish Freedom from minor defects Safety and Durability. ââ¬Å"There is no case law on this definition of quality under the legislation. This definition of satisfactory quality was introduced by the Sale and Supply of Goods Act 1994. Prior to this the definition was merchantable quality and all relevant case law is with regard to the old definition of quality.â⬠[8] However with the change of time there are increased quality expectations from the consumers and that is the reason the 1994 Act dealt with ââ¬Å"reform of the domestic quality term it is intended to reflect that consumers require more than mere functionality from the goods they buy.â⬠This is the precise reason that section 14(2B) Sale of Goods Act has set the above list of factors which are, in appropriate casesâ⬠, aspects of the quality of goods. Thus s14 (2B) spells out the consumers expectations and insofar as it refers only to the public statements of the seller and producer it might be read as suggesting that the consumer has no general minimum quality expectations but the following conditions also apply: The sellerââ¬â¢s and the manufacturerââ¬â¢s public statement about the goods The seller is liable for the public promotional claims The implied condition under section 14 (2B) in essence implies ââ¬Å"The goods show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.i[9] In accordance with the legal position discussed above Janet would be entitled to claim damages form the supplier of carpet cleaner. She can claim the remedies as outlined in S 48B Sale and supply of Goods to Consumer Regulations 2002
Sunday, November 24, 2019
Word Choice Defuse vs. Diffuse - Proofread My Papers Academic Blog
Word Choice Defuse vs. Diffuse - Proofread My Papers Academic Blog Word Choice: Defuse vs. Diffuse Even if you have a good level of English, its still easy to use the wrong word by mistake. The most likely culprits are words which sound or look quite similar, which make it crucial to check your work thoroughly before submitting. Today, we explain the difference between the words diffuse and defuse. Defuse (Disarm or Reduce Tension) The literal meaning of defuse is to remove the fuse from something to disarm it, usually a bomb: After receiving a call about a suspicious package, the police moved in to defuse the device. We also use defuse metaphorically to describe reducing tension or anger to calm something or someone down: Dan was getting really angry, but Jane defused the situation. In this sense, we always speak about defusing a situation, never a person. Diffuse (Spread Out) Diffuse is most commonly used to mean spread out or scatter. This can be either as a verb, describing the action of scattering something: The photographer used a special filter to diffuse the light. Or it can be used as an adjective to describe something that has been scattered. Light can be diffused with a filter, for instance: Diffuse light is often used in portrait photography, since it produces fewer shadows. However, diffuse has a similar but more specific meaning in science, where it relates to the process of diffusion: As the dye diffused through the solution, the movement of the particles became clear. It is also possible to use diffuse in relation to speech or writing, where it means lengthy or wordy and often has a negative connotation of being boring: The CEOs speech at the awards ceremony was particularly diffuse. Several people fell asleep. Defuse or Diffuse? As you can see, these terms have very different meanings, so you should try to avoid confusing them in your written work. Thankfully, once you know their definitions, the differences make it easy to tell these words apart. Remember: Defuse = Disarm a bomb/ease a tense situation Diffuse = Spread out/overly long and wordy
Thursday, November 21, 2019
Policy, politics and public management-A look at the impacts of Essay
Policy, politics and public management-A look at the impacts of judiciary on real estate - Essay Example In the current analysis, residential and open space property in New Jersey classes are grouped together as residential, and commercial, industrial and personal property classes are grouped together as commercial. Statewide, residential new growth accounted for 53 percent of new growth; commercial accounted for 47 percent. These ratios were fairly consistent over the three years. An annual update policy is not appropriate or even possible, in every community. For example, a city or large town with a full-time assessing staff is clearly better equipped and more able to keep assessments up-to-date than a smaller community with a part-time assessment presence. The many technological advances in the tools available to assessors, however, make an annual update policy more attainable in many communities. A number of cities and towns have invested in geographic information systems (GIS) that can quickly bring complex real estate market trends into sharp focus. Powerful PC database and analys is tools have significantly reduced the effort required to perform assessment ratio studies and other analyses necessary to evaluate assessment levels and determine appropriate trending factors. Does a governmental agency's denial of a development permit constitute a "taking" of real property The Supreme Judicial Court recently answered this question in the negative and rejected a propert
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