As Nature Made Him: Nature vs. Nurture Essay

The argument over nature vs. nurture has continued to torture society by presenting cases in which we simply don’t know which rules to apply. One of these cases is sex change. Sex change is a very big step to take in a person’s life and it involves the careful consideration of many factors; but it is not a simple answer to a complex problem such as hermaphroditism or even blotched circumcisions. These choices can be difficult because we don’t quite understand which factors to consider given that we haven’t determined whether it is nature or nurture that determines a child’s sexual identity. Until we solve this riddle, people shouldn’t try to change a child’s sex before the child can decipher his or her own sexual identity. Nature will solve the problem without human interference. Over the years, sex change in infants with ambiguous or deformed genitals has become more and more popular. Often times, however, the child is unhappy with his/her sexual assignment. Colapinto writes, â€Å"†¦Dr. Harry Benjamin himself, who had recently reported that in forty-seven out of eighty-seen of his patients, he ‘could find no evidence that childhood conditioning’ was involved in their conviction that they were living in the wrong sex† (Colapinto 45). This suggests that nature rather than nurture is the underlying factor of sexual identity. Dr. John Money, a doctor at John Hopkins Hospital, was the head doctor of the world famous John/Joan â€Å"twin case. † His theories at the time seemed to be very intelligently thought out at the time, but have now been proven otherwise, explaining why his conduction of the â€Å"twin case† was unsuccessful. John Colapinto explains that Dr. Money realized in his research on hermaphroditical children, â€Å"the ones that were raised as girls were happy girls, and the ones raised as boys were happy boys†¦ It seemed to suggest to him that hermaphrodites were born malleable in their sex† (Youtube). However, Money was too quick to generalize this observation to everyone, rather than only. Although the gravely unsuccessful twin case was and is brought up a lot in the debate concerning nature vs. nurture, there are still scientists who believe that it is nurture rather than nature that determines sexual identity. These scientists still have hope that there may be an answer to the mystery of sexual identity. Jonis Portfolio says on gender, â€Å"It is an intricate balance between hormones, brain function, attitudes, behaviors, and social expectations† (Jonis Portfolio). Colapinto as well as the authors of Jonis Portfolio mention how â€Å"vehemently was â€Å"she† determined to live in the sex of her genes and chromosomes† (Colapinto 72). Children who are born normally, but have been sexually reassigned, usually present behaviors that resemble the sex written in their genetic code. The few exceptions remain outliers. Once scientists started to poke holes in Dr. Money’s theories, they realized how unreasonable it was to try to sexually reassign a children who were already destined by nature to be a certain gender. Jonis says, â€Å"Gender identification is a complex issue† (Jonis Portfolio). Scientists try too hard to try to find a solution to this problem that they are too quick to draw conclusions and make decisions. Colapinto writes that the â€Å"New York Times book review on Man vs. Woman Boy vs. Girl said the book’s argument was ‘If you tell a boy he is a girl, and raise him as one, he will want to do feminine things’† (Colapinto 70). Man vs. Woman Boy vs. Girl is a book written by Dr. Money. Money drew so many false conclusions in his work that his theories were unreliable. However, he was such a respected figure in the science world that even his most outlandish views were supported by many. This is how his theories came to be so widely accepted. We know now, however, that he was pretty far off the mark in his line of research. We know now that gender assignment should be left to nature, rather than nurture, especially was no problem with the natural gender to begin with. Too often, children have been burdened with the task of finding themselves, i. e. discovering their sexual identity. If doctors and scientists continue to complicate children’s lives by attempting to change who these children were destined to be, they will definitely start to lose themselves. This is ultimately what happened in the John/Joan case where David Reimer, which was John/Joan’s real name, when he took his own life. Nurture may be a factor in sexual identity, but research suggests that nature is an even stronger factor. Scientists and doctors shouldn’t interfere with nature because all in all, this single factor will shine through the cracks. Bibliography Colapinto, John. As Nature Made Him: The Boy Who Was Raised as a Girl. New York: HarperCollins, 2000. Print. As Nature Made Him by John Colapinto was published in 2000 to give readers a full understanding of the John/Joan twin case in which a biologically born male was sexually reassigned a girl due to a blotched circumcision. Colapinto describes in great detail all aspects of the case and how horribly wrong it went. He does elaborate research and uses interviews from direct sources in order to explain the case coherently for readers. This book is the main source for this essay as it describes so vehemently the case from all angles. It argues mainly how nature over nurture is the main factor in determining sexual identity. â€Å"Jonisportfolio – Sexual Reassignment and Gender Roles Nature VS Nurture. † Jonisportfolio – Sexual Reassignment and Gender Roles Nature VS Nurture. N. p. , n.d. Web. 01 Oct. 2013. . This portfolio was published online by Jonis Portfolio to recognize and argue the issue of nature vs. nurture and its concern with sexual identity. It describes many cases where biologically born males who were raised as females so vehemently were determined to be males. It describes nature as a leading factor over nurture for determining sexual identity. It’s helpful to this essay because it presents some major arguments concerning the matter of nature vs. nurture. It even describes the John/Joan case and what happened there. YouTube. Prod. Allan Gregg. Perf. Allan Gregg and John Colapinto. YouTube. YouTube, 04 June 2012. Web. 01 Oct. 2013. . This video is an interview with John Colapinto done by Allan Gregg. Colapinto is the writer of As Nature Made Him and in this interview he is describing to viewers the twin case, or the John/Joan case. David Reimer, John/Joan himself, couldn’t do the interview because unfortunately he took his own life in 2002. This source is helpful because it is a short recap of the book and viewers may understand it better than they would while reading about it.

Learning To Play Piano Essay

I have always been interested in art since I was young so it did not take me too much time to decide the general area for my project. Drawing, singing or dancing have been growing with me since I was little. However, to make this project more challenging and interesting, I will try to do something I have never done before. At the end, I come up with the idea why don’t I try to learn how to play piano. Piano is a pretty popular instrument that lots of people play so I think that this is a good chance for me to start learning something new. I choose to go with this project because I have strong connection with art so somehow this will help me. Learning how to play piano is not as easy as it seems. To become successful, there are so many steps and challenges you may obstruct with. Briefly, my project will include four parts. First, I need to learn how to put my hand position correctly on the keyboard. Second, I will learn how to read the note precisely and where does it go. Third , I will start playing short music sheets to get used to moving my fingers around. And finally, the most challenging part, I will learn to play a long music sheet smoothly. Since I have been singing when I was young, I think that this will help me with reading the notes faster and understand how the melody goes throughout the music. At the end, I hope that I will not make any mistakes in playing wrong notes and everything will be fluent. However, nothing will be successful without effort. It will take a lot of time to finish this so I need to plan everything ahead and start early. As you can see, to be a good pianist, it takes people from years to years to actually play beautifully. Another obstacle is being patient. I am not a very kind of patient person so I think it will be hard for me to read all the notes slowly, also practice and practice again every day. The last problem I think that not so many people struggle with is that my fingers are really small so it is hard for me to surf on the keyboard and they are also easy to get tired. Despite all these disadvantages, I will still try my best to work on it. There are many learning goals I hope that I can achieve after finishing the project. Hopefully, I will find my interest in piano and keep playing for a long time so I can play some famous classical sheets. To achieve this, I cannot just go straight to the piano and start playing it. First of all, I need to do some research about how to play the piano such as looking up some videos people playing it. Then, I have to spend a little  time from every day to practice so by the time of presentation, I can play it beautifully. Besides the learning part, I will also look for some information about how piano has grown up throughout our lives and how it affects so many people in the world. I will also talk about some famous pianists. Since I cannot handle all of these by myself so I think that I really need someone’s help. With no doubt, my best friend, Tony, I think he will be the perfect teacher for me because he has been playing piano for about ten years. Ten years is long enough for me to believe that he will be a very good â€Å"expert†. He will help me a lot in finishing this project. In the first week, I will learn how to read the notes. Then, he will fix my hand position so that I can play the keyboard easier and more correct. He will also help me keeping the melody and beats in track and make sure that everything is going right. At the end, to make this project more special and interesting, we are going to play a song together on the piano. With all the problems we have gone through, I hope that the audience will be interested in my project. For the budget section, luckily, I have most of things are available for me. I can go the PA building because there are free pianos there for me to practice. I just need to set up my schedule to spend time going there. I may need to go to the library to borrow some books to look up some information about â€Å"how to play piano† and its history. To consider my project as â€Å"significant† I think that at least I need to achieve all the goals I have above and especially make the audience feel interested and excited after the presentation, make them actually want to learn how to play it, too. Since art is a very common area that lots of people will do so I think it is necessary that I need to make it special and unique. Although this project may not be meaningful for my long term carrier because my major is not about art, but it gives me another hobby so that I can have fun with, add beauty and entertain to my life. Playing the piano is also an excellent way to strengthen eye-hand coordination and fine motor skills, and people who take piano lessons learn a lot about discipline, dedication and the rewards of hard work. To demonstrate to the review panel that I met my learning goals, I will record everything that I did from the beginning to the end so that they can see how I have improved and what did I really achieve. Since my project takes a lot of time to finish, I need to start it early. I will spend at least an hour most of everyday to practice. First, I  need to spend hours to do the research about history of piano and how it continues throughout these years. Then, I also need to look up for the music sheets that I am going to play. As I plan, I will need to learn how to read short music sheet first, then Tony will help me with the hand position and start playing around with random notes. It might take one or two days for me to get used to it. After that, I will start with playing single notes with each hand. This may take up two or three days. Finally, I will learn how to play both hands together. I think this part is the most difficult and will take a lot of time so I will spend for the whole week to play two short easy music sheets for beginners. Then, after getting used to with everything, I will start learn how to play a longer and faster music sheet to show how much work I have put into this. I will meet up my â€Å"expert† maybe twice or three times a week so he can help me checkup things and if there is any problem, I can ask him to spend time together a lot to practice, understand each other so that we can both finish the song fluently. Since his and my study schedule at school is different so it is hard for us to find free time to study together. Therefore, I think that it will take even much longer time for us to finish studying the sheet, at least for two or three weeks. In conclusion, to make this project successful and significant, I have to spend lots of effort, courage, and time. Planning ahead is a very important thing to do so that the presentation will be finished on time. Hopefully, my project can make the audience find their interest and know more about piano. Also, for me, this project will be something meaningful and special for my life goals.

Exam Marketing Essay

Please put your name and student number (both, in digits and by filling the boxes) on your answer sheet. After finishing the exam you will hand in your answer sheet. Fill in the correct version code at the bottom right of the answer form by filling the correct box. Version 1 Warning against fraud: In the case of fraud the maximum punishment is exclusion from all examinations for one year. Your mobile phone should be switched off and should be put in your bag. Your bag should be closed and placed on the floor to the left of your desk. During the examination you are not allowed to go to the toilet unless the co- rdinating invigilator gives you permission to do so. Tools allowed: pencils, eraser, English-native language dictionary. (no books or notes. ) Specific information on this examination: This exam consists of 60 Multiple Choice Questions with 4 alternatives each. Choose the one alternative that best completes the statement or answers the question, and mark your answers on the answer form by filling the boxes. A computer will read your answers. The result of this examination will be published within 18 working days after the date of this examination. Reviewing the examination: Specific information on procedure and planning will be posted on Blackboard. Good luck with the exam! MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Car rental firms, hair dressers, and management consultants provide goods B) experiences C) events D) services 2) Julia is worried about the rising pollution levels in her city. She doesn’t mind paying extra for goods and services that use sustainable processes to help control A) declining demand B) nonexistent demand C) latent demand D) negative demand 3) Marketers must see themselves as benefit providers. For example, when a shopper purchases new shoes, he/she expects the shoes to cover his/her feet and allow him/ her to walk unobstructed. This is an example of what level in the consumer-value hierarchy? A) pure tangible good B) basic product C) augmented product D) potential product 4) Which aspect of holistic marketing motivates employees and ensures that everyone in the organization embraces appropriate marketing principles, especially senior management? A) relationship marketing B) integrated marketing C) internal marketing D) performance marketing 5) The number of different persons or households exposed to a particular media chedule at least once during a specified time period is known as A) range B) impact C) reach D) frequency 6) A company that seeks to increase its sales and profits through backward, forward, or horizontal integration within the industry is said to be employing a(n) strategy. A) diversification growth B) intensive growth C) integrative growth D) conglomerate growth 7) The is the last section of the marketing plan and spells out the goals and budget for each month or quarter, so management can review each period’s results and take action as needed. A) situation analysis B) marketing strategy C) financial projections D) implementation and controls 2 8) The internal records system supplies results data, but the marketing intelligence system supplies A) internal B) revenue C) thematic D) happenings data. ocial institutions†schools, churches, businesses, and governments; they are very difficult to change. A) Transient B) Secondary C) core D) Variable 10) A company can take several steps to improve the quality of its marketing intelligence. If the company purchases competitive products for study, attends open houses and trade shows, and reads competitors’ published reports and stockholder information, the company is using ntelligence. A) sales-force surrogates B) intermediaries C) external networks D) advisory panels to improve the quality of its marketing 1 1) If the goal of marketing research is to shed light on the real nature of a problem and to suggest possible solutions or new ideas, the research is said to be descriptive B) quantitative C) secondary D) exploratory approach uses concepts and tools from anthropology and other social science disciplines to provide deep cultural understanding of how people live and work. A) Cognitive research B) Archaeological research C) Ethnographic research D) Deductive research llow respondents to answer in their own words and often reveal more about how people think. A) Open-end questions B) Dichotomous questions C) Likert scale questions D) Multiple choice questions 14) The bundle of costs customers expect to incur in evaluating, obtaining, using, and disposing of the given market offering is called the A) activity-based cost B) customer profitability analysis C) total customer cost D) product life-cycle cost 3 15) Field Grocery wants to learn the strengths and weaknesses in customer service at all the Field Grocery stores. Which of the following methods can it use for this? A) roup buyers C) mystery shoppers D) buying agents 16) The aim of customer relationship management is to produce high customer . A) integrity B) loyalty C) innovation D) liability 17) If a marketer decides to segment a market based on neighborhoods, the marketer will have chosen the A) demographic B) psychographic C) geographic D) cultural method of segmentation. 18) If a marketing manager employs such marketing techniques as online buzz, student ambassadors, cool events, and street teams to reach target markets, the manager is most likely appealing to the A) Generation X B) Generation Y C) Silent generation D) Baby boomers market. 19) General Motors, a leading American multinational automaker, sells cars for every purpose, purse, and personality. This is an example of A) undifferentiated B) differentiated C) concentrated D) niche 20) According to the VALS segmentation system, marketing. are considered to be trendy and funloving people who are resource-constrained. They favor stylish products that emulate the purchases of those with greater material wealth. A) strivers B) survivors C) experiencers D) makers 21) Brand B) equity C) preference D) identity is the added value endowed to products and services. A) loyalty 22) According to the brand asset valuator model, which of the components of brand equity measures how aware and familiar consumers are with the brand? A) esteem 4 B) energized differentiation C) relevance 23) The introduction of diet coke by the Coca Cola Company is an example of A) line extension B) brand harmonization C) brand dilution D) co-branding 24) Which of the following terms is most closely associated with the statement: â€Å"attributes or benefits consumers strongly associate with a brand, positively evaluate, and believe that they could not find to the same extent with a competitive brand†? A) points-of-inflection B) points-of-difference C) points-of-parity D) points-of-value 25) are visual representations of consumer perceptions and preferences. A) Procedural maps B) Brain maps C) Perceptual maps D) Procedural models 26) Singapore Airlines is well regarded in large part because of the excellence of its flight attendants. This is an example of differentiation. A) image B) services C) product D) employee 27) When Starbucks introduced its Tazo Tea line to bring in new customers who had never gone to Starbucks because they dont drink coffee, Starbucks was employing a trategy. A) market-penetration B) new-market segment C) geographical-expansion D) niche identification 28) An alternative to being a market follower in a large market is to be a leader in a small market. This type of competitor is called a A) marketing king B) market nicher C) segment king D) guerilla marketer 29) is a slowdown in sales growth because the product has achieved acceptance by most potential buyers. A) Introduction B) Growth C) Decline D) Maturity 5 30) The marketing concept holds that for its products B) customers who are coaxed into buying a product will most likely uy it again C) a new product will not be successful unless it is priced, distributed, and sold properly D) consumers and businesses, if left alone, won’t buy enough of the organization’s products 31) What types of goods are purchased frequently, immediately, and with minimum effort by the consumers? A) specialty goods B) shopping goods C) unsought goods D) convenience goods 32) We define packaging as all the activities of designing and producing the container for a product. This includes up to three levels of material: primary package, secondary package, and B) design package C) shipping package D) consumer package . A) retailer package 33) Which of the following is an example of a hybrid service? A) teaching B) car C) restaurant meal D) soap 34) Services high in have characteristics that the buyers can evaluate before purchase. A) search qualities B) experience qualities C) credence qualities D) privacy qualities 35) Jake had an appointment at the doctor’s, but couldn’t make it on time because he was caught in traffic. By the time he reached the doctor’s office, the doctor had already begun with the next patient. This illustrates the A) variability B) heterogeneity C) perishability D) intangibility f services. 36) Companies who believe that a higher sales volume leads to lower unit costs and higher long-run profits are attempting to A) maximize their market share B) skim the market C) become a product-quality leader D) merely survive in the market 37) In which of the following auctions does the auctioneer first announce a high price for a product and then slowly decreases the price until a bidder accepts? A) an English auction with one seller and many buyers B) an ascending bid auction C) a sealed-bid auction 6 38) A(n) is an extra payment designed to gain reseller participation in special rograms. A) seasonal discount B) allowance C) discount D) quantity discount 39) When is a pull strategy appropriate? A) when there is low brand loyalty B) when consumers are able to perceive differences between brands C) when brand choice is made in the store D) when it is a low involvement purchase 40) Which of the following is an example of a zero-level channel? A) A company takes online orders from customers and ships the products to them. B) A company sells its products through wholesalers and retailers. C) A company sells its products through chains of supermarkets and other large sellers. D) A large company forms alliances with smaller companies to increase sales coverage. 41) A(n) includes the producer, wholesaler(s), and retailer(s) acting as a unified system. A) parallel marketing channel B) vertical marketing system C) internal marketing system D) conventional marketing channel 42) Which of the following types of retailing generally entails the highest costs? A) full-service B) self-service C) limited service D) self-selection 43) Which of the following is an example of a word-of-mouth marketing communication platform? A) chat rooms B) billboards C) factory tours D) incentive programs 4) Which of the following is true for franchisors? A) The franchisor has to pay the franchisee to be part of the franchise system. B) The franchisor licenses the trade mark from the franchisee. C) The franchisor must change its operations to suit those of the franchisee’s. D) The franchisor collects royalty payments from the franchisee. 5) Which of the following is an advantage of using the percentage-of-sales method to determine the marketing communications budget? A) The percentage-of-sales method encourages stability when competing firms spend approximately the same portion of their sales on communications. B) The percentage-of-sales method views sales as the determiner of communications rather than as the result. C) The percentage-of-sales method leads to a budget set by market opportunities rather than the availability of funds. by determining what each product and territory deserves. 46) Which of the following sequences accurately represents the hierarchy-of-effects model of marketing communications? A) attention-interest-desire-action B) awareness-interest-evaluation-trial-adoption C) awareness-knowledge-liking-preference-conviction-purchase D) exposure- reception-cognitive response-attitude-intention-behavior 47) A(n) ppeal is a creative strategy that elaborates on product or service attributes or benefits.

The Morality of Blood Donation in the UK Essay Example | Topics and Well Written Essays - 2500 words

The Morality of Blood Donation in the UK - Essay Example of this book, Rawls’ provided new dimensions to the debate over morality factor associated with blood donation by men who have already experienced or experiencing sexual relationship with other males. This book has become the starting point for most of the contemporary discussion of justice and so would seem a logical place to begin my discussion of why preventing men who have safe sex with men from giving blood is unjust. The main reason to stop men, having experienced sexual relationship with other men, is to put a restrain over sexually transmitted diseases but the reason, however, is not clear why those people are also stopped from donating blood who, undertaken precaution measures before being involved into sexual relationship. As we delve deep into this issue, it becomes gradually clear that social discriminative approach against the gays is the main reason for such acts of prevention. These aspects are not very uncommon even in the modern society and definitely put a gr eat challenge before the issues of morality. The right to donate blood is applied for all, irrespective of colour, sex, creed and sexual orientation, as it is essentially related with the great issue of morality, that is, to save a life. Restriction over blood donation by the gays is definitely a great hindrance in the path of fulfilment of such moral aspects. Thus, this is the high time that we consider the issue with sincerity and try to judge how far the restriction over blood donation issue is relevant in the modern context. Blood and blood products are vital in modern health care and are used in a myriad of situations from surgery to trauma to chronic disease management. Every day it is important for many people’s lives that blood continues to be donated. 7,000 donations are needed in the UK every day to maintain healthy bloodstocks (NHS Blood and Transplant 2008) â€Å"[I]n a survey reported in 1991, current and lapsed donors were asked why they gave blood. Their answers fell broadly

Brand and Reputation Management in Tesco Plc in the Light of the Essay

Brand and Reputation Management in Tesco Plc in the Light of the Horsemeat Scandal - Essay Example This essay would reflect the different reputational and brand management initiatives that were taken by Tesco Plc while matching the same to the empirical understandings to reflect on the efficacy of the same in the meeting of end objectives. Tesco operates as a leading grocery retailer in the United Kingdom. The company was formed during the year 1919 by Jack Cohen through the creation of a large number of market stalls. Currently, the company operates based on a team of 500,000 people based on 12 global markets to generate the right quality of services to the customers. On a weekly basis, the team of 500,000 people based in 12 different nations contributes to addressing the needs of 75 million retail customers. Tesco as a global retail store focuses on to understand the needs of the customers and thereby to act in a responsible fashion to meet the need of the different communities. As a company, the management of Tesco focuses on promoting operations through effective teamwork such that it contributes to sharing knowledge and experience with each other. Working based on a team also contributes in generating a sense of trust and mutual respect for each other to help in the meeting of the organizational goals in a collective fashion. The company management of Tesco continually focuses on to invest in the development of different types of retail formats and also to incorporate needed technology to enhance the quality of services offered. The corporate or a company brand is signified as a constituent of the different products and services marketed by the company to its customers.

The Nature of the Illegal Trial of Jesus Article

The Nature of the Illegal Trial of Jesus - Article Example As a result, Jesus was abandoned and sentenced to death. But the most astonishing and the unfortunate matter is that Jesus could not be charged under any of the prevailing laws of either the Jews or the Romans that could vouch His capital punishment. The experts regard that the entire trial process to be totally unjust and a mere eye – wash. According to many of the research scholars, it was preplanned that Jesus would be killed more because of political reasons rather than religious causes but the rulers of the region could do so without a trial as because the general public was hostile towards those in powers as they have killed John the Baptist without any major charge. Hence, the entire set of drama regarding the trial of Jesus was organized and it had whole lot of unethical processes and happenings. This study brings forth the unethical trial of the Lord in the light. In order to understand the work, life and the execution of the Lord Jesus, it is prudent that the analysis commences with the discussion of the social and political condition of those times in the areas of Jerusalem. Jerusalem used to be an independent state predominantly Jewish and run by Hasmonean dynasty of high priests until in 63 B. C. when it was conquered by General Pompey of Rome and brought under the purview of the Roman Empire. The Roman delegated the authorities of ruling of the state to the high priests of the temple and since then their prevailed two sets of rules in the region; one being the Jewish religious laws and the other was the Roman laws. The rulers i.e. the high priests commenced to serve the dual interests namely the political interests of the Rome and the religious interests of the Jews. The rule of the Romans through Jew high priests in the areas of Palestine led to discontent among the populace of the region because of several political issues like the harsh rules of taxation, the laws of

Opertaing a small rural-based business Essay Example | Topics and Well Written Essays - 2000 words

Opertaing a small rural-based business - Essay Example (Landstorm, pp. 13-14, 2005) In particular, SMEs play a significant role in the contribution to rural economy. Since few years, sector of rural-based tourism has developed and grown progressively in the country. Certain limits related to the annual turnover or the number of employees have been defined and described in every country, in order to identify the definition the small and medium enterprises. However, every country has its economy, and thus, definition of the abovementioned term has been provided by various trade organizations according to their terms and conditions. In this regard, these enterprises have been abbreviated by SME by some of the major trade organizations, as well as, unions, such as, the World Trade Organization, the World Bank, and the European Union. For instance, a limit of five hundred employees was put on the German companies according to their traditional definition. On the other hand, a limit of only hundred employees was the standard for becoming SME in the Belgium. (Hall, pp. 49-50, 1997) In this paper, we will try to discuss different steps that can be taken to establish and operate small rural-based business in particularly, tourism sector of the United Kingdom. Every business confronts different threats and weaknesses during various business processes; however, establishment of a business brings new opportunities and strengths that will be discussed in this paper as well. The importance of the small business sector in tourism sector of the country will be highlighted during this paper, and few implications will be provided during the study. In the United Kingdom, magnitude of the annual balance sheet, annual turnover, and number of employees are considered during the evaluation of a small business firm statistically. In detail, small business firms have been categorized according to their volume. For instance,

Strategic Marketing Product Mix and New Product Development Strategies Essay

Strategic Marketing Product Mix and New Product Development Strategies - Essay Example The Pepsi Company already has a lot of products including business ties with Lipton Iced Tea, but that doesn't stop them from creating more new products. After the production of more than four hundred products you can't say that The Pepsi Company will stop creating new products or new drinks, that's not going to happen, not if they want to maintain to be the number one non-alcoholic beverage company in the world, not if their top competitors such as Coca Cola and Cadbury Schweppes are still around. (Hoover's.com) So, the idea of developing of another product is very much possible. And a creation of a new product, coffee for example, The Pepsi Company would like to create a new product line like coffee. This new product would require new machineries for the coffee beans and the skilled people in the coffee industry. With the development of a coffee brand of in the Pepsi Company, the organizational structure of the production division would be changed. For example the employees from ot her department that has the "know how" to operate the coffee machines would be "repositioned" into the coffee department. Therefore, this would create a great deal of transferees of department within the organizational structure. ... tion objectives of marketers to market the new Pepsi products, the use of internet, advertising campaign, sales promotion and sponsorship must be implemented as the IMC tools. The use of these IMC tools may help Pepsi Cola to communicate with the other target segment. For example, with the popularity of the Internet ever increasing, it has now become one of the most common ways of doing business: e-commerce. Through the Internet the Pepsi product will emerge quickly because Internet acts a shop window for many businesses today, this will also allow consumers to view the different features Pepsi products, its contents in terms of minerals and vitamins or purchase the product features and unique benefits online. In addition, the Internet can also be used as a marketing tool, in meaning on a purely promoting the products, which will aim to result in a more sales from other distribution channels. The rationale for choosing this channel is that Internet can help target consumers worldwide not only on the market and this could be a great opportunity to be develop and in order for consumer quickly recognized the product. Herein, the entire campaign element must be integrated in order to achieve the desirable marketing communication objectives. Consumer does not separate or divide advertising, sales promotion, sponsorship and internet as marketing communications techniques. They tend to receive the messages from various sources and buildup either favourable or unfavourable image of Pepsi products. As far as they are concerned, the source of the message is unimportant. What they will be concerned with is the content of the message and to what degree the brand promise is actually delivered (Fill & Yeshin, 2001). Basically, all campaign activities lead down to marketing

Strategic Plan on Toyota Essay Example | Topics and Well Written Essays - 750 words

Strategic Plan on Toyota - Essay Example The end of the first quarter of 2012 saw Toyota having 217 associated firms, as well as 511 subsidiaries all over the world. Moreover, while ranked 25th in the world, it is number nine in sales, number 74 in assets, and number 32 in terms of market value (Forbes.com LLC, 2012). Its range of automobile products includes commercial automobiles, which includes trucks, minivans, as well as passenger vehicles. Among its subsidiaries are Daihatsu, specializing in compact cars and min-cars, and Hino, which specializes in buses and trucks. Its main range of passenger cars includes subcompacts, compacts, luxury cars, sports vehicles, SUVs, mid-size vehicles, and recreational cars. In the US, it also has the luxury brand Lexus (Reuters, 2012). The latest stock performance figures give Toyota a market capitalization of $128.9 billion, and a share price of $81.41. This share price figure is down somewhat from year highs of about $88, but up from year lows of about $70. Its current P/E ratio of 17.66 is much higher than competition, the closest being Honda, which is trading at a P/E ratio of 15.44. It leads all automobile players in market capitalization, though it is behind the likes of Volkswagen and Honda in terms of margins and operating metrics. (Google, 2012). Snippets of the corporate strategy of Toyota can be gleaned from news relating to its planned reduction of product output in Japan, by 10 percent from 2012 levels, to around 3.1 million vehicles by 2014. This is to be done with no impact on the employment rolls in the country, with the projected output for 2012 being higher than that 2014 figure, at 3.6 million vehicles (Reuters, 2012b).This is coupled with news relating to planned capacity increases in some subsidiaries, particularly India, where production is slated to expand to 310,000 units per year, an increase of about 50 percent from current production levels. The focus is on sedans and hatchback vehicles

Gaps in academic achievement Research Paper Example | Topics and Well Written Essays - 2000 words

Gaps in academic achievement - Research Paper Example A critical investigation of existing literature reveals that the problem of educational gap presents numerous challenges to policy-makers. Many studies have examined the achievement gap between black and white students, the contributing factors and the underlying implications. The growing consensus that the achievement gap between black and white students persists even after controlling for various observable characteristics, has been contested.   In a survey that used the Early Childhood Longitudinal Study Kindergarten cohort (ECLS-K), the latest data administered by the Education Department, Fryer and Levitt demonstrated that the achievement gap between black and white students can be eliminated by controlling for observable characteristics of the environment and school (Fryer and Levitt, 2004). The researchers asserted that the gap between black and white students widens once students enter school (Fryer and Levitt, 2004). The author’s main argument is that black studentà ¢â‚¬â„¢s underachievement is due to attending lower quality schools. The study is robust and compares results obtained in previous randomized studies with nonrandom sample frames. In a study that examined the extent to which family wealth affected test scores among young black and white students, Conley and Yeung (2008) found little evidence that the achievement gap between black and white students could be explained by wealth disparity. The researchers used data from PSID, a longitudinal study using a sample size of 5,000 participants (Conley and Yeung, 2008).

Buyer behavior Essay Example | Topics and Well Written Essays - 500 words

Buyer behavior - Essay Example Once the customer decision making process of the customers is understood, it becomes relatively easier to develop a customer profile as the customer’s decisions to buy specific items are rationally and emotionally influenced. In the process of making their decisions, customers consider categories based in rationales, and they may make a decision, particularly in the case of repeat customers, based on the brand or based on emotions. The decision making of customers can assist the business to ensure that they have an emotional attachment to the brand which is among the key elements that build brand loyalty(Wright, 2006, p. 27). Additionally, it is also among the key factors in obtaining recommendations and referrals, and when seeking more customers for the business, it is relatively easier to choose the best marketing strategies when the business has an understanding. Understanding the manner in which customers make decisions assists business in various ways in its future operat ions as it seeks to be successful. Understanding how customers make decisions makes it easier for the business to comprehend rational and the emotional reasons that affect customers and thus the business can make decisions based on this (Lamb, Hair & McDaniel, 2009, p. 140). For instance, a customer may have tax issues and be in need of advice making their situation acute, thus they will seek a business that provides peace of mind and assists them to worry less. If the business understands the manner in which the customers make their decisions, it will be easier to come up with ways that will ensure they are at peace. This is because the emotional reasons of the customers have a higher influence on the manner in which they make decisions compared to price. Understanding decision making process of the customers is also important for the business as this will assist the business as it makes plans on timing of strategic market

Golden Gate Bridge History Essay Example for Free

Golden Gate Bridge History Essay The First proposal for the Golden Gate Bridge came from James Wilkins, who at the time was an engineering student. The cost of James Wilkins Bridge was unrealistic at the time which was 100million dollars, but none the less it set the bar for other bridge engineers to try to work out a cheaper solution. During this time a young Joseph Strauss had graduated from the University of Cincinnati with a degree in Business and Economics. Joseph was an avid student at his school and was the class president and poet for his class. Joseph’s interests with engineering and bridge design some might say happened by chance, in that, one day Joseph once tried out for his school’s football team but got injured and taken to the infirmary. During his stay, he gazed outside the window at the Cincinnati-Covington Bridge. Little did anyone know, Joseph was on his way to becoming a leader in his society and a hero amongst most. Joseph spent some time working at an office for an engineering firm which designed bridges, and after a preposition to his firm was rejected, he though to start his own firm and take his idea with him. Joseph went on to create the Strauss Bascule bridge company of Chicago where he amped up the modern day bascule bridge (draw bridge) with his designs and ideas. At the Strauss Bascule bridge company of Chicago, Josephs worked on the Burnside Bridge in Portland in the year 1926, the Lewis and Clark Bridge in 1930, the Cherry street Strauss and Trunnion Bridge, the Washington Street Bridge, the Hoquiam Bridge, the Skansen Bridge and finally worked as the chief engineer on the golden Gate Bridge. All of this was done without a proper degree in engineering. Joseph first tackled the idea of designing the Golden Gate Bridge with a plan of having two double cantilever spans linked by a central suspension segment. This design was rejected and later on a fellow engineer working on the project under Joseph by the name of Leon Moisseiff came up with the Final Design for the Golden Gate Bridge. Joseph was a very conservative man and left plenty of room for error throughout the entire process of designing and building the Golden Gate Bridge. Joseph insisted that a net be placed under the work space to catch workers who accidentally fell off. This net tha t he implemented saved a total of 19 lives and he was commemorated more than ever for it. Joseph received a statue at the end of the Golden Gate Bridge on the San Francisco side. Leon Moisseiff received the Franklin Institute’s Louis E Levy Medal in 1933 and was a leading suspension bridge designer within America. Leon graduated from Colombia University with a degree in civil engineering in 1895. Leon had a number of bridges which he has worked with but to name a few of most notable were the Manhattan Bridge and the Benjamin Franklin Bridge in Delaware. Leon Moisseif was best known for his work with the deflection theory which simply stated that the longer a bridge spans the more room it has to wiggle and move. He applied this principle on the Golden Gate Bridge as it was to span a length no bridge has spanned before at the time. Moisseiff was mainly in charge of the calculation of force revolving the wind the Bridge would have to withstand and one of his co-workers, Charles Ellis was a big believer in Moisseiff and his â€Å"Deflection Theory†. Charles Ellis was first appointed onto the Golden Gate Bridge project by Strauss himself. Strauss recognized him as a well renowned scholar of mathematics but as ironic as it is, Ellis like Joseph Strauss never received a degree in Engineer either, but one thing Ellis had on Joseph was a certificate in the field. Charles had fallen in love with the engineering and went on to write a book named â€Å"essentials of theory in framed structure† which became a mandatory text for Harvard and Yale engineer students. Charles graduated from the University of Wesleyan with a degree in Greek and Mathematics. Charles worked as a professor of engineering at the University of Michigan and the University of Illinois for some time. Ellis was a key part in the construction and design of the Golden Gate Bridge but Joseph made an alarming move which was controversial. Joseph accused Ellis of wasting time and money on the project and ordered Charles Ellis to take a vacation from work, and near the end of it Ellis received a letter from Joseph telling him not to come back to the job. Ellis was devastated and was still much attached to the project. After he had been released he began teaching at the University of Perdue and on top of his teachings kept working at problems and overlooking the designs for the Golden Gate Bridge dedicating around 70 hours a week. He found several errors which raised some eyes brows and in no time sent a letter to Moissieff. Charles Ellis was given almost no credit for his 3 years dedicated to working on the Golden Gate Bridge. His name was not mentioned on the list of builders but until recently was given a plaque acknowledging his participation in the bridge design. How the Golden Gate Bridge affected the local community. The Golden Gate Bridge is a historic achievement of great magnitude in the San Francisco and California region. It has created many jobs for the locals as positions were promised to be favouring them and also had brought attention to the area from all around the world. A total of 10 construction companies were called into the building of the bridge and materials from all over the world were brought in and in tremendous amounts, 83 000 tons of steel and 389 000 cubic yards of concrete. Conclusion The Golden Gate Bridge is a Remarkable piece of engineering. It has come a long way over its 4-5 years of construction and not to mention all that was needed to set its plan in motion. It has faced many obstacles to get to where it is at today, being one of Americas most recognizable attractions. The Golden Gate Bridge pushed the limits of its time, being the longest, highest bridge of its time really opened the eyes of many people in what exactly careful engineering can accomplish. It has had lots of passionate dedicated workers behind it since day one and along the road had its ups and down but in the end turned out to be one of mankind’s greatest accomplishments.

A Character Analysis Of Harry Potter English Literature Essay

A Character Analysis Of Harry Potter English Literature Essay In J. K. Rowlings novel, Harry Potter and the Chamber of Secrets, readers see Harrys character develop and build upon the person Rowling introduced in Harry Potter and the Sorcerers Stone. Harry Potter and the Chamber of Secrets shows Harry further mature as a wizard and as a person. Though he is still young, Harry learns many important lessons in this novel that help him learn about life and himself. By the end of the novel, readers can see Harry as a bit more developed, but not as a completely different person. The second novel in the Harry Porter series isnt too different from the first in that it enforces many of the characteristics readers have already learned about Harry from the first novel. For example, in Harry Potter and the Sorcerers Stone readers learn that Harrys deepest desire is to be with family. In the very beginning of the Harry Potter and the Chamber of Secrets readers learn that he cant wait to go back to Hogwarts and see his friends, who are his new family. Readers also see in the second novel that Harry has many doubts in himself, he still lacks confidence; likely caused by years of abuse by the Dursleys. Readers can also see that Harry is still kind, witty, honest and brave person. These can be seen when Harry treats Dobby as an equal in a kind manner, when Dobby asks him about his friends not writing and he immediately questions Dobby about how he knows that, when he refuses to lie to Dobby in order to get him to put down the cake, and finally when he uses the floo pow der without much hesitation. Readers also see that Harry is just as righteous in Harry Potter and the Chamber of Secrets as he was in Harry Potter and the Sorcerers Stone. This can be seen in his distaste of people like Lucius and Draco. Another characteristic which Rowling builds on is how Harry deals with fame. In the first book readers see Harry discover that he is famous for the first time, however his new found fame doesnt really seem to impact him. In Harry Potter and the Chamber of Secrets readers see that Harry actually dislikes his fame. Harry seems to be the exact opposite of Lockhart. Though, Lockhart is oblivious to this and ends up offending Harry by assuming that he seeks fame the same way he does. Rowling clearly shows readers how Harry feels about his fame when tries to refuse to take a picture with Lockhart and even more so when his image in the picture refuses to stay in the image; leaving Lockhart to pose alone. Two major themes Rowling writes about in the novel are class and prejudice. From the very beginning of the novel readers can see that Harry treats all beings equal; seen when Dobby shows up. However, readers can also see how young and naÃÆ' ¯ve Harry is in this novel. For example, when Draco calls Hermione and a filthy little mudblood Harry has no idea what that means (112). Through this readers can see how innocent Harry actually is. He doesnt know how evil the world can be and this is something he learns during his time at Hogwarts. In addition, Harry lies to Dumbledore about what he knows and then turns to Riddle for help with figuring out what is happening. This shows how young Harry is and that his judgment still needs more developing. Eventually readers can see Harry gaining better judgment with regards to who he should trust. The voice that Harry hears also helps readers identify some of his characteristics. When Harry hears the voice say that it is time to kill (Rowling 137), his instinct is to follow the voice in hopes of preventing it from doing anyone any harm. This is a characteristic that Rowling continues to build upon with Harry. His instinct is to always do good things and prevent evil from occurring; however Harry does not understand the source or nature of the voice. This lack of understanding becomes the source of frustration and doubt for Harry. He later deals with this by confiding in his friends, but rejects help from a more mature and experienced people, such as Dumbledore. The fact that he seeks help from his friends shows some maturity in Harry, but because he doesnt seek help from Dumbledore readers can see that he has some growing up to do. Throughout the book Rowling enforces many of the characteristics she has already given Harry. For example, Harry doesnt look down on Filch for being a squib, he throws a firecracker into a cauldron while in potions class, so that Hermione may get the ingredients for the poly juice potion, and finally his performance during the Quidditch game versus Slytherins. These show that Harry treats all beings equal, that hell break the rules for the greater good, and the Quidditch match shows his bravery, loyalty, determination, and teamwork. The Quidditch match a very example for describing Harry because of how intense it is. Oliver tells Harry, get to that snitchà ¢Ã¢â€š ¬Ã‚ ¦or die trying and that is exactly what Harry does (167). In addition, he tells George and Fred to leave him alone, so that he can find the snitch while leaving himself defenseless to the rogue bludger. This shows that Harry is even willing to sacrifice himself if his friends benefit. Readers can see further development of Harrys character when the Riddles diary goes missing. Harry decides that he and Ron must talk to Hagrid about the situation even though he cant believe its him this time (259). Harry is willing to break rules because he is interested in protecting his Hogwarts as well as preserving it. This is an important scene in the novel because Harry does not generally do bad things. Harry never really has a problem discerning right from wrong. However, there are certain circumstances when he must break rules in order to achieve the greater good; this is yet another trait which Rowling is building upon. Readers can see that Harry does not accept status quo and will do whatever it takes to do whats right. Readers can see examples of this when Harry goes into the forbidden forest and makes Ron come with him. Even though the last time he went in the forbidden forest he saw Voldemort, Harry does not hesitate to go and even when he stands in front of Aragog Harr y keep his cool. In these passages readers can see that Harry truly is a brave person of action. Harrys bravery is also enhanced by the fact that he has to rely on his own instincts and himself for help; Hermione has been petrified and Rons wand is broken, rendering him useless. Another example of how Harrys character develops can be seen in how he handles being blamed for petrifying Hermione. Even though so many horrible things are going on around him, he doesnt explode or over react. In fact, when Ernie apologizes for suspecting him, Harry does not hold a grudge. Hermiones character actually players a major role in the development of Harry. Her condition leaves her confined to the infirmary and leaves Harry to solve problems hed leave to Hermione on his own. Without Hermiones knowledge, Harry must approach every dangerous encounter while relying on his own instincts, bravery, and loyalty. For example, when Ron suggests that they go speak with Lockhart, the Rowling tells the reader that Harry agreed because he couldnt think of anything else to do, and because he wanted to do something (296). Also, when they go to see Lockhart and realize that he intends on running away, it is Harry who challenges Lockharts and stops him. He tells Lockhart, Youre the Defense against the Dark Arts teacher . . . You cant go now! (297). These scenes show readers that Harry is becoming more independent and can rely on his own abilities. Even without anyones help Harry is capable of making his own decisions and doing what he believes is right. In the Harry Potter and the Chamber of Secrets, readers see Harry take part in a conflict similar to the ending of Harry Potter and the Sorcerers Stone. In this final conflict, Harry shows immense bravery and loyalty. He also learns an important lesson with regards to his good nature and trusting other people. Harry wanted to believe that Riddle wanted to help him, but he soon discovers that he is doesnt. In fact, he learns that Riddle is Voldemort and Harry shows courage in trying to fight him. Harry also shows how loyal he actually is when he tells Riddle that Dumbledore is the greatest wizard in the world (314).Because of his loyalty, Harry is rewarded with the phoenix and even though Harry doesnt know exactly what to do, he is still brave enough to fight. The end of the book also foreshadows what is to become of Harry. Harry using his wit to trick Lucius into freeing Dobby shows that in the future hell have combat evil with his intelligence in addition to his actions. Even though many readers many have grown a dislike for Dobby because of what he has done to Harry; Harry sees that his actions were to help him, so Harry tries to help him in return. This kindness is a characteristic Rowling also builds upon in Harry and is essential in his personality. Harrys character evolves throughout the novel. In the end readers are presented with a character that is different, but not completely. Readers can see that Harry is not an exceptional hero. In fact he is more of an average person that is aided by those who care for him and are genuinely concerned for his well being. Harry is a good person and this would be true even if he wasnt a wizard. While magic adds to the novel, it does not entirely make up Harrys personality. In fact, it is Harrys human characteristics that allow Harry to shine as a hero in this novel. He is a hero, but this fact is not based solely on him being a wizard. In conclusion, Harrys development teaches readers many things and gives them some insight of what is to become of Harry. One theme of the novel is that people will always encounter obstacles. Harry learns that even as a wizard, he will always face difficult times. To overcome his endeavors Harry must continue to grow as a person and continue to live fully aware that dangers are present. The best Harry can do is keep using his strong character traits such as honestly, bravery, wit, loyalty, and finally what is probably most important to his character vigilance. Work Cited Rowling, J. K. Harry Potter and the Chamber of Secrets. New York: Scholastic Inc. 1999.

Vygotskys Zone of Proximal Development

Vygotskys Zone of Proximal Development Lev Vygotsky views collaboration with peers as an effective way of development. He suggests that more cooperative learning activities should be used in the classroom in which less capable students develop with assistance and support from more knowledgeable peers, within their zone of proximal development. In other words, according to Vygotsky, the task becomes â€Å"internalised through actual relations between† the students (Vygotsky, 1978:57) and successfully performed. In one of my English Literature lessons, I taught a group of Y11 second language learners how to answer and analyse a question using PEER (Point – Evidence –Explain – Reflect) technique. The students were revising exam-type questions and had to be ready for analysis. I started with a demonstration activity from the novel I am the King of the Castle. With some leading questions, I started analysing the point, involving the students in finding evidence, linkers, explanation, etc. As soon as the students were assigned with an individual task, the majority of them (7 out of 10) were able to perform with no challenges due to their prior knowledge and vocabulary. On the other hand, the ‘ripe’ students were not able to follow the critical task unaided. Therefore, they were paired with more able students to practise analysis, finding evidence, explaining and evaluating. The less able students were doing it correctly till the point when more criticality needed. With a little aid from a more competent peer, they developed conceptual learning. In future lessons, given a similar task, students will be able to perform with more confidence; and once it is internalised, scaffolding might be removed. I think as a conceptual tool for teachers the ZPD is very helpful in developing a curriculum which will challenge students’ learning and enable them to enquire; it also helps teachers in effective grouping of students where less able students can achieve with some guidance and support from more competent students. Finally, the ZPD might be helpful in assessing students’ abilities in order to decide their year group distribution. ===================================================================================== In this specific lesson, I managed scaffolding the group of Y11 second language students to write effectively. My main objective was how to write interesting, imaginative and thoughtful texts, using appropriate and effective vocabulary. (The lesson objectives were taken from the Writing Assessment Foci (AF1/AF7) of the National Curriculum.) Due to the different ability level of students, I demonstrated all the instructional options summarised by Wood, (1988). In the video clip, David Wood explained evidently the difference between contingent teaching and scaffolding, highlighting that scaffolding is â€Å"a functional analysis of the kinds of activities that a teacher might undertake to simplify the students’ learning; whereas contingency is about interaction, process, it’s how teachers go about of supporting a particular individual when they are setting out to learn.† Therefore, I involved all the five instructional options as aspects of scaffolding. I introduced the lesson objectives and outcomes of writing effectively, and assigned the students to write a one line description of a man who is smiling coldly. My verbal instruction was to look at their partner’s work and compare their responses, ensuring that the sentences matched the assessment foci. The more competent students performed very well because of their pre-existing knowledge of literary devices, sentence structure, effective vocabulary, and the ability to look at the context, whilst the less capable students used very simple and uncomplicated sentences. At this point, I provided some prompt by asking them to write a one line description of a man who is smiling coldly, using the word ARCTIC. This time, the students also worked individually and upon their task completion, I asked them to compare their responses with the model sentence on the board: â€Å"Mr. Fisher had a smile of arctic brightness.† While working as a class and comparing their sentences, t he students then had to consider how the description worked there, what literary devices were used to make the sentence more effective. Obviously, a few of the students with less competence could construct a sentence with the word ‘arctic’ because they did not know what it meant. I then provided a thesaurus support, asking them to first look up the word and then, using some other techniques of personification or imagery and careful sentence structure to construct a sentence, which meets the objectives of the lesson. The students still struggled with the use of a simile, metaphor, etc.; therefore, a group of more knowledgeable students was swapped to provide support to those less competent peers by sharing their examples, reinforcing the use of literary devices, using effective vocabulary and correct structure. With the additional support, the students came up with a variety of sentences. They were also provided with a checklist of expected skills they needed to accomplish the task. This was done as a class work, thoroughly read and explained. In Wood’s terminology, this was a stage where I demonst rated contingent teaching with the features of interactive instruction. I indicated the material and prepared them for the assembly. The rest of the lesson was spent in focus on exploring the necessary skills in writing; and the students were assigned with a final task of writing a character description using one of their carefully crafted sentences as a starting point. To sum up, I should put together Wood’s theory of scaffolding: General Verbal Prompt (GVP) was given throughout the lesson to give instruction and introduce the topic, etc. Special Verbal Instruction (SVI) was given as well when the students had to construct their own sentences and compare them either with their partners or with the model. Even though this work was done individually, the students still could do this unaided, due to their pre-existing knowledge. Indicating Material (IM) was the next step when I suggested the use of a dictionary, constantly reminded the students of the AFs, objectives of the lesson, and provided the assistance of more competent students to help to successfully accomplish the task. To prepare for the assembly of the final writing piece using literary devices, appropriate and effective vocabulary, and an effectively written text, the students were distributed a checklist and framework of expected skills explored during the lesson. A demonstration (DEM) of how to write imaginary and thoughtful sentences using an effective word choice was also used throughout the lesson by sharing model sentences with all the students to facilitate their work and understanding. Throughout the lesson, there was a varied level of teacher interaction supporting the students to ‘internalise’ the knowledge and complete the task successfully, at which point, the teacher should have not intervene. The following lesson aimed at peer marking and spotting mistakes and the discussion of the skills acquired during the previous lesson. ===================================================================================== Child-centred learning has been advocated by several educationalists and psychologists for many years. Its basic emphasis is children’s individual interests and needs in education, which may vary in terms of development rates and the nature of the teacher’s control. The term ‘child-centeredness’ is related to children’s individual needs and decisions about the curriculum and the teacher’s role in the classroom. However, since child development theories vary, child-centred learning also varies in a classroom. Pioneers in child development theory, Jean Piaget and Lev Vygostsky, observe considerable differences between cognitive and social constructivist theories assigned to each individual child and the social context of play in their development. They both support the idea of knowledge construction by individuals. However, Piaget believes that knowledge is a product of the individual and the environment. Vygostky, on the other hand, advocates the idea that knowledge is constructed due to social interaction and then internalised by guidance. Piaget and Vygostky differently promote the relationship between learning and development: Piaget believes that development follows learning, whilst Vygotsky shows that learning leads to development and plays a vital role in it. He states that â€Å"†¦the only ‘good learning’ is that which is in advance of development† (Vygotsky, Mind in Society and the ZPD, 2002:113). Both theorists emphasise, though, that peer interaction and cooperation promote children’s learning. Since Piaget’s and Vygostky’s child-centred approaches vary greatly, their implication in a classroom varies as well. Piaget’s approach relies on the liberty of children and appropriate environment for learning, where children learn by exploring things by themselves. Those with Vygotsky’s approach, provide a balance between teacher-directed and child-initiated classroom, where teachers provide assistance to ensure that the children are able to attain a higher l evel within their ZPD. Other theorists, John Dewey and Maria Montessori, have also played a significant role in child-centred learning theory development. Despite the similarities in their belief that some guidance is important for children to help them develop their intelligence, they both have different perspectives about the role of children’s freedom in education and the teacher’s role in the classroom. Dewey believes that democratic schooling is based on child-centeredness where learning means experiencing. Being a progressivist, he believes in the development of the ability in children to function well in the larger democratic society and attain personal fulfilment. Dewey emphasises that the construction of children’s freedom of intelligence via observation is more important than their freedom of will. Therefore, he summons up the teachers to act as a representative of the children’s interests as a whole. They should create self-control in children, which will assist the t eacher to understand the aim of education. Montessori, by contrast, sees teachers’ authority in the support they give to the children rather than in their â€Å"dignity†. She believes that orderly environment and appropriate materials will promote children’s development. Teachers, therefore, should prepare motives and inspire children to develop without any direct instruction. I think the combination of all four theories is beneficial for my understanding of child-centeredness in education and in conceptualised classroom situations. Piaget’s cognitive constructivist theory helps me understand when children have freedom to explore and construct knowledge, they make choice and experience. Vygotsky’s social constructivist theory can help me understand children’s ability to develop with adult guidance to attain their ZPD. Dewey’s understanding of children’s freedom of intelligence to promote learning will assist me how to nurture this with guidance for each individual’s constant growth. Finally, Montessori’s support of each child’s potential to have inner drive to learn, will help me remove all the obstacles that impede learning. ===================================================================================== Nowadays, Early Years Education (EYE) has a mixture of their foundation in the work of Montessori and her critics W. Kilpatrick and J. Dewey. A confident Early Year practitioner should be aware of the ways how children learn and develop; support them in solving problems and making decisions; and provide them with practice and roles to enhance learning. The Montessori method has been partially embraced by the International Community School in Amman, Jordan, where I am currently working. Some of the pedagogic principles, however, have not been accepted by the school administration due to their understanding of the method as â€Å"purely academic, mechanistic and rigid†. Below, I will demonstrate the aspects which are currently practised in the school, and which I, a Secondary Teacher, have observed as part of my EC in Lower Primary. One aspect of â€Å"good practice† in Foundation Stage of the school is that the teachers utilise activities in â€Å"sensory rich† environment. The students are guided and supported to learn to interact and thus develop independent learning. In this environment, the children choose their activities and learn by doing. Montessori believes that training senses is fundamental and that it will promote the basis for the development of imagination. According to her, intellect should be developed early, through stimulation of senses, as a basis for the development of imagination and social relationships (Montessori, 1964). The FS teachers do apply this aspect of learning because they find it fruitful: students become prepared for KS1 as â€Å"self-directed†, independent students, who are able to perform and master inter-connected and challenging tasks. On the other hand, W. Kilpatrick argues in his book The Montessori Method Examined (1914), that imagination and social relations should be developed before the intellect because the premature development of the intellect can stifle creativity. Kilpatrick believes in the opposite that providing children with â€Å"socially conditioned environment† will create a spontaneous unity of groups to work out their tasks. This suggests that children will develop their imagination and social relationship by â€Å"cooperating† with each other. The FS teachers apply this aspect of learning in their classroom as well, believing that only through their [teachers’] â€Å"consideration† and â€Å"suggestion† (p.20) can the students cooperate socially and learn effectively. Another aspect of â€Å"good practice† utilised by the FS teachers is the child’s liberty. Montessori believes that students’ free choice and freedom on the â€Å"educational playground† can be advantageous and can promote their free self-expression. This is practised in my school with caution, however. The teachers as well as Kilpatrick believe that too much liberty will not lead to â€Å"right conduct† (p.23). He emphasises that â€Å"†¦in the effort to suppress†¦ impulses, a certain amount of positive pain association (â€Å"punishment†) will prove necessary†¦Ã¢â‚¬  (p.24). Thus, having acquired a positive self-expression with the guidance and support of the teacher, the child develops self-discipline and â€Å"proper conduct† (p.24). Finally, one more aspect of â€Å"good practice† applied in FS of my school is that the students exercise â€Å"practical life† in their classroom. Activities like cooking, cleaning, serving, setting tables, washing hands, constructing, etc. become so intrinsically meaningful that the students develop their potential to perform these tasks with interest and concentration. Utilising this approach, teachers create the Montessori model which is â€Å"the school should fit the needs of the students.† This means that the Montessori curriculum is based on the students spending a lot of time taking part in different sessions of uninterrupted activities, which last several hours. These activities contain a variety of independent and group-solving tasks related to different subjects: maths, science, music, geography, etc. Here, Kilpatrick agrees with Montessori that â€Å"schools should function more definitely as a social institution, adapting itself to its own environm ent, utilising more fully actual-life situation† (p.41). In contrast to a Montessori classroom, the FS classrooms are NOT mixed age, but are counterparts. This is why the teachers mix the children according their abilities when less-able students are supported by more capable students. To conclude, our students are a combination of the Montessori Method and a modern democratic school, where the child’s day is a mixture of activities, starting from unstructured approach – where the students play and learn independently and ending with highly structured approach – where the tasks are teacher-directed and there is little play. Other activities are focused learning, when students are guided by the teacher and play and learn via experiential activities; and finally, the activities are child-initiated, when students interact sensibly and sensitively in a supportive and enabling environment. All these approaches are used by Early Year Foundation Stages (EYFS) in international schools in Amman. ===================================================================================== Freire’s views explicitly recognise the relationship between education and knowledge. He emphasises that liberal education would build on the knowledge resources and agency of learners: â€Å"Liberation education consists in acts of cognition, not transferals of information† (Freire, 2002:366). In Jordanian education system, however, â€Å"the raison d’etre of liberation education† lies in its didactic approach of teaching – the ‘banking’ concept of education – where teachers are ‘depositors’ and students are ‘depositories’. The system heavily relies on memorisation techniques, which is done for the academic performance. Students are required to learn from seven to ten subjects within the period of two years. At the end of the two-year, they sit for the end-of-year external examinations. The students’ learning styles involve a lot of writing and memorising; the classes are teacher-centred and in â€Å"transferals of information†; the content is massive and should be covered in a two-year period; and time constraints are obstacles to interactive lessons. Within this short time framework, students and teachers work hard to cover the content of learning, which is overwhelming. They display their â€Å"absolute ignorance† towards the â€Å"oppressed† situation and fail to respond to the â€Å"essence of consciousness†. They also fail to recognise cognition and thus, do not â€Å"establish an authentic form of thought and action.† (p.366) Problem-posing education would liberate Jordanian state school students if they were taught facts of the reasons and means of humans’ existence; if teachers regarded dialogue as a precondition to cognition; if students were taught how to think critically; if they built their understanding on creativity, etc. I believe the Jordanian education system would be one of the best if they accepted individuals as â€Å"historical beings† to clearly acknowledge their present, past and their willingness to †wisely build the future† (p.367).

Dougy :: Free Essay Writer

Dougy Before we look at whether James Moloney effectively uses characterisation to convey Aboriginal issues we must look at the issues themselves. In Dougy, the issue of black and white prejudice is strongly present in the plot. The stereotyping of Aborigines and white Europeans play an important role in the events and the outcome of the story, as is individuality and the breaking of the stereotypes. The book also touches on the old Aboriginal superstitions that are still believed in by some today, though one of such superstitions plays an important role in creating the mood of the resolution. These issues impact most heavily on the character Gracey. Possibly the most important factor in Dougy is the racial prejudice and stereotyping between the Aborigines and the white Europeans. All the complications and obstacles the main characters encounter, especially Gracey, are due to these issues. In the remote country ton setting of the book, the whites all feel that the Aborigines do not do their part for society but still get more benefits from the Government than anyone else. The anger that the whites feel at this so-called ‘unfairness’ that has been held back bursts free when Gracey receives a chance to compete in the state athletics championships. All the children at the local school were celebrating on the school bus the first day, but the white children divided themselves from the blacks the next, because their parents feel that Gracey had an advantage because she was Aborigine. â€Å"It just didn’t make sense that it all changed so quickly, over just one night†¦ Abo kids knew there was something wrong a nd all the time they waited for the bus, the black kids stood together in one spot and the white kids in another.† From this quote we can see that the rift between blacks and whites has been widened because Gracey is talented enough to run in the state championships. Similarly, the blacks feel dominated by the whites, who, in their minds, own everything. This concept is conveyed by the characterisation of Gracey’s brother, Raymond. The stereotype is evident through his speech, â€Å"Whities will still be in charge, tellin’ us what to do. Everything will still be theirs, even the footy†¦ I’m fed up with being black. I hate it.† Though the stereotyping and alienation is strong in Dougy and Gracey’s community they manage to break away from it. The whites feel that the Aborigines get everything free from the government and never do any work of their own, and according to the book, most of them do just this.

Poltics in America - Without Tolerance, Nothing will be Accomplished Es

Poltics in America - Without Tolerance, Nothing will be Accomplished Donald Kaul, a Tribune Media Syndicate’s newspaper veteran of twenty five years, can be said to be famous for his often sarcastic but astute observations on everything from campaign reform to "Who Wants to be a Millionaire." Occasionally a letter to the editor appears in the newspaper protesting his remarks, usually from a self-proclaimed, right-wing conservative calling him a "bleeding heart liberal." What exactly do these terms mean, however? Are they absolute in what they represent? In general, a conservative opposes social programs and government intervention in business practices. They usually stress Judeo-Christian values as a solution to most issues. Conservatives are opposed to affirmative action, unions, and taxation-- especially of the rich, since they are the ones who provide jobs for the rest. A liberal believes government intervention is necessary to provide all people with equal opportunities before the law. Their most sacred tenets are progr essive taxation, welfare, and public education. Liberals stress diversity and individual civil rights. Donald Kaul exhibits more traits of a liberal, although he is a moderate in his beliefs. The subject matter in the articles analyzed were the separation of church and state, gun control, environmental protection, capital punishment, and the rivalry between Republicans and Clinton.The subjects Kaul writes about are not regional at all;...

Advanced Medical Technology Solution Essay

Would you, as Mr. Winter, recommend a loan to AMT? If so, on what basis? As Mr. Winter, I would recommend a loan to Advanced Medical Technology Corporation (AMT). There are several reasons why I would recommend a loan to AMT. The biggest factor is this company is still in the growth / infancy stage of its life cycle. They have invested large amounts of capital into the research and development, and marketing of its products, and it is too soon to see the rewards from these investments. Some of the changes that need to be made in order for a loan to be approved for AMT include improving manufacturing efficencies, short-term loans, operations, and managing their accounts recieveables. The manufacturing operations of AMT can be streamlined which will enable AMT to see greater profits. Right now they are building in ten to twelve week lot sizes, and they are not always making the products they need. With the investment into a information system, they can streamline this process. This was installed in 1984, and they are making progress. I would recommend reshuffling some positions (i. e. , MRP, planning, master data) in order to obtain the full benefit of the information system. They can build larger lot sizes of some products which will cut down on the direct labor costs for the materials. Making only the products they know they have demand on will minimize the excess and obsolesnce amount they have to reserve for each quarter. AMT can also improve its accounts receivable days outstanding ratio by having more control over it’s A/R. Having someone do background checks on new customers instead of granting all new customers the same 30 days. Some customers with poor credit history should be given no credit, and must pay COD or before the products are shipped to minimize risk of default. Well-known customers or customers with great credit can be given more than 30 days. Also, collection of past-due accounts should be pursued more aggressively. Based on the criteria mentioned, and the financial statements, I would give AMT the full $8 million line of credit. The company has had great growth in its revenues. Although this company has not been profitable over the last three years, if it had to turn a profit, it could do so by eliminating research and development. Just by selling existing products, it would have had a net income of $3. 8 million in 1985 if it did not have the research and development expense. I am not advising the removal of R&D, I am just providing a worst case scenario for the company. Ending the R&D department would cause no new products, and new improvements to existing products in an ever changing evenronment. This company has the potential to become profitable in 1986, and pay down significant amounts to its debt by the end of 1987. And they need to pay down some debt in order to improve their working capital which was fine in 1983, but because of expenses (possibly related to the installation of the information system) in 1984 its working capital has soured.

Macbeth And Lady Macbeth Essay Essay

Complex relationships between main characters are often crucial to our understanding of a plays core issues. â€Å"Macbeth† by William Shakespeare is a play that features a breakdown in the relationship between two main characters. Macbeth and his wife begin the play with a desirable relationship but as the plot progresses, his ambition pushes him to commit regicide and many other murders so their relationship dissolves and disintegrates. The breakdown of their relationship has a significant impact on the play. At the beginning of the play Macbeth and his wife are loving to each other: when Macbeth writes a letter to Lady Macbeth and calls her his â€Å"dearest partner in greatness†. This shows he sees her as his equal. The breakdown of their relationship is caused by many things, the most obvious is the murder of King Duncan. Macbeth and Lady Macbeth react in very different ways: Macbeth is overwhelmed with guilt and regret â€Å"Sleep no more: Macbeth has murdered sleep† this shows how uncomfortable he feels with the crime he has committed as he won’t be able to sleep because of the guilt he is experiencing. Lady Macbeth reacts completely opposite to Macbeth. She is calm and practical, telling him to wash his hands â€Å"A little water clears us of this deed† this shows how optimistic she is to think that water can wash away the guilt. Lady Macbeth takes control in their relationship as Macbeth is very weak and she questions his bravery and manhood, therefore they are no longer affectionate towards each other. The mental suffering they both go through after the murder is another factor that contributes to the breakdown of their relationship. After being crowned King, Macbeth confesses he is discontented. â€Å"To be thus is nothing, but to be safely thus†. He has the idea that Banquo will become King and fears it will come true. At the same time, Lady Macbeth is feeling a similar disappointment: â€Å"Nought had, all’s spent when our desire is got without content†. Yet the pair are not communicating at this point. Lady Macbeth has to ask her servant to tell Macbeth she wants to speak with him and he is plotting to have Banquo disposed of but keeps this information from her.

Law of Sale of Goods (Part I)

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