Standardized Testing Essay examples -- Standardized Testing Essays

Standardized TestingEvery year thousands upon thousands of children, ages seven and upwards induct down to take their scheduled standardized tests. This generation has been classified as the most tested in history. Its progress through childhood and adolescence has been punctuated by targets, happen upon stages, attainment levels, and qualifications (Stalin in School 8). Each year the government devises a new standard and then finds a way to test how each student measures up to this standard. They have come to the conclusion that the easiest way to chart the success of shoal reform is to follow the results of standardized testing. But rating education strictly by the numbers is the wrong way to measure a process as complex as learning, and teaching kids how to memorize facts and remember dates is an altogether different accomplishment from teaching them how to make sense out of new ideas and experiences.This system of testing currently used is found on academic standards. These academic standards are all the way compose expectations of what every child should know and be able to do at specific grade levels. They usually only test the core school subjects such as math, science, language arts, and social studies. For example, in Wisconsin, the standards were written for English/Language Arts, Math, Social Studies and Science at the 4th, 8th, and 12th grade levels (Standards and Assessments Q&A). These standards are usually written by educators, and parents serving on special committees and sometimes by commercial test makers. However, as you will see these standards do non cover authorized learning.True learning involves teaching the students to think logically and form their own conclusions based on facts and inferences, not memorization and regurgitation of facts. These facts would be useless to the students if they were not able to use logic to connect these facts and make educated decisions. Nevertheless, the core school subjects do not include this. According to Brady, ?School subjects are conscionable convenient organizers of information. As all effective teachers know, the real challenge isnt to stuff kids heads with secondhand information, but to teach them to think, to draw inferences, generate hypotheses, formulate generalizations, explore systemic relationships, make defensible value judgments, and so on.? Education is not about how well a student can me... ...terns, evaluate situations, and make inferences and logical decisions based on facts and observations. And furthermore rating education and a student?s progress strictly through numbers is the wrong way to measure a process as complex and intricate as learning. Works CitedBrady, Marion. Not-yet-answered questions about standardized testing. Knight Ridder/Tribune News Service 28 Jan. 2003 K.Clarke, Kevin. Why students are feeling so testy. U.S. Catholic July 2000 27.Gallagher, Tom. The Case Against Standardized Testing Raising the Scores, Ruining the Schools. The Progressive Aug. 2001 44.How Standardized Testing Damages Education. FairTest The National Center for Fair and Open Testing.Moon, Tonya, Catherine Brighton, Carolyn Callahan. ? call forth standardized testing programs friend or foe of gifted education? (On Gifted Students in School). Roeper Review Wntr 2003 49.Morse, Jodie. To Test and Test Not. Time 6 Oct. 2000. 27 Mar.2003. Stalin in School. New Statesman 17 June 2002 8.Standards and Assessments Q&A. Advocates for Education of Whitefish Bay.2002. 27Mar.2003. http//www.fairtest.org/arn/wislet.html.

History of Costa Rica :: Culture Cultural History Essays

History of Costa RicaHuman habitation can be traced back more than 10,000 years but it appears Costa Rica was sparsely populated and a relative backwater in the pre-Columbian era. There is little sign of study communities and none of the impressive stone architecture that characterized the more advanced well-bredizations of Mesoamerica to the north and the Andes to the south. When Columbus arrived near Limn on September 18, 1502 on his third and prevail voyage to the the Statess, there were probably no more than 20,000 indigenous inhabitants They lived in several autonomous tribes, all with distinct cultures and customs. Costa Ricas only major archaeological site is at Guayabo, 30 miles east of San Jos, where an ancient city, dating back to 1000 B.C. and though to have contained 10,000 people at its peak, is currently being excavated. umteen interesting capital, jade and pottery artefacts have been found throughout the region and are on display in several museums in San Jose. The Indians gave Columbus gold and he returned to Europe with reports of a plentiful supply of the yellow metal. But the adventurers who arrived to cash in found only hostile Indians, swamps and disease for their trouble. Several former(a) attempts to colonize the Atlantic coast failed for the same reasons and for almost half a century Costa Rica was passed over while colonization gathered pace in countries to the north and south. In 1562, the Spanish mains administrative center in Guatemala sent Juan Vasquez de Coronado to Costa Rica as governor and Cartago was established as the capital the following year. With no Indian slaves to work the land, the colonists were forced to work the land themselves, scratching out a meagre subsistence by tilling small plots. The impoverished colony grew belatedly and was virtually ignored by the Spanish rulers in Guatemala. By the late 18th century, the settlements that would buela had been founded and exports of wheat and tobacco were making eco nomic conditions somewhat better. Central America gained independence from Spain on September 15, 1821. The news reached Costa Rica a month after the event. The question of whether Costa Rica should draw together newly independent Mexico or join a new confederation of Central American states resulted in a bitter quarrel between the leaders of San Jose and their counterparts in Cartago and Heredia. A brief civil war in 1823 was won by San Jose and Costa Rica joined the confederation.

The History of Math Essay -- Mathematics Education Logic Numbers Essay

The History of Math Mathematics, study of relationships among quantities, magnitudes, and properties and of logical operations by which unknown quantities, magnitudes, and properties may be deduced. In the past, mathematics was regarded as the science of quantity, whether of magnitudes, as in geometry, or of calculates, as in arithmetic, or of the generalization of these two fields, as in algebra. Toward the middle of the 19th century, however, mathematics came to be regarded increasingly as the science of relations, or as the science that draws necessary conclusions. This latter view encompasses mathematical or symbolic logic, the science of using symbols to run an exact theory of logical deduction and inference based on definitions, axioms, postulates, and rules for combining and transforming primitive elements into more than complex relations and theorems. This brief survey of the write up of mathematics traces the evolution of mathematical ideas and concepts, beginning in pre history. Indeed, mathematics is nearly as old as humanity itself evidence of a sense of geometry and delight in geometric pattern has been found in the designs of prehistoric pottery and textiles and in cave paintings. Primitive counting systems were almost certainly based on using the fingers of one or both hands, as evidenced by the predominance of the numbers 5 and 10 as the bases for most number systems today. antique Mathematics The earliest records of advanced, organized mathematics date back to the ancient Mesopotamian country of Babylonia and to Egypt of the 3rd millennium BC. There mathematics was dominated by arithmetic, with an ferocity on measurement and calculation in geometry and with no trace of later mathematical concepts such as axioms or proofs. The earliest Egyptian texts, composed just about 1800 BC, reveal a decimal numeration system with separate symbols for the successive powers of 10 (1, 10, 100, and so forth), just as in the system used by the Romans. Nu mbers were represented by writing down the symbol for 1, 10, 100, and so on as many times as the unit was in a given number. For example, the symbol for 1 was written five times to represent the number 5, the symbol for 10 was written six times to represent the number 60, and the symbol for 100 was written three times to represent the number 300. Together, these symbols represented the number 365. Addition was d... ...eat impetus to areas of mathematics such as numeral analysis and finite mathematics. It has suggested new areas for mathematical investigation, such as the study of algorithms. It has also become a powerful tool in areas as several(a) as number theory, differential equations, and abstract algebra. In addition, the computer has made possible the solution of several long-standing problems in mathematics, such as the four-color problem commencement proposed in the mid-19th century. The theorem stated that four colors are sufficient to color any map, given that any two countries with a contiguous boundary take aim different colors. The theorem was finally proved in 1976 by means of a large-scale computer at the University of Illinois. Mathematical knowledge in the modern creative activity is advancing at a faster rate than ever before. Theories that were once separate have been incorporated into theories that are both more comprehensive and more abstract. Although many important problems have been solved, other hardy perennials, such as the Riemann hypothesis, remain, and new and equally challenging problems arise. Even the most abstract mathematics seems to be finding applications. Word Count 4793

Examine and compare the ways in which Pat Barker in Regeneration and Es

Examine and compare the ways in which Pat Barker in Regeneration andWilfred Owen in his poetry explore the nature of life in the trenches.Pat Barker and Wilfred Owen are both successful writers in deliveringan insight into trench life from the perspective of a soldier,although in different ways. Owen, being a soldier himself, has hadfirst hand experience of trench life and describes the pity of war, inthat war is a waste of young, innocent lives, and the bitterness ofthe soldiers towards the people who do not have to fight. WhereasBarker recreates trench life through the nightmares, hallucinationsand memories of the soldiers. Despite the fact that Barker is a modernwoman writer she thus far manages to write a realistic view of theeffects of war on soldiers. We forget that she would have had to doextensive research to get her information so detailed, in particular asshe combines real characters such as Graves and Sassoon, with herfictional creations. There are several themes explor ed in the work ofboth writers, the force of nature and the dangers in the trenches,explored in Exposure. The hatred and bitterness towards shirkersexplored in The Dead Beat. The torment and terrible conditions thatthe soldiers had to put up with, in Dulce Et Decorum Est, and howthe soldiers began to speak up that it would be easier to end their livesin war than to live through another day of horror, explored inAterre.The title Exposure says enough about the dangers in the trenches,the risk of death and exposure to the confrontation and exposure the naturalelements. Owen describes the intensity of the merciless iced eastwinds that cut through the soldiers like a knife. Creating a viciousimagery of trench c... ...his poem barmy with All Regrets Owen describes how here in thiscoffin of a bed, his regret is that after so much time being trappedin the trenches with so much time to just sit and think, it is onlynow that he appreciates life and how important it is. The comparisonwith R egeneration is that Prior, Sassoon and the others are stilltrapped and still have hours to think of what it is they have and aremissing by being locked up in Craiglockhart.The work of both Barker and Owen captures the realism of what thesesoldiers in reality went through, without actually trying to sugarcoatit for the audience back at home. We are able to understand a littlebetter why the soldiers got so close in war and why they hated thecivilians so much. I can say that after reading Regeneration andWilfred Owens work I will never think about war in the same way again.

Evolution Vs Creation :: essays research papers

Creation vs. EvolutionIs Evolution Biologically Impossible? How creationists justify their position against the evolutionary process, and how evolutionists answer them.The sweep over Odds against Spontaneous GenerationPerhaps the most common scientific argument against the evolutionary theory used by creationists is the mathematical impossibility for the event of successful changes in the desoxyribonucleic acid that actually results in a development of a new or modified species. What are the chances of evolving the desoxyribonucleic acid molecule - all-important(a) to all life - by natural processes? Without an outside controlling designer of some kind, it is virtually impossible.Creationists argue that the complexity of a cell is extremely modern and that the new and detailed understanding of the DNA molecules has revealed enormous problems for evolutionists belief in materialism. Creationists argue that in function, DNA is somewhat like a computer course on floppy disk. That it stores and transfers en write in coded information and instructions. They refer to publications saying that the DNA of a human stores enough information code to fill 1,000 books each with 500 pages of genuinely small closely printed type. Creationists compare the DNA code with computers, they say that DNA produces a product far more sophisticated than that of any computer. This enormous represent of instructions fits within a single cell and routinely directs the formation of entire adult humans, starting with just a single fertilized egg. Even the DNA of a bacterium is highly complex, containing at least 3 million units that all are aligned in a very precise, meaningful sequence. DNA is described as a miniaturized marvel and with information so compactly stored that the amount of DNA necessary to code all the people living on our planet might fit into a space no larger than an aspirin tablet. Creation scientists are convinced that cells containing such a complex code and such intricate chemistry could never have come into being by pure, undirected chemistry. They claim that no matter how chemicals are mixed, they do not create DNA spirals or any intelligent code whatsoever. Only DNA reproduces DNA. Creationist also refers to scientists who calculated the odds of life forming by natural processes. most estimated that there is less than 1 chance in 1040,000 that life could have originated by random trials. 10 to the 40.000th is a 1 with 40.000 zeros after it However, here I found many different calculations published. Some said the chance was 10 to the 4.

Evolution Vs Creation :: essays research papers

Creation vs. EvolutionIs Evolution Biologically Impossible? How creationists shrive their position against the evolutionary process, and how evolutionists answer them.The Overwhelming Odds against Spontaneous GenerationPerhaps the most common scientific argument against the evolutionary theory utilize by creationists is the mathematical impossibility for the occurrence of successful changes in the DNA that actually results in a development of a new or special species. What are the chances of evolving the DNA molecule - crucial to all life - by natural processes? Without an outside controlling designer of some kind, it is virtually impossible.Creationists argue that the complexness of a cell is extremely sophisticated and that the new and detailed understanding of the DNA molecules has revealed enormous problems for evolutionists belief in materialism. Creationists argue that in function, DNA is equitable about like a computer program on floppy disk. That it stores and transfers en encryptd information and instructions. They refer to publications saying that the DNA of a human stores enough information enter to fill 1,000 books each with 500 pages of very small closely printed type. Creationists compare the DNA code with computers, they say that DNA produces a product far more sophisticated than that of any computer. This enormous set of instructions fits within a single cell and routinely directs the formation of entire adult humans, starting with just a single fertilized egg. Even the DNA of a bacterium is highly complex, containing at least 3 million units that all are aligned in a very precise, meaningful sequence. DNA is described as a miniaturized marvel and with information so compactly stored that the amount of DNA necessary to code all the people living on our planet might fit into a space no larger than an aspirin tablet. Creation scientists are convince that cells containing such a complex code and such intricate chemistry could never have c ome into being by pure, undirected chemistry. They claim that no matter how chemicals are mixed, they do not create DNA spirals or any intelligent code whatsoever. Only DNA reproduces DNA. Creationist also refers to scientists who calculated the odds of life forming by natural processes. Some estimated that there is less than 1 chance in 1040,000 that life could have originated by random trials. 10 to the 40.000th is a 1 with 40.000 zeros after it However, here I found many different calculations published. Some said the chance was 10 to the 4.

Hafford furniture Essay

A Crisis at Hafford Furniture Cloud Computing Case resume MMBA 507 Student ID 300333323 PROBLEM DESCRIPTION Hafford Furniture was a furniture manufacturer since 1970, supplying to furniture retailers, wholesalers and occasion in ally one-time bulk purchasers across the United States. Hafford relied on a Business Information System (BIS) to handle all the internal furrow processes. The BIS was seamlessly connected to a VAN-based EDI system, which served as the customers interface for making orders.In 2008, Haffords entire IT infrastructure and data storage were destroyed by a massive hurricane. Hafford was able to restore the company data with its disaster recovery plan, but not all its IT function. In March 2009, VP of IT proposed in a management meeting to adopt SaaS veil solution to restore the IT function. Hafford could access to the uniform(p) BIS without having to worry about the cost to rebuild another IT data amount. He projected that the IT staff strength could be halve d, as the cloud vendor would draw back care of the management of the softwares platform and its infrastructure.The next day, the president of Hafford ignored the internal decision-making protocol and contracted their disaster recovery vendor, PFI Services for that same cloud service. In January 2010, Hafford was faced with appalling sales report for the year before, mostly ca utilize by bottlenecks in the ordering system donjoned by PFI. non only was the cloud capability insufficient, PFI was in addition filing for bankruptcy and undergoing liquidation. Hafford once again fell into a desperate situation. REVIEW OF KEY ISSUES Management issues drop of Corporate governance The weak corporate governance in Hafford is especially notable in the fundamental transform process. While there was an internal insurance for creating a fundamental change in Hafford (Fig 1), Feckle, the President, had ignored it by entering into a cloud contract without consulting any of his top management, just one day after the premature proposal was shared with him. It was extremely risky to make such a significant line of work decision without sufficient knowledge in the service that he engaged.To make a well-informed decision, Feckle should have adhered to the corporate policy and trusted the IT professionals to evaluate and recommend a suitable vendor. Figure 1 Fundamental change policy 2. Failure to think critically during decision-making It is understood that Hafford used to adopt a VAN-based EDI-system specifically due(p) to its security, despite it being slow-moving and more costly. In Norris proposal for using cloud, he altered the companys priority by pushing for an internet-based EDI-system, without providing solid justification. Questions interchangeable will the internet-based EDI change the business in any way? or will it compromise customers security? were not asked. The management seemed to have accepted this change too easily, without discernment its impacts. This concern should have been analysed more thoroughly before concluding to transit to an internet-based EDI-system. 3. Poor understanding of business needs The IT objective was not fully line up with the business objectives. For example, in 2009, while the company was expecting a 30-35% increase in sales due to the efforts in a series of product improvements, the IT aggroup was preparing a cloud proposal to the company basing only on the old IT functions.It had missed out on considering how it could support an explosive sales surge. Furthermore, Hafford was switching its VAN-based EDI to an internet-based EDI, which could potentially let Hafford to wide-eyedn its reach to attract a new group of SME customers. This could play a part in increasing their sales. However, Hafford did not foresee these changes, likely due to lack of communication between departments within Hafford. IT issues 1. Lack of thorough analysis in cloud computing The IT group failed to conduct due diligence in exploring all workable solutions that could meet its needs.While cloud offered great advantages for the company, it might have been too hasty to consider only private cloud as the final solution. In fact, public, private or hybrid cloud offered contrastive potentials and could achieve the goal within competitive cost as well. The IT team should also have analysed each cloud model against its business needs before determining if software as a service (SaaS), platform as a service (PaaS), infrastructure as a service (IaaS) or a combination of services would work best. 2.Lack of on-going management While cloud is utter to be flexible, it demands some level of active management to harness the most of it after implementation. The IT team should be able to react quickly to resolve problems like the order bottleneck or a data lock-in. Besides, the IT team should have been more vigilant in ensuring business continuity for the company. RECOMMENDATION The key calamity observed in the case was the lack of understanding in cloud computing and the lack of communication in the company.Like any other business decisions, the management should have exercised prudence by developing clear objectives and analysing the opportunities and threats before arriving at its conclusion. In this section, a recommended methodology to approach Haffords IT restoral problem is presented. pure tone 1. To develop business objectives The most important step is to approach a business problem with a clear business objective. It will be necessary for the management to look at the restoral of the IT centre as a collaborative business problem. Communication within the organisation is crucial in aligning all the stakeholders goals.With effective teamwork, the IT will appreciate the business values better and be able to analyse the suitability of various options. Step 2. To compare various viable options The IT team should research on what the available solutions are, before zeroing into a p articular infrastructure option. While the restoral of a physical data centre may be expensive, there may be payment structures that could help reduce the impact. On the other hand, cloud computing may appear cheaper but it inextricably exposes users to a range of risks, especially in the aspect of security.Also, there are hybrid options that can minimise risk while offering cost benefit. In short, the IT team should fully understand the merits and shortcomings of the following options before selecting the IT infrastructure. 1. Public cloud 2. Hybrid cloud 3. Private cloud 4. Public cloud Physical data centre 5. Physical data centre Step 3. To choose the suitable cloud service model There are three common service models in cloud computing. It is important to evaluate each models attributes and determine which cloud model would be more suitable for the business needs. 1. Software as a service (SaaS)To understand threats and opportunities of cloud computing Cloud computing offers the following powerful advantages but also opens a gateway to a wide range of threats. 1. Elasticity Usage-based pricing model, charging users only for the capacity used Scalability in terms of network and speed depending on demand 2. Simplicity Setting up and maintaining a data centre can take significant manpower. Cloud computing offers convenient and economical business solutions to clients, while taking advantage of the sparing of scale by taking care of one specialised area in bulk. 3. Cost-efficiency No capital cost required.Companies benefit from the transference of risk (of over-provisioning and under-provisioning) of investing in a private data centre. While accepting these benefits from cloud, users should also exercise due diligence by being aware of all the possible problems cloud computing brings. Some of the crucial problems are outlined as follows. 1. Business continuity There is always a risk with placing valuable business information with a single third party. As such, the best way to go about is to even out the risk by employing multiple cloud providers and devising a business continuity strategy should any of them fail.Data lock-in It would be risky for a company to be unable to easily back down their data and programmes from one cloud provider to another due to compatibility issues of the programme and data from one cloud provider. In order to mitigate this risk, SaaS developer could use standardised API so that the business can remain flexible and mobile. 3. Data security While most cloud providers invest a considerable amount of tutelage on managing security, users should assess the security standards adopted by the cloud provider against their requirements before engaging it. 4.Insufficient capacity Although it is said that cloud is scalable, in ancient occasions, businesses may experience traffic surges beyond what their contracted cloud can offer. Hence, it is important to strategize carefully before deciding on the cloud service . Step 5. Choosing the cloud vendor After thorough analysis and establishing a clear description for the cloud service needed, the user will have to evaluate the following factors to take at the most suitable vendor. 1. Pricing structure While cloud vendors typically follow a pay-as-you-use pricing model, pricing structure varies.For example, Google AppEngine charges users by the cycles used while AWS charges by the hour for the number of instances the user occupied. 2. Security Users need to look at a cloud services physical as well as network security. This refers to the physical location the cloud provider houses its equipment and network security measures like firewall and data encryption. Also, a cloud provider should be compliant to government standards specific to your business. In the case of Hafford Furniture, it was an auditing requirement for Hafford to ensure the cloud vendor is compliant with Statement on Auditing Standard No.70. 3. Other factors A clean record does not promise anything, it would be beneficial to also look at the vendors track record against available benchmark systems. Also, it would be helpful to have a vendor that can provide reasonably good service. Hence, it is important to know about the extent of customer support services, the setting up process and the servicing response and resolution time. Step 6. Engagement of cloud vendor and getting started During cloud rollout, especially from a different sort of data management, it would be common to face various teething problems.Cloud vendor should try to achieve seamless implementation, and companies might need to swot up their staff and/or customers should it affect their routine jobs significantly. Step 7. On-going active management of the cloud service Internal IT team should be continuously vigilant towards possible threats to ensure that the cloud service adopted by the company is safe and secure. Active backups of data must not be neglected. Also, internal feedback review s could help the IT team understand the possible difficulties faced by the users, and also stay up to date with the companys business initiatives.

Needs of Customer Essay

Greeting ServiceWhen customers walk of life into a restaurant, whether it is McDonalds or Chez Pierre, they expect to be acknowledged. This is a small serve well, but it is imperative to the achiever of the restaurant, as customers who are non greeted may simply walk out and eat somewhere else. The type of host a restaurant has will front on the type of restaurant it is as well as how busy it is. Some restaurants pay hosts to greet customers, call names off waiting lists and walk customers to their tables. In other restaurants, management and wait staff take over this duty. Regardless of what you can afford for your restaurant, always make sure someone has the accountability of greeting the guests and that person knows it is her responsibility.Wait StaffWhen customers go to a restaurant, they expect a good wait staff, unless they are dining at a fast-food chain. tear down then, customers expect the counter workers to get their orders right in an appropriate amount of time and solve problems quickly and courteously. In traditional, sit-down restaurants, customers expect the wait staff to be attentive, but not too attentive. Wait staff should not hover or interrupt, but they as well should come back frequently complete to attend to their customers needs. In addition, they should bring food in a timely modal value and handle problems, such as food that has been sent back pleasantly. Customers also expect wait staff to be friendly and personable.EnvironmentCustomers usually go to restaurants to meet with others socially in a friendly environment. Although environment is not usually considered a service, service plays a large role in creating a good environment. In addition to making sure the restaurant is clean, beautiful and the decor is consistent with the food and restaurants image, restaurant owners need to tell their staff its OK to let guests linger. Wait staff should not hint that it is time for the guests to go. For example, they should not rush the food to the table unless the customer requests it. They also should not start to clean nearby tables in an obvious manner or wait for customers to get out their money to pay the check. To the contrary, wait staff should say things like, Feel free to chat as long as you like let me know if youll need some dessert or a drink refill.Food and DrinkProbably the most significant service that a customer expects to receive when dining out is a good filling of delicious and well-presented food. According to London wine writer Jamie Goode, it is more important that food be simple and good tasting, made with quality ingredients, than to be fancy or pretentious. Goode also notes that customers expect a large wine selection that is not overpriced. Furthermore, customers expect food to be consistent with the image of the restaurant. Customers who are dining at a family restaurant, for example, expect sandwiches, traditional dinners and moderate prices. At a more elegant restaurant, prices can be higher but food needs to be more of the gourmet variety.

1492-1750 Global Transformation

The time period of 1492 to 1750 was a time of global transformation as intumesce as continuity in the social and economical aspects. Regions such as Africa, Western Europe, and the Americas changed because of the many affects the Colombian Trade. Different imports and exports that each region had drastically changed a great deal of the economic and social aspects of the time. These regions followed a path of continuity in many things and because of the ever-expanding communication going on, social structures were produced and flawed. 492 marked the beginning of the Colombian Exchange, unifying the easterly and Western hemispheres across the Atlantic, socially and economically. Europe and the Americas exchanged crops, food, technologies and diseases. The Americas suffered the most from the diseases given to them, like typhus and small pox, which created a population loss. The exchange of livestock had brought the dollar bill to the Americas, which transformed the lifestyle of the n omadic Plains Indians.At this time trans-Saharan slave trade was already in existence and soon after the Western Hemisphere had their share of African slaves, this is known as the trans-Atlantic slave trade. Because European diseases had killed off many Native Americans, African slaves were sought out. Slaves fueled the Americas economy and they soon entered the global economy. At this raze Europe and the Americas had started taking away Africans from their homes and forcing them into slavery.This mostly occurred in the Americas because of the need for labor. The need for labor came from the huge decrease of population because of the Spanish conquistadors and the diseases brought over by the Colombian Exchange. Plantation slaves in North America blended their culture with that of the Western Hemisphere. In the Americas, social hierarchy was taking place because of the miscegenation of races. Towards the end of this period, the effectual economy of Europe was growing rapidly and a middle class had started to form.Because of these new global contacts, Western Europe remained unchanged socially but this wasnt clearly the same for Africa. Even though it seems there was a surplus of slaves in the Americas and Europe, there was a continuous high demand for slaves in Africa. Socially, Africa was done for(p) and many societies began to fight for their share of slaves in hopes of having powerful economies like that of Western Europe.Interaction between Western Europe, Africa, and the Americas resulted in change and continuity during 1492 to 1750. At the beginning, Columbus had get together the New and Old worlds that created interconnectedness that to this day hasnt been broken. The slave trade brought many social changes in all three of these regions as well as destroyed or powered their economies. The continuous contact between these regions changed what was known to them in previous years and periods of time.

Australian visions Essay

Different Australian visions are often portrayed in dissimilar texts and motion pictures. Australian film purely dance palace 1992 is a great example as the director uses in truth over-the-top and theatrical style of filmmaking to present a humorous story that reflects various ideals in Australian connection with cinematography and film techniques. The movie non only showcases the persona of the underdog especially through the character of Fran, but also illustrates the judgment of multiculturalism and the idea of achieving ambitiousnesss on the prop up of Australia, which are all concepts that relates to different aspect of Australian visions. On the other hand the poem My country written by Dorothea McKellar, expresses other ideals of Australia that are more directly related with the land. Through the use of poetic techniques such as metaphor the poet was able to depict both the rude(a) danger and saucer of the nation that are also valued as important part of Australian vi sions. One of the main focuses of the movie Strictly Ballroom is the characteristic of the underdog, a term that is closely associated with Australian values.The belief of giving everyone a fair go is fully expressed through the story slew of Fran, whom like the ugly duckling was transformed into something beautiful by the end of the movie. This concept is expressed through the Baz Luhrmanns portray of this character. The juxtaposition between her first air and her performance at the end fully showcases Frans role as the underdog. This is reinforced with her red dress and the lighting used during the ending of the movie. Differs to other contestants costume that looked superficial and over-the-top, the authentic colour of red used for Fran made her stood out as a glamorous, confident and beautiful woman, which is completely different to her seemingly uninviting first look from the start of the film.This is further on supported by the lighting of the movie, which not only focuse s on her and Scotts dance, but also stresses the extend to of the red costume, making the dress almost a dramatic symbol of her successful transformation and achievement within this film. On the other hand, the impact of her appearance also fully represents Australians idealisation of the underdog. Another theme of Strictly Ballroom is the idea of multiculturalism as this movie depicts the transformed modern society that accepts and embraces cultural differences.This is expressed through the use of music in the film. For most part of the movie the music used is traditional ballroom scores or Australian classic songs such as time after time, which makes the simple instrumental Spanish music played in Frans abide stood out. This not only illustrates the differences between Fran and Scotts background but also puts the audience into the characters shoes to experience another type of dancing and culture that exists on the land of Australia.This concept is again strengthened at the las t scene of the movie when all the audiences joined with Scotts parents and danced together. The long piquancy that presents the unified crowd combines with mid shots that focus on specific people like Frans father who has different background reinforce the positive connotation of multiculturalism. This also presents Strictly Ballroom as a movie that mirrored the value of contemporary Australian society, which is all about acceptance and embracement. The pursue for dream is a concept that is mettlesomely valued in Australia and the movie Strictly Ballroom relate this idea with the notion of overcoming fear and the challenge of authority. The focus on lines such as A life lived in fear is a life half lived shows the importance of this in relation to the characters depart of achieving their goals. However their desire is often dishearten by the dancing federation.The continuous use of low angle shots and the lack of music playing when characters such as Barry Fife talked establish their state of power, which the main characters have to conquer. This also made the scene from end of the movie highly symbolic. With the success of Scott and Frans performance, there was a high angle shot depicting a falling Fife who tumbled with the trophies on the table that contrasted with the previous use of low angel shots. This scene not only served as a comic relief for its audience but also represents the downfall of the authority, stressing the significance of this confrontation in terms of the Scott and Frans accomplish of their dream. In condition of this film, these ideas reflect the possibility of reaching ones goal in Australia. Just like the persona of the underdog this also relate to the stereotypical notion that this land typify a sense of hope and opportunity.My country written by Dorothea Mackellar is a poem that illustrates both the natural beauty and danger of Australia, depicting very different visions of the same nation in comparison to Strictly Ballroom. Th e poets repeated usage of various stones to describe the naturescenery of this country not only stresses the authenticity of those features, but also made the stones a metaphor for the lands flawlessness. This is seen through lines such as An opal-hearted country and Sapphire-misted mountain, which always reinforce the genuine notion of beauty in Australia. On the other hand Mackellar also uses personification to describe the danger of this land. Lines such as Her beauty and her terror and her pitiless blue sky strengthen the image of the threating nature environment, giving the readers a real sense of fear and adoration for the poets country. evening though this text shared limited similarity with Baz Luhrmanns Strictly Ballroom, it still manages to express visions and depictions of Australia that is highly valued in this nation.

Founding fathers Essay

This paper seeks to explore whether Americas founding fathers were men of share and concourse who were not driven by person-to-person political inspiration. Some of the fathers examined in the study include Alexander Hamilton, Aaron Burr, Thomas Jefferson, gum benzoin Franklin, George Washington, John Adams and James Madison (Ellis, 1- 2). Character can be looked at as the private traits that atomic number 18 attributed to an individual and which guides his intentions. A man of character reference is that person who lives by principles and motives that are virtuous and desired by the people he is dealing with.These principles and motives should also be acceptable according to the ethical standards set by the society. Personal ambition is when a person sets and focuses on achieving targets which are aimed at individual satisfaction. One is said to be driven by personal ambition if these targets are the motivating factors behind his actions. In the book foundation Brothers by Joseph J. Ellis, the founding fathers were politicians who pursued great ambitions through various avenues.The political rivalry, pride, jealousy and personal ambition however drove them into doing things that do not characterize all of them to be called men of character (Ellis, 10, 16, 23). Nonetheless, most of their activities yielded personal political gratification as well as contributing in some guidance to the creating of America as a nation. According to Ellis (75), it is due to selfishness and personal interest that the then former secretary of the treasury Alexander Hamilton and sitting Vice death chair Aaron Burr ended up in a duel that turned step to the fore to be fatal as Burr fired a detrimental short that killed Alexander.The two men who were on both sides of the political divide Democratic Republican vs. Federalists allowed their hatred to take charge of their thoughts. Alexander did not like Burr because the later captured a Senate seat from Philip Schuyler wh o happened to be Hamiltons father-in-law (Ellis, 172). A man of character at this point would have accepted defeat and allowed country to prevail. In addition, Hamilton comes out as a nepotist who placed personal ambition before the interest of the nation for finding it had to accept that Burr defeated his telling Philip Schuyler.The despicable opinion expressed by Alexander against Burr which triggered the argument ending in the duel depicts him as a man who lacked character (Ellis, 113,140). A man of character uses his words wisely in away that does not harm the feelings of his audience but communicates the needed information. Instead of pushing Aaron Burr yet in the New York Gubernatorial election by endorsing a candidate who ended up beating Burr and widening their differences, a man of character would have swallowed pride, buried their differences and offered his support or remained neutral to reconcile their differences ( Ellis, 160).This is because men of character appreci ate differences of opinion and not taking things personal. However, Hamilton manifested reliable character by intentionally wasting his bullet and keeping his pre-duel promise by not shooting Burr. The spirited push for the establishment of permanent national capital on the Potomac River was a great fiscal policy that credits him with fighting for the welfare of the nation and not his personal political ambition. His support for Jefferson against Burr due to the last mentioneds ill intention shows his concern for the nation.According to Ellis (194) we can say with profound confidence that Aaron Burr was not a man of character found on his murder of Hamilton and treason accusation. He comes out as an arrogant man capable of doing anything to acquire power and retain power. Hunger for power is a vice that is not associated with men of character. Even after loosing his Vice-presidency in an election, he was still driven by personal political ambition to the extent of lacking(p) to betray his own nation.This is evident in his conspiracy to steal Louisiana Purchase lands away from the United States and crown himself a King or emperor moth (Ellis, 201) Before his election to presidency, Thomas Jefferson and James Adams forged a relationship that contributed immensely to the American nation. It is this good rapport that prompted Hamilton to prefer his candidacy to that of Burr. In malignity of all these, his rebellion and disregard of other leading for not working his way does not reflect his good character but he comes out as a person who prefers things to work out in his way.This can be illustrated by his opposition to George Washingtons policies which were regarded by many as being in the interest of the nation (Ellis, 240). He was also angered by John Adams win for presidency which made him to recant Adams attempt to incorporate him into the cabinet. As a man of good character, he should have accepted the gratitude and acknowledgement extended by his acc omplice to serve in the cabinet. This incident also shows that he allowed his personal political ambition to supersede the interest of the nation by refusing to serve in the cabinet.His acts of character assassination on John Adam reveal his hate and unethical conduct (Ellis, 343). However, Adams reaction warrants his consideration as a good man who was just trying to help the nation. From his policies and politics, Washington can be considered as a respectable politician who went beyond his personal political ambition to serve the nation. For instance, through the promotion of national unity and highlighting the danger of partisanship and party politics (Ellis, 256).On the issue of slave trade, all of these leaders stand accused especially Madison as a man who lacked character by promoting this form of oppression to develop their nation except Benjamin Franklin who spoke out against it while championing freedom for all (Ellis, 317) Conclusion. Looking at the early political days of the founding fathers, we can conclude that some of them had their personal political ambition that tarnished their good character while others maintained their ethical standards and respect while serving the nation.For instance, controlled by personal political ambition, Thomas Jefferson set-aside(p) in activities that eroded his character as a good man. This trend however changed in old age as he tried to posit his faults including reconciling with John Adams (Ellis, 406). From the above discussions, I can conclude that not all founding fathers were men of character who were not driven by personal political ambition.Work CitedJoseph J. Ellis (2001). Founding Brothers. New York Wheeler Pub Inc.

Conditions & Warranty

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

British Gas Business Essay

A review of the British Gas bloodes current approach to collating, storing and using HR data within the organisation.FindingsBelow you will dislodge an overview of somewhat of the data that the HR operate on within British Gas profession collects. Within this report I will identify two reasons wherefore British Gas Business needs to collect HR data, and the current methods in which we store the data. I will also briefly touch upon some key legislation which if compliant, will reduce whatsoever financial or legal risks to the organisation.AbsencePerformance appraisals, Learning and Development (L&D) activity Employee Eng get onment results equivalence/Diversity To meet legal requirementsRecruitment Contractual informationEmployee InformationAccurate personnel records will help the organisation in many shipway increasing the efficiency of recruitment, training and development, and promotion. They can also provide the raw data to monitor equal opportunities issues and the le gal requirements placed on all organisations ACAS On bed thirtieth November 2014. One of the areas where there is need for collation of data is we are able to track volumes of employees currently being performance managed within the organisation to then nurture identify whether this is a behavioral or skill issue where further training is required. This then helps us to define our learning programmes moving forward and cut the content around any shortfalls which may have been identified through Training Needs Analysis (TNA) within performance management.Another area that the HR function collates data for is for Absence. This is one of the longest-running causes of serious concern to managers. Unapproved absence from work causes a multitude of problems to managers and involves the organisation in significant extra costs. (Currie et al, 2010, p.293). all absence data within each business unit (and then business wide across British Gas) is centralised using the data udder Absence Manager. This helps us to track against our performance and resourcing for mint and establishwhether recruitment or redundancy plans would benefit the long term strategy of the organisation.The Human mental imagery function currently use an Information System (HRIS) which runs alongside our main billing system called SAP. Within SAP all Line managers have chafe to view employee information (direct reports only), process secondments or job role changes, and change manage details. The benefit of this is that the data is easily portalible and is consistent in line with any people movements within the business. Alongside this system there is also a requirement for some documentation to be stored manually. This is then kept for 6 years, regardless of whether that individual is still in employment with British Gas Business. This is beneficial for any documentation which requires employee signatures or verification. This could be disciplinary documentation to any learning that has take n place.Using the internal HRIS British Gas Business complies with the Privacy and Electronic Communications Regulations 2003, which covers the security and confidentiality of the retention of data. We do this by ensuring that access to the HR online system is done only registered through authorised access and then a further password security check. British Gas Business also ensures that it keeps written documentation for no longer than 6 years in line with the Principles of the Data Protection Act 1998 (DPA).Once documentation reaches this age we contract to a disposal company to safely dispose of all confidential waste. The HR function also complies with all Subject Access Requests (SARs) which is governed by the Freedom of Information Act 2000 (FOI Act). Customers are able to place requests in writing to access all information held about them or their business on the organisations systems. The customer pays a one of fee of ten pounds and they are then issued with the information within 40 days of their request.Key FindingsBritish Gas Business is fully compliant with all key legislation in collecting and storing data within the organisation. I see no risk, financially or strategically from the methods we are currently using.BibliographyWebACAS. (2014). Personnel Data. Available http//www.acas.org.uk/index.aspx?articleid=717. Last accessed 30th November 2014. BooksCurrie, D (2010). Introduction to Human Resource Management. 2nd ed. London Chartered form of Personnel Development. 293 Introduction Activity 2Analysis of absence data for the Customer Care function of British Gas Business from steep take aim reported case volumes, to understanding the gender split of the absence recorded.SummaryBy analysing the data collated from our absence records, we can establish trends to enable the organisation to visualize to implement preventative measures to reduce overall long term absence levels. key findingsAbsence from the British Gas Business Customer Care funct ion is currently at its highest levels since 2010. The average number of days taken as absence within the short term sickness (STS) criteria (under 20 consecutive days), has change magnitude from 4.6 to 5.5 days per employee per rolling 52 weeks. The increase in long term sickness (LTS) registered within the organisation has increased by 0.8% over the past 4 years.LTS cases for 2014 are split into the pursuit reasons for absence and then subsequently by gender for all Stress (Work related) / Mental Illness reported absences.Of the 45 LTS idiom (Work) related cases registered in 2014, 23 were for male employees. This shows us a change in trend from previous years.For the first time in over 4 years we can see the greater proportion of stress (Work) /mental illness related absences is now reported by the male employee universe.conclusionsIn 2011 British Gas Business began its journey in implementing a new billing system. We can see a noticeable trend in the years following on from t hestart of this journey, with the volume of work induced stress related absences reported within the function. Throughout the function we have also seen a high natural attrition in the leadership team in 2014. This means that we now have less experienced leadership population who are progressing our people through their long term sickness absences.RecommendationsIdentify potential learning gaps through Training Needs Analysis (TNS) Test and Play drop in sessions for all employees Full review of the learning documentation and the online learning environment Wellbeing events throughout the system change timeline to be ran throughout the function i.e. purpose programmes, healthy eating, fitness checks, stop smoking programmes. Engagement temperature checks amongst the employee population Team leader workshops in identifying stress and supporting employees Review the benefits package for the leadership population to reduce churn Validation of the process within the leadership teams f rom day 1 of absence registered, through the fruition of policy outcomes Wellbeing days across function for all levels to understand support toolsreferences DataBritish Gas Business Absence Manager Data sample from 2010 2014. Accessed on the 17th November 2014. British Gas Business HR Function Team Leader Exit data 2014. Accessed on the 19th November 2014.

Shades of Gray

Shades of Gray Characters get out varlet depart is a twelve social class old boy who has brown hair and eyes. He is pretty clever and tries to outwit others. He is very loyal and compassionate. He is very sad and angry. He had lost his whole family due to the Civil War. He is the last surviving member of his immediate family as a result he comes to live with his auntyie and uncle. trillion J hotshots Meg is a ten year old girl and she is departs cousin. Meg is very curious and she is always asking questions. Meg does a lot of chores to help her parents care for their home.Meg has not been to nurture because of the war so she puke not read. Uncle Jed Jones Uncle Jed is a tall(a) strong man with a broad chest and muscular arms. He has dark hair with a full dark beard. He is a wise man who believes in himself and doesnt worry about what others think. He gets result to think for himself and teaches him many lessons. He chose to not iron out in the war with the Confederate s oldiers. He did not feel that there was a reason for the war. more people think he is a coward because of this. SummaryTwelve year old get out Page is a grieving and angry boy when Doctor Martin dish outs him to his relatives in the Piedmont region of Virginia. Wills family lived in Winchester, Virginia and had been wiped out in the Civil War. His father fought bravely in the Confederate host, his sisters died of a disease that Will is convinced was carried by the Yankees and his mother died soon afterward. Will is grieving for the lose of his whole family. He is angry with the Union Army for causing the war that took everything from him. Wills Mom had asked that Will be sent to live with her sister.Uncle Jed refused to take sides in the war and Wills family considered him a traitor and a coward. He does not to live with someone he does not respect. But he essential follow his mothers wishes. When he first visualizes his aunt he is reminded of his mother. Aunt Ella resembles h is mother. Then he meets Meg his younger cousin and she looks like his younger sister. He thinks it may be okay here and then he meets hi uncle the coward who wouldnt fight for Virginia. How is he ever going to be able to live in this mans home? Will lived on a plantation in the city of Winchester.He lived in a comfortable home. Wills family had slaves and the slaves did all the real work on the plantation. Will is not used to manual labor and now, living with his aunt , uncle and cousin he gather ups to work hard everyday. His pride will not let him meet to weariness or dismay in how hard the work is on the farm. His uncle can sense the feelings Will has towards him. Uncle Jed has Will work along side of him and he gives him responsibility. Working along side his uncle, Will comes to a begrudging admiration of his skill and wisdom. Will also learns to trust his own instincts.Meg can be Wills salvation from his uncle. She loves to talk and ask a lot of questions. He admires what a hard prole she is. Meg also doesnt act like most girls Will has known. He begins to like paseo and talking with Meg. Will finds out that Meg can not read. There has not been a school since the war started. Will begins to teach Meg to read. Throughout the book Uncle Jed teaches Will little lessons on how to be an honorable man. Will begins to understand that the price his uncle and his family paid for their beliefs was almost as great as the one Wills family paid.Will was so wrapped up in what he lose that he didnt see what his uncle lost. Will has the opportunity to move back home to his city. At first he really wants to go but then he realizes he is home. His mother was right when she sent him there to live. Setting This write up is set at the end of the Civil War. Around the year 1867 in the Virginia Piedmont. Will moves from the city of Winchester in the Shenandoah Valley to a farm in the Virginia Piedmont. Will had lived a life of leisure with slaves that cared for the home and grand and did all the cooking.When he moves in with his aunt and uncle he ineluctably to learn how to work. The family has a lot of chores that need to be done to take care of the farm. They also have traps for catching rabbit and gardens to grow vegetables. Will fishes so they can have fish for dinner. The family does not have a horse so they must walk everywhere they go. They do not wear shoes because it is summer time. They have a lay out and a buckwheat field. But a lot of the area is woods. They have a springhouse that keeps things cool. Will needs to chop wood for the fire so they can cook dinner.

Reflecting on Wisdom Essay

The one individual that I consider to be very wise is Bishop T.D. Jakes. horizontal though, I have never met him face-to-face spoken language spoken by him has inspired mass congregations as well as me. Opposing to common beliefs, comprehension is not the susceptibility to be inner slightly everything, but to a certain extent holding an open mind to additionally enhance comprehensions A wise person considers anything they say before they speak and discuss about atomic number 18a of circumstances he/she knows about and asks questions about the ones he/she are not familiar with. Individuals who have wisdom are habituated to be modest instead of displaying show-offs mentality. A wise individual have a tendency not to be competitive and do not mind if others have the notion to accuse them of being wrong. heap with wisdom also know that people will gain knowledge at their own yard and in their own time, therefore not staring down on someone just because they are not equally und er(a)stood. Wise people have great insight and a gifted cleverness to articulate it without belittling or embarrassing others.My favorite characteristic of a wise person is their ability to look beyond what is obvious (especially in unfavorable circumstances) and focus on the subject at hand. It mustiness be also being made aware of that wisdoms come from life encounters, mirror image and/or educational training. Bishop T.D. Jakes holds these characteristics traits as an individual of wisdom. Bishop Jakes uses illustrations from his personal experiences in life, in addition to the lives of others which is under his counseling Bishop Jakes provides pointed guidance on how to shift from battle to triumph, from prey to conqueror. Motivating and revitalizing bring honesty, this is the ultimate source for those seeking to comprehend and care for the love ones in their lives. This lends a hand decrypt individuals often impenetrable conduct which offers one-on-one approaches for better understanding and therapeutic in a persons affiliations. Books such as, He-Motions written by Bishop T.D.Jakes have put into words precision and prospect to everyone which help them strengthen their relationships with themselves, others, and with their Savior.It has also given females the explanations they try to find as they legislate to the men they be devoted to. It may seem unbelievable to some because of the fact a declare causing so numerous people to get nearer as one in relationships and scalelike to God. Wisdom is that attribute of spirituality by which creates the greatest potential outcome with the greatest potential measures by dint of ministry and spirituality. Wisdom and intellect-knowledge are not equivalent, yet are strongly associated. Knowledge is obtained by building up information, but wisdom is effects from the approaching of issues that are learned. Knowledge is the bits and pieces made known through which wisdom put together its formation. An individual not educated possibly will be wiser than the most knowledgeable intellectual in actuality time and again areWhile speaking of Bishops wisdom, it stands for his capability to counterfeit flawless conclusions and to accomplish those conclusions by great measures. Bishop in his wisdom makes use of the unlimited knowledge so that he may accomplish his objective in a means which praises God the greatest. All that is make by him seems to be prepared with flawless wisdom. Bishop perceives every thing in its proper relation to everything else, and so He is able to work toward His predestined goals with flawless precision. These are the reason, Bishop T.D. Jakes is known by many as a man of wisdom. He has changed lives through his knowledge of the Bible.There is not any teach of more importance or value than a study of the nature and attributes of spirituality. In the past a couple of(prenominal) age, I have been drawn deeper into what is known as, The Words of God. This is the reason w hy attributes of spirituality is the area, in which I have developed most fully. At the same time, not anything in life cost having was ever gained overnight. Therefore, I feel much work is ahead for me to fully develop in upcoming years come. Neither knowledge nor wisdom is gained overnight it is a continuous growth process for years to come.

Beowulf Heroism Essay

The Mercurial Definition of valiance Throughout history, heroes have been defined as individuals who have sacrificed themselves for the betterment of others. However, every culture always has had its have definition of heroism that separated one great hero from another. During the Anglo Saxon period, passel admired Beowulf for his invulnerability, self-confidence, and god-like strength. On the other hand, people in the on-going era praised Tae Su Go and Martin Luther might, Jr, for their humility and achievements as pacifists.These heroes reflect principles and standards that people held and show that definition of heroism is highly elastic in different ages. In the Anglo-Saxon big Beowulf, the main character Beowulf demonstrates the morals and values of the Anglo Saxon times by unleashing his mighty strength. In current perspective, Beowulf may just seem as a cruel murderer because he completely destroys Grendel by using his bare hands. For example, Beowulf only allowed Grende l to escape when the monster twisted in pain and his muscle and jam split. However, Anglo Saxon literature states such an atrocious act of brutality as a new nimbus that Beowulf had granted. Readers could speculate from the clash between Beowulf and Grendel that the Anglo Saxons admired Beowulfs merciless destruction of his enemies. The Anglo Saxons notion of heroism clear deviates from the current heroic ethics because current heroes like Tae Su Go and Martin Luther King Jr. never apply physical strength to stand against their enemies.During the late nineteenth century, Korean farmers grew discontent toward Japans economic subjection that set the price floor for daily products such as potatoes, rice, and lettuce. Japanese government benefited from this oppression because they were able to purchase cheap surplus goods that less affluent citizens were not able to consume imputable to the high cost set by the price floor. As a result, the Korean farmer league named Chamwha plan ned an assault on Japanese troop in front of the Ghangwha-Moon Gate.However, on the verge of battle, the monastic Tae Su Go insisted that farmers, in front of Japaneses troops, to never utilize military group but kind of allow Japanese troops to fulfill their greed because the great god Asura will judge them in hell. Even though Tae Su Go was immediately murdered by the Japanese troops for disgracing their integrities, Chamwha praised Tae Su as a brave hero and utilized passive resistance in his will.Tae Su, the real hero of Chosun Dynasty in Korea, genuinely embraced the current eras morals and values because he fought only with his words in peace. Moreover, Martin Luther King Jr. , who fought for African American civil rights during the mid-twentieth century, also maintained peace while courageously confronting opponent from the society. For example, even when Ku Klux Klan assaulted Dr. Kings house in 1957, King insisted that his outraged companions to resolve issues in a pea ceful manner. The Education Forum) Although King was assassinated in 1968 from a gunshot, current people still attachment him as a timeless hero who has fought for equality and human rights. However, in similar fashion to how contemporary people would call Beowulf a prideful warrior, Anglo Saxons might view Dr. King as a indefensible mortal who has died without honors because each era has its own definition of heroism. Beowulf, Tae Su Go, and Martin Luther King Jr, were distinct heroes from the Anglo Saxon and current eras who fought against their enemies for spotless reasons.They all demonstrated each periods morals and values through their epic full treatment and self-sacrifice. However, Beowulf used his physical strength to accomplish his goal whereas Tae Su Go and Martin Luther King Jr. refused to utilize violence to achieve equality. As evident from these heroes, the definition of heroism has changed over time. Some heroic qualities might pop off obsolete and new qualities might emerge, manifesting each eras unique morals and values.

Divorce †Cause and Effect Essay

Before a marriage is fully matured 3 out of 10 fail and resort in a divorce. No child wants to light upon the countersign divorce mentioned by their p arnts, little alone the other spouse. Many now a days desire divorce as an easy way out, given that they accept an annulment. Some may even victimise the system and get married for the spouses money, title, or objects. The marriages that are at that place fitting for show, dont bunk to close as long and become unhappy. In a marriage anything stomach go injure from bad communication, cheating, and abuse. Fyodor Dostoyevsky, once a Russian novelist said, much unhappiness come into the world because of bewilderment and things go away unsaid. The number one reason marriages end is because of the lack of communication in the relation, according to Huffington Post. There are five main instances where a lack of communication can affect the marriage. The first one, is hiding your feelings. If youre having a heated conversation with your spouse but storage areaing in feelings or problems because where is your kind going to go? Oh I can help, nowhere.The next type is bodily or physical. Simply roster your eyes, walking away from the conversation, shrugging your shoulder, or even the lack of eye contact can push somebody away. A win-lose attitude is one of the most aggravating things for soul to do, personally. If individual always says, it wasnt me, if theyre judgemental or a very negative person it can agitate you and even bring you down. in conclusion a lack of politeness can make someone feel underappreciated. If you continuously do something for someone and they correspond in a uncaring manner you will tend to feel over time desire you dont matter. The simple command, like take the dog out, can seem abrasive. Theyre no such thing as over kindness, if someone does something nice for you, you can just manifestly correspond with a thank you. Thank you honey, any house wife, or husband would love to h ear of their spouse. Just by keeping the spark between you and your spouse lite can help keep them interested in you, instead of others. Infidelity is the cause for 53% of a divorce.Only 31% of marriages last after a cheating incident, and a whopping 53% of relationships are cheated. Isnt it ironic though how psychiatrists and marriage counselors are the top two professions for the divorce rate. you would think since they plow with helping marriages, that theyd open a lower chance, I guess not in this case. Many events can lead to infidelity. by and by the first year in the marriage there is the samehabitual activities every day where the cut-up may feel like they need something new in life, which is when someone may first tress to cheat. Having a child is a huge factor, itll affect the relationship no matter what you suffer done. The pains of having to completely care for another human being can affect you mentally, and some feel like they want to go out and have an adventur e, but they turn to the wrong activity when that happens. When it comes to the 5th to seventh year, also known as the seven year itch. By this time most couples may have obtained the american dream, but they start to become bored and unhappy, so they turn to something new, to change things up. Then theres the mid-life crisis. Generally around this time youve spent 20 years with the person, but youre just not quite positive(predicate) that another 20 you want to be with the person.These instances are generally the reasons which fuels someone to cheat. Its not always the case, but these are the times when infidelity is started. Just picture 5 million women, which is just a quarter of women in a marriage. That mere 25% is the percentage of women that have been in a abusive relationship. Theres six different way abuse can happen, the following are physical, emotional, verbal, economic, mental, and sexual.Why do they do it? They seek to control their spouse. Emotional, mental, and verba l is generally how it starts, but then it can progress to sexual and economic. It can be hard for These types of abuse though dont always pertain to the spouse, it could be happening to a child or children of the couple. To say divorce yet affects the two joined in holy matrimony is an unstatement. The children, friends, family, everyone thats connected to the two can be effected.As a child that has divorced parent, since I was two, can say it still affects me. I have to use out a time during break when I can go that doesnt conflict also much with my sports, I barely get to see my dad, and its hard to see my mom work and earn all of the money, by herself for us. So if you dont want your marriage to end study to keep good communication a priority, whatever you do dont cheat, and be sure to check if youre being or are abusive, so you can get help to work on it.SourcesFacts, Infidelity. Infidelity Facts and Information. Infidelity Facts. n.d. 27 March 2014.Pave, Project. 6 Types o f Abuse. Just for Teens. n.d. 27 March 2014.Post, Huffington. disarticulate Causes 5 Communication Habits That Lead To Divorce. November 29, 2012. HuffPost. 27 March 2014.