Monday, September 30, 2019

Mix Racial and Cultural Groups Are Growing in the United States Essay

Mixed Racial and Cultural Groups is increased by a marginal number in the United States. The growth of these multiracial groups started to surface through migration of different ethnics and raised most of their families in the United States even through marriage. These are some of the issues that have been raised by individual people of having an entity separation of mixed race and cultural or to considered them as Americans without a hyphen. Thinking about this issue myself, and thinking of my two children who married to a different ethnic rather than Samoans. These questions come to mind about this issue: How, Why, and what the three words that needs a big explanation about this matter. According to multiracial Americans, Americans whose identity as two or more races identifies with just one group culturally and socially. From statistics that I got from online, stated that about 2. 9% of the population in the year 2010 are self-identified as multiracial. The identity or the classification of the people’s identification is generally according to the culture they were raised in. Social segregation in many areas of the country is forming interracial unions or cultural group. The diversity of social conditions through migrations brought new groups of people to the United States. Through these migrations, mixed races started to rise when interracial marriage were born and started to increase in the United States. The movement of multiracial identity by more than one ethnicity has taken place and strong. Statistics from the year 2010 census in the United States shows that the largest multiracial groups were white and black which is 1. 8 million. The other 1. 7 millions are white and some other race, white and Asian is 1. 6, white and American Indian and Alaskan Native is 1. 4 million. I have learned that the largest growing group in multiracial is white and black which is about 134%. That is more than 1 million people. MIX RACIAL AND CULTURAL GROUP According to Susan Saulny of the New York Times, title Race Remixed, said that â€Å"sea of change is how we think about race, ethnicity and its place in society†. I believe that a challenge to trend towards multiracial from a sociological perspective is a leap that we should take. The understanding of racial and ethnic categories of their boundaries can be a problem to other multiracial groups. I think that ancestry is the biggest influence in identities through a number of generations through migrations. I also believe that each multi mix or racial group should be treated the same regardless of their identity. If they are legally citizens of the United States, they have the right to be treated equally. I believe that they have contributed to the wellbeing and welfare of the United States through their services in employment within the government, military or private companies. Regardless of the race and ethnicity, they should be treated and considered Americans. President Obama is good example of what I mean about treating them the same no matter what color of their skin or where they are from. I know that some of these mix race entities are trying to separate themselves with-in the United States but when they travel to other countries of the world, they considered be call Americans. As a citizen of New Zealand, I am proud to call myself to be an American and I respect the land that my children were born. What can the United States or these multiracial groups gain from wanting to be separated from their identity. Through my search online, I came across Mrs. Karissa Sulliva’s draft and she said that ancestry influences identities. She said that socialization is the crucible of racial and ethnic identity formation. Farley in 2002, construct racial and ethnic classifications which was adopted by the government for each race or reconsidered themselves to either refuse to identify their own race and ethnic category. MIX RACIAL AND CULTURAL GROUP. I believe that mix racial and cultural groups are increasing daily by the number throughout the United States. However, research shows that children with an original multiracial identity grow up to be happier than those of single-race identity. Some of the statistics shows that another addition to the growth of mix race is through adoption of children from countries outside of the United States. According to Fact’s for Families 2010, parents are coping with these pressures in having open communications with the families about their culture and race. Encouragement and support in every multicultural group for families to be familiar with their language, traditions and customs within their families. They have to support and try to establish a good relationship by creating a network for their children, parents, family member, relatives and the community. In conclusion, the separation and classifications between mix racial and multicultural groups is not an easy task or thing to do. Two of my children are married to different ethnic. My oldest daughter is married to an African American and my son is married to a girl who is beautiful and white but has about four or five mix blood in her. I believe in democracy and the United States is nowhere in having a separation of any mix race and cultural group who are living in the United States. God Bless America, God bless the people of the United States. References: Perez, Anthony Daniel, Hirschman, Charles. The Changing Racial and Ethnic. http://www. ncbi. nlm. nih. gov/pmc/articles/PMC2882688/ The American Academy of Child and Adolescent Psychiatry (March-2011). Facts for Families, no. 71 Multiracial Children. http://www. aacap. org/galleries/FactsForFamilies/71_multiracial_children. pdf Dr. Nicole Martinez and Mrs. Karissa Sullivan. May 6, 2013 .docx.

Sunday, September 29, 2019

Strategic Planning Process

Strategic Planning – Week 1 Keyla (Bolin, Niu) Keiser University MKT531 Marketing Management Dr. Jeff Ritter 03/09/13 Strategic Planning Process Strategic planning is refers to the development of the organization’s long- term goals and put forward into practice (Peter, 2013).Strategic planning system is the strategy, objectives, environmental factors, it is a process about the internal conditions and various elements integration and used to guide the rational allocation of limited resources enterprise for a certain period of time, in order to reach the goal of the management activities Some big enterprise have particular plan for next fifth years. Strategic planning can be separate to three steps, the first step is to determine the objective goals, during the enterprise development, it should be meet all kinds of challenges that successful achieve the goal.The second step is to formulate the planning, after manger determine the goal, manager should consider what measure s can be successfully to process the project, this is what I understannd about strategic planning. According to the requirements of the strategic planning, the characteristic about strategic planning can be summarizing by these points (Aldehayyat, & Twaissi, 2011): 1. Strategic planning system set broke through the traditional thinking mode which is not planning at present project, but the goals are for enterprise future direction of planning and financial.It pays much more attention to how to adjust business environment and innovation. 2. The settings of strategic planning are often led by very few top management leader directly control. It doesn’t like short-term business plan by a wide range of many people to participate in. 3. The strategic planning system is focus on the changing the external environment and innovation about enterprise, it involved the possibility of market opportunity which is hard to control and requires the enterprise have random and rapid response. 4 .The strategic planning plan can be set with external environment, business industry structure, customer and competitor’s information; however, the enterprise manager can understand the company’s internal standards through this process. 5. Strategic planning is a big change plan which is enough to change the enterprise future direction. It is combined with the strategic business goals and strategic key points that will make the enterprise get comprehensive change. The famous managerialist Drucker thinks that the enterprise of top managers’ first priority is to formulate and implement strategy.Through the company's mission, he thought, to reflect on the basic task of the management, is to put forward such a question: our company is what kind of business? It should reach to what kind of business? To this end, enterprises should develop their strategic target, strategic and plan, make decisions for the future. Clearly, this is actually the strategic planning proces s. From western developed countries the large enterprise, the management strategy is the framework of the strategic plan system.Is not normative system, of course, also can produce excellent strategy? But, regardless of the manner, the formulation of strategic planning system is intertwined in the processes for management activities, and the strategic management plays an important guiding role. It makes enterprises at all levels of staff have been involved in the process. I. e. , the enterprise employees should participate in the formulation or implementation of the strategic planning system, it's just them to participate in different degree of prevention is.Each employee in the enterprise bear the plan the worker roles at the same time, also has the characters such as organizer and commander. In this sense, the enterprise strategic planning system plays a sustained and coordinated the important role of strategic management and daily business activities, also prompted enterprise emp loyees to form a strong cohesion and a sense of belonging (Robinson, & Pearce, 1988). The effective decision system of corporate strategic planning must start with a strong organization.Enterprises in determining the strategic planning system, the corresponding processes must be designed so that the audit in the enterprise between various departments, as well as the correlation between their activities and planning, influence each other and mutual dependence. Generally speaking, due to the historical development of each enterprise, decision-making habits, thinking mode of different leaders, led to its approach in formulating strategic planning system is also ifferent. The strategic planning system of the scientific program should be determined based on the each company’s actual situation. Enterprise brand, family brand (brand) category and product brand constitute the brand level, different levels of brand both relate to each other, and influence each other (Kraus, & Schwarz, 2006). For example General motors, the enterprise brand, Chevrolet is general motors' family brand (brand) category, and sail (sail) is the product brand.Gm gives customers the brand association is a U. S. auto giant, a global fortune 500 companies, has a good reputation, and so on; The Chevrolet brand is one of the largest brands, gm's global sales volume since introduced the first product in 1912, total sales has more than 100 million vehicles, market coverage to 70 countries, has a record of sales of a new car every 40 seconds. Chevrolet 2004 global sales of more than 3. million units, in the global sales of every 16 a new car is a Chevrolet, Chevrolet brand to the customer's brand association is a reliable, pragmatic, intelligent and friendly, full of vitality; And sail (sail) brand, convey the differentiation characteristics of the product. The three levels of brand together, can put enough brand messages to customers, and make customer to sail (sail) this has just set up soon products produce good brand association and brand identity. References Robinson, R. B. ; Pearce, j. A. (1988). Planned Patterns of Strategic Behavior and Their Relationship to Busi- ness-Unit Performance.Strategic Management Journal, 9, 43-60. Peter, J. , ; Donnelly, J. (2013). Marketing Management Knowledge and Skills. New York, NY: McGraw-Hill. Aldehayyat, j. S. ; Twaissi, N. (2011). Strategic Planning and Corporate Performance Relationship in Small Business Firms: Evidence from a Middle East Country Context. International Journal of Business and Management, 6 (8), 255-263. Kraus, S. , Harms, R. , ; Schwarz, E. j. (2006). Strategic Planning in Smaller Enterprises: New Empirical Findings. Management Research News, 29 (6), 334-344.

Saturday, September 28, 2019

IT Outsourcing Essay

Today’s market place continues to shrink due to computer technologies and communication being at the speed of light. This makes the act of doing business on a large scale not only possible but expected. An organization needs implementation of outsource strategy to happen on every level within the company structure in order to function. Many factors contribute to a company’s success or failure. Company is defined by more than just its product or service and the price at which this product or service is sold in the market place. An effective organization has much strength in its favor to remain competitive. Factors such as: flexibility, creativity, openness to use of technology and innovations, communication across the organization and talented employees are a must for competitive advantage. It is an organization’s ability to adjust to changing times that creates a foundation for the public to admire. How an organization continues to reflect such a persona is entirely contingent on so many factors but really it comes down to vision and action. Integrity is crucial. Upholding the company’s value system and word to the public remains a key facet for success. Building any strategy or campaign on this premise presents the best possible and true corporate image to the public and allows for a great amount of trust to form. Building character and trust is very important within the financial world but also the retail forum of health products because there has been a backlash due to corporate lack of governance and scandal but also telecommunications is much like a double-edged sword. With the wrong image, comes poor press and lack of a first impression. It can make or break the situation. In this respect, outsourcing can be a complex game. In order to better understand customers, it is important one understands how marketing works. This means not only having knowledge of traditional methods but also knowing the fundamentals of e-marketing and e-commerce. Today’s Internet is a triumph for human ingenuity and spontaneous order. In some parts it embodies leading edge technology like Asynchronous Transfer Mode but really it is the use of new technologies combined with older ones that makes the Internet so fascinating and vital to business. Specifically the Internet ends distance limitations and it empowers individuals in important new ways to create new enterprise (Gasman, 2005, p. 2). The Internet is relatively vast in its freedom. Unlike the traditional telephone, the Internet is not charged by the mile or any distance. This brings people together. Retailers see the Internet as a marketing tool they can use to target a smaller, regional niche market. One must understand it is in the best interests of companies to make the e-retailing transitions because of the fact that most shopping now happens online. This is due to the increase in e-commerce and instant need for convenience. E-commerce makes purchasing easier and faster. It fits into the lifestyle of today’s 24/7 world where people do not have the time to shop at the mall or pay bills by writing out checks. Statement of the Problem The subject of IT outsourcing and e-business strategy in China’s pharmaceutical industry, its frameworks, convenience and also problems or implications were assessed in this research. As a result of this study, this research presented preliminary findings related to IT outsourcing in China. This leads us to looking at how e-strategy and use of the Internet to facilitate outsourcing has created a whole industry of service for the consumer or in other words, e-services. This required a look at different models to assess strategy and analysis a company’s role in the market. Purpose of the Study The overall purpose of this paper and study is to investigate the role of IT outsourcing within a Chinese drug company. This lead to further study of its use within the health industry in China. As growing importance in an organization’s competitive advantage and globalization makes an Internet presence an expectation, the right marketing strategy becomes all the more important in a company overall strategy but it also equals power. An organization needs careful research prior to investment but also needs to strategize and ponder if the consumer is worth the profit. This paper will look at how a proactive strategic analysis allows an organization knowledge of the market in order to build a lasting presence and customer relationships. This paper will also explore the implications of outsourcing. Review of Related Literature Information Technology is a powerful means that helps organizations meet the challenges of a competitive market environment and enable the firms to stay ahead of the competition. The information revolution is exerting substantial effects on the structure and functions of organizations. From the beginning of the computing era various studies have been made that predicted several positive effects ensuing from the implementation of information technology (IT) (Cash & Konsynski, 1986). Many cases have been published, as well as articles in the professional press, which predicted a net increase in business results of companies that invested more in IT (Buday, 1986). However, during the little more than 10 years of this research line, contradictory results have been found From the 1970s to 1980s, those companies that invested more in IT suffered a relative setback in the work factor productivity indexes. This paper will discuss the relationship between IT and competitive advantage in following content. We believe that IT is necessary to improve competitive position of the organization. Many business professionals point to the use and deployment of IT as a point of weakness, not a point of strength in their organizations. They think that the reason for this is often that IT is being driven from a technical perspective, not from a business perspective. This phenomenon exists because many businesspeople think that the IT is too complicated, too expensive, too risky and too changeable. They would not like to spend time on understanding the complex information technology management. Most businesspeople only understand how specific technologies affect their ability to do their specific jobs. Poorly understand IT initiatives often end in failure. The previous literatures reveal that IT brings huge impact on careers and information technology has impacted many jobs such as IT has replaced human labor and many organizations no longer pay people to simply oversee others and pass along information. The business benefits that are derived from the strategic use of technology are significant, but they are accompanied by risks that must be addressed. The failure to address IT vulnerabilities within their own organizations and throughout the supply chain can have devastating consequences for business operations. China and Outsourcing To this day, the country of China remains an enigma, isolated from the Western world and shrouded in mystery conceptualized by the Communist Red. Its culture both ancient and modern fascinates one on many levels mainly because it is so completely foreign. Aspects of their way of life, customs and lifestyle elements mirror the Communist doctrines and the absence of pure freedom seems sad to Westerners. Still slowly China is opening its doors to the West. There is a changing tide, a force at work. It is the advent of globalization, mass communication and new technologies that changed the atmosphere of China. The world is forever shrinking due to the marketplace is growing at the speed of light and commerce taking place over new mediums. This makes possibility happen. People from every nation have yearned to participate in this explosion. The Chinese have been no exception. They have reached a point in their history where they must not only hold on to their cultural identity but also embrace change from outside. This has been the only way to take advantage of globalization and create a new persona for China. Still the seed of change had to grow from somewhere. This transformation did not happen over night. It can be difficult and frustrating for one to understand yet try to respect. It is out of understanding what one fears that one can be a catalyst for change. Only then can the barriers come down. Much of the emergence of globalization can be attributed to the world economy. China has made steps of change within recent years and as a result found itself at the forefront of economic explosion. At this time the Chinese economy is growing at the rate of ten percent a year, faster than any other country in the world (Richardson, 2005, p. 1). As a result, the region of the Pacific Rim and more specifically South East Asia is considered an emerging market, one that many international corporations are focused on gaining a competitive advantage. This industry of health food and vitamins is no exception. Due to vast changes in available technologies, it is expected and imperative that all companies have an Internet presence or utilize a global e-strategy that involves their business practices to evolve into e-commerce. Two Models This project utilizes two models to analyze IT outsourcing. The models are as follows: (1) Kurt Lewin’s Force Field Analysis theory and (2) SWOT. These two models and others like them assist management and strategists in understanding a company’s standing within the market place. By assessing a company’s strengths and weaknesses or forces at work within a market or organization, one can have a better idea of which areas need attention. Force Field Analysis Theory  Field theories really took the basic form of the fluid mechanics developed in the eighteenth century, in which equations linked a â€Å"flow† or potential for transmitted force to spatial coordinates, but applied this form to situations where no fluid could be found; examples are motion induced by gravity, electricity, or magnetism. I will follow general use and employ the term â€Å"field theory† to denote only those theories that do not involve a clearly existent substantial medium. Lewin’s field theory provides â€Å"a method for â€Å"analyzing causal relations and of building scientific constructs† (p. 01) on several psychosocial concepts involving human actions, emotions, and personality. These psychosocial concepts include human frustration, levels of aspiration, marginality, punishment and reward, and social identity. Lewin’s field theory is built on two constructs (a) human behavior is derived from a combination of mutually interdependent co-existing facts in the life space of individuals, and (b) these coexisting facts have the characteristics of a â€Å"dynamic field,† because â€Å"any part of the field depends on every other part of the field† (p. 87). Using the analogy of â€Å"phase space† in physics, which represents a multitude of factors that might influence events in open systems, Lewin articulated the importance of â€Å"psychological space† in real life. Lewin reasoned that an individual’s life space, including one’s personal characteristics and environmental influences, is an inherent part of the individual’s total situation–momentary and general life situation as perceived by the individua l. He argued that the total situations or fields are more important in studying group behavior because at any given time, individual human behavior, is not only derived from, but is also likely to change, due to the individual’s perception of current situations based on their past cultural orientation, race, status, and experience. To account for such complexities and interdependence of the internal and external factors affecting individuals, Lewin advocated a middle course. By applying these field theory principles to groups in given situations, Lewin observed that it is possible to glean general patterns, underlying relationships, and structural characteristics that can be transposed to other real-world situations. As an example of the field theory principle, Lewin (1997c) advocated the use of a psychological approach to understanding fields that influence individuals and noted that a teacher can never succeed in giving proper guidance to a student if she or he does not learn to understand the psychological world in which that individual student lived. This objective description in psychology actually means describing a situation in its totality–a sum total of facts which makes up that individual. SWOT Assessment It is important to determine the impact a strategy will have on the operations and activities of an organization. The objective is to utilize present technologies and future innovations to plan the future of a company. It is important to allow a flexible framework for strategy to interact within the environment. Further the objective is to gain understanding of the surroundings and behaviors under which they are operating. The key is to create an excellent strategy in which to include within the organizational culture. It is best management remains informed of potential challenges and SWOT allows for clarity. IT Infrastructure and the Practice of Outsourcing As the act of doing business becomes more innovative due to new technologies and high levels of communication, it is surprising that doing business become more complicated and expensive. Is it the factor of elevated expectation and competition from global markets, it is a lack of understanding your own organisation and its cores? Angelo Mozilo believes that outsourcing creates room for improved focus upon core values and it is with the implementation of high speed communication and data systems that enables people to better interact with each other (2002, par. 3). It allows for context to be processed outside the core, only to return when needed. Outsourcing is much like a double-edged sword, it can be seen as a negative as much as a positive. Many believe that it is stealing from American jobs to use cheaper labour sources in countries like India. Timothy Smith surmises that outsourcing has three functions in making organisations more efficient, effective and reduces costs. â€Å"Outsourcing enables organisations to reallocate resources† (Smith 2001, par. 3). This in turn allows the organisation to spend less time on those tasks, saves it money in labour and location by changing focus from survival to enhancing competitive advantage. An organisation can only do this when it becomes people focused. Truly what IT outsourcing does for the business to supplier to the customer relationship is create a new business process that isolates pieces of IT by restructuring the entire segment of the customer’s business. This includes value added improvements in the organisational logic of processes, implementation of best-in-class technology, extensive management and employee training as well as adoption of best practices in the vendor’s field of experience. This may sound like a lot of both monetary and human resource investment but over the long run such implementation will allow the organisation to focus on core rather than context. It goes to show what many successful CEOs would say, â€Å"don’t sweat the small stuff† and this motto will take you to the next level of continual learning and success. Exporting organisations are also seeking ways to lower costs while increasing customer service. A relatively new approach is supply chain management (SCM). Supply chain management differs from traditional materials and manufacturing control in several ways (Burn & Hackney, 2003). First, SCM views the supply chain as a single process. Second, SCM requires strategic decision-making due to its impact on overall costs and market share. Third, supply chain management regards inventories as a mechanism of last resort. Finally, it requires an integrated approach to systems. Integration results in reduced inventory and significant cost benefits (Trunick, 2005). The success of SCM usually involves implementation of an information management system. Still the model is evolving to include new innovations being used as tools. The Amorphous type of chain changes as the company introduces new strategies. This type of model best reflects the continuous flow of ideas and possibilities within the e-commerce construct or Internet medium specifically. It helps anticipate future occurrences. This aids a company’s tracking of Internet use especially when applied to advertising and promotions, as it is known â€Å"the number of businesses utilising the Internet for e-business purposes was significantly low at 28% though an further 33% were actively considering the implementation† (Ritchie & Brindley, 2002, p. 2). The function of procurement within the logistics process is moving to a new plane of sophistication due to new technologies to make the job simpler. Much of it is moving to the platform of the Internet to maximise efficiency and productivity. E-Procurement is now moving from easy-to-automate tasks like invoicing generations to more complex concerns such a E-marketplace implementation, operation and electronic collaboration. Literature suggests that currently focus in on technologies that support E-procurement of direct goods that are mission critical. Also because raw materials that go into production of the finished product many account for â€Å"80 percent of a company’s expenses, the saving derived from implementing E-procurement is compelling† (Thierauf & Hoctor 2003, p. 250). In other words, E-procurement technology offers lower purchase prices to faster fulfilment cycles as well as lower administrative overhead to better control. As a result, companies realise broad, measurable benefits from the implementation of E-procurement. Companies stand to gain even more impressive results from coming generations of the technology that includes connecting to trading exchange with their own industries. This also enables a customer better informed purchases as a company learns to manage production on a daily basis. This means the capability for the supply chain to extend beyond customers and suppliers improves. This also improves the ability for the company to communicate with the customer and the supplier. This leads to new ideas and knowledge about the process as companies and suppliers work in a join environment. Sometimes organisations look to outsourcing inventory as a way to cut costs and speed up the process. GHL will find that by using the Internet as e-strategy that they can achieve multitasking on new levels, allowing for many lines of communication as once. The Internet will allow GHL to tap into a bigger supply base to ensure dependable supply and backup sources. This in turn will reduce the amount it takes to secure shipment of new products. Enterprise Resource Planning (ERP) systems are particularly valuable in new product introduction because it acts as a means of sharing information. Enterprise Resource Planning (ERP) systems are software packages that attempt to integrate the information flow within a company, solving the problem of incompatibility between systems and operating practices. The ERP system will streamline the GHL’s data flows and provide management with direct access to a wealth of real-time information. This is facilitated by the used of database technologies which will link applications together and pass relevant data between them as necessary. Any new information added to one of the system updates the other systems automatically, thus creating complete integration between them (Soh, 2002 and Grandt, 2005). Directory services and middle ware are used in order to connect the applications and provide an infrastructure for users to communicate with each other and connect to the sources of information. There are many benefits and drawbacks to using this method of data transportation. It is important to analyse rather not this will be good fit for a company like GHL. â€Å"A key difficulty is that departments distrust the information provided by another department, be it via an information system or some other mechanism. Therefore checking and cleaning the data should be made an integral part of the implementation† (Bonner, 2002, par. 5). If ERP is integrated with the organisation’s decision-making structure, ERP can begin to deliver business benefits, impacting data delivery levels. Still its success can only be measured by the attitude of the user.

Friday, September 27, 2019

News article that is relevant to one of our human resource management

News that is relevant to one of our human resource management topics - Article Example Likewise, it was also stressed that through the provision of needed education and information on maintaining health and safety to employers; in conjunction with routine visits to ensure that organizations adhere to the proposed standards and regulations, the overall state of safety has significantly improved. However, Morrison (2014) also asserted that budgetary cuts allegedly threaten the continued exemplary performance of OSHA. As noted from the recent disagreements in funding which resulted in temporary federal government shutdown in October 2013, OSHA’s operations were significantly affected in terms of the inability to conduct scheduled routine visits. It was revealed that â€Å"the alliances and partnerships the agency maintains require travel, and travel dollars may not be available under budget reductions† (Morrison, 2014, p. 2). In addition, another noted facet which is projected to be affected by the budget cuts is the training to consultants and compliance officers to maintain the level of professionalism and updated knowledge on adherence to health and safety in the work setting. Overall, the decline in trend for reported injuries, illnesses, and fatalities was emphasized to be a collaborative effort between OSHA and the employers, to ensure that both are committed in ensuring that the work place remains completely safe. The subject is relevant as it expounds on the topic on maintaining a safe and healthy work environment. One acknowledges that it is the obligation and responsibility of employers to ensure that the work place is completely safe; so as to prevent injuries, fatalities, and illnesses. As such, through the creation of standards, as disseminated by the OSHA, the article proved that the agency had been instrumental in improving the overall state of safety in the long run. One strongly believes that safety and security is one of the most important needs of employees that should be met to sustain motivation in the workplace. A safe and

Thursday, September 26, 2019

Dred Scott v. Sandford (1875) Term Paper Example | Topics and Well Written Essays - 1250 words

Dred Scott v. Sandford (1875) - Term Paper Example This case was and has still remained to be one of the most significant cases that were ever heard in the US Supreme Court: hence, my reason for choosing it. Specifically, this case through its outcome that was controversial led to the civil war outbreak between the northern and southern American states (Konig, Finkelman & Bracey, 2010). The main subject matter in this case is noisy historical and constitutional debates that led to the outbreak of American Civil War and which also propelled Abraham Lincoln to White House as the President of America. His outright opposition of the ruling of the Supreme Court, which galvanized the abolition movement, spurred the resurgence of his political career. Additionally, this case outline the concept of citizenship as being essential in attaining certain matters such suing in a court of law (Greenberg, 2010). For instance, among the reasons why Scott’s case was dropped in the Missouri courts was that him and other slaves were not US citize ns, and as such, could not file petitions in court or sue in any form. In reality, the court acknowledged that slaves could be moved from one state to another without any objection from them. In choosing this case, I have also incorporated another key aspect or question used to define the case, which was whether an African American such as Dred Scott could be part of a political community/movement created by the US citizens in terms of membership (Herda, 2011). While Dred Scott did not out rightly win his freedom through the American court systems, the valiant fight he put up, with the help of his family, friends and lawyers led to the emergence of the Civil War that eventually brought an end to slavery. I find this aspect quite essential and which one can learn from with regards to defining the history of the civil war. Summary of Sources The following articles obtained from the State Historical Society of Missouri have been used in support of this case analysis. 1. Ehrlich, Walter . â€Å"Was the Dred Scott Case Valid?† v. 63, no. 3 (April 1969), pp. 317-328. In this article, the author seeks to redefine the concepts of the case of Dred Scott v. Sandford by unwrapping one of the most dodgy questions have had in their minds: was the case valid? In this article, Ehrlich seeks to determine the case’s genuineness by noting that in delivering the ruling, Chief Justice Roger B. Taney might have taken sides so as to bring a ruling against or for slavery. However, he notes that this was immediately contended with some people disagreeing and regarding the ruling as fictitious. Since these allegations could not be overruled, Ehrlich in this article seeks to verify the same on whether there were any political inspirations behind the oppositions (Ehrlich, 1969). 2. Dred Scott v. Sandford" Great Events from History: North American Series Ed. Frank Northen Magill and John L. Loos. Salem Press, Inc. 1997 eNotes.com 6 Nov, 2013 http://www.enotes.com/topics/dred -scott-v-sandford/reference#reference-dred-scott-v-sandford-483926 In this article, the theme concept is to outline the ruling by the Supreme Court in application that the Congress cannot limit slavery into the territories originally recognized for the same. This article brings into limelight the political repercussions that originated from the initial Supreme Court ruling. By not limiting slavery territories, the Supreme Court

What is knowledge Essay Example | Topics and Well Written Essays - 1750 words

What is knowledge - Essay Example Diverse methodological approaches and various working definitions of knowledge has further created confusions. While knowledge management might yet be able to be claimed to a coherent scientific paradigm, recent publications indicate an increased conceptual and methodological rigor is needed to establish knowledge management as recognized scholarly discipline. The emergence of research and practical information on aspects of managing knowledge indicates that knowledge management is more than the latest management fad. Epistemology, the study of knowledge, has a log honorable tradition in philosophy, starting with early Greek philosophers. Questions such as†what do we know?† and â€Å"what does it mean to say that someone know something?† have been discussed in philosophical literature. The idea of a formal logical analysis of reasoning about knowledge is somewhat more recent, but goes back at least to Von Wright’s work in the early 1950’s.the first book-length treatment of epistemic logic- the logic of knowledge- is Hintikka’s seminal work knowledge and belief, which appeared in 1962. The 1960’s saw a flourishing of interest in this area of philosophy community. The major interest was in trying to capture the inherent properties of knowledge. Axioms for knowledge were suggested, attacked, and defended. ... in philosophy, starting with early Greek philosophers. Questions such as"what do we know" and "what does it mean to say that someone know something" have been discussed in philosophical literature. The idea of a formal logical analysis of reasoning about knowledge is somewhat more recent, but goes back at least to Von Wright's work in the early 1950's.the first book-length treatment of epistemic logic- the logic of knowledge- is Hintikka's seminal work knowledge and belief, which appeared in 1962. The 1960's saw a flourishing of interest in this area of philosophy community. The major interest was in trying to capture the inherent properties of knowledge. Axioms for knowledge were suggested, attacked, and defended. More recently, researchers in such diverse fields as economics, linguistics, AI (artificial intelligence), and theoretical computer science has become interested in reasoning about knowledge. While, of course, some of the issues that concerned the philosophers have been of interest to these researchers as well, the focus of attention has shifted. For one thing, there are pragmatic concerns about the relationship between knowledge and action.It may seem, what ever the merits of a metaphysical description of the world, that knowledge itself cannot be one of its objects, for knowledge is of the world, or not at least not only in the world. But there is nothing that is not in the world. The supposition that there is, in this case, is largely due to a picturesque conception of the self and a related conception of knowledge which have dominated most of continental philosophy at least since Fichte, although Hume warned against them in 1739.they may be

Wednesday, September 25, 2019

Coursework world war 1 what events didworld war 1 cause and what were Essay

Coursework world war 1 what events didworld war 1 cause and what were the short and long term impacts of this war - Essay Example The Germans had to lose a large piece of their lands as their colonial power was dissolved and restrictions on armed forces as well as the war machinery were imposed. The size of the troops was restricted and Germany was not allowed to have an air force. The treaty also held Germany solely guilty for the bloodshed and demanded economic compensation for the damages done during the war. As a result, Germany lost areas of Alsace and Lorraine. Part one of the treaty stated a creation of a universal body that would maintain universal peace and hence the League of Nations was born. League of Nations was formed with an aim to arbiter international disputes and to play an important role in preventing future wars. The treaty of Versailles treaty created a wave of fury and unrest in the entire Germany and played a major role in initiating World War II by lighting the fire of vengeance in the heart of Germans. The end of World War I brought an economic recession in most of the participating cou ntries. The most visible short term impact of the war was inflation of prices, which affected almost every country including America. The countries had to break away from the gold policy and started issuing currency freely, taxes were increased and unavailability of goods became a common issue. As a result, thousands of people went bankrupt and many died at the hands of poverty.

Tuesday, September 24, 2019

Advantages of using cement Essay Example | Topics and Well Written Essays - 500 words

Advantages of using cement - Essay Example ement, including calcium, iron, silicon, and aluminum (â€Å"How Cement is†) are readily available and the chemical reaction required to make cement is easy to set, cement is found everywhere. The wonderful aspect of these ingredients is that their combination in different percentages and under different conditions leads to the manufacturing of cement with different properties and color. These days, a lot of varieties of cement are produced that vary with respect to color, strength, texture, and setting time. The tendency in cement to be manufactured in different varieties makes it a very useful material in architecture. The different colors of cement are used for aesthetic purposes, whether between bricks, stones, or wall tiles. Certain varieties of cement are so fine and have such beautiful colors that they do not require any additional coatings of paint or varnish over them to look presentable. This saves the cost of the constructors. Cements used in architecture are either hydraulic or non-hydraulic. Both varieties are made by addition of certain admixtures in the ingredients during the process of manufacturing cement. Hydraulic cement is manufactured by replacing part of cement in the concrete with pozzolanas. This activates the setting of cement in wet conditions, and enhances the tendency of the hardened concrete to deter chemical attack. On the other hand, use of non-hydraulic cement in concrete prevents it from setting in the wet conditions. This is a very useful property as it increases the setting time of concrete, as may be required to form architectural elements of certain shapes and styles. Cement finds its biggest use in mortar and concrete. Mortar is used as a binding material in bricks and blocks. Concrete is used to form hard surfaces like floors and roofs. The quality that makes cement particularly suitable for inclusion in the mortar and concrete is its high capability of binding the materials together and achieve strengths that cannot be

Monday, September 23, 2019

Ethnomethodology Essay Example | Topics and Well Written Essays - 1500 words

Ethnomethodology - Essay Example As a function of this realization, the following analysis will engage the reader with a discussion of a global village, comprised of only 100 people – with representatives from around the globe, as well as seeking to promote a further level of understanding and appreciation for the way in which a more equitable representation of life within this village could be affected. It is the hope of this author that such a level of analysis will be beneficial and eye-opening with regards to many of the issues that currently face the global system. From the prompt of this essay, it was noted that of the 100 individuals that comprise the population of this village, 50 of them would suffer from now nutrition, one of them would be dying of starvation, over 80 would live in substandard housing; moreover, of the 67 adults that would live within this village, over half of them would be unable to read or write. More specifically, only one individual within the entire village would have a colleg e education. Of the 50 individuals who were members of the paid workforce, only 33 could define themselves as full-time employees with a stable/steady job. Interestingly, of these 100 residents in such a village, only five of them would be American. Yet, these five American individuals would hold 32% of the wealth of the entire village; by means of comparison, 33 people would live on 3% of the total wealth of the village. From the statistics that have thus far been presented, it can clearly be denoted that a fundamental level of inequality and disparity is represented within such a global village. Ultimately, the query for this particular analysis is concentric upon trying to understand the way in which the wealthy five individuals could live in peace with their neighbors; serving as a microcosm for the greater argument of how the United States, a uni-polar force and dynamic economic powerhouse within the world, can continue to integrate a fair and equitable manner with the world th at suffers from inequality, poverty, hardship, lack of education, and all of the other issues that have thus far been represented. The first step that can and should necessarily be made with regards to creating a more ethical and moral approach to the global realities that define our world, is with regards to demanding a level of educational parity around the world. Since the conclusion of the Second World War, the United States and other powerful Western economies have been in the position to enforce legislation and global commands upon a litany of different nations around the globe. Invariably, these requirements have been concentric upon economic requests and constraints of financial integration. However, in order to impact upon poverty, hopelessness, starvation, and a litany of other different issues that were researched and covered within the introduction of this brief analysis, it is absolutely interval to demand a level of educational attainment and access to each of the indi viduals living within this global village. Experts and scholars have long denoted that almost each of the negative realities that currently define the inequality that exists between the very rich and the very poor are contingent upon an overall lack of access and/or a lack of

Sunday, September 22, 2019

Consider the theme in Of mice and men Essay Example for Free

Consider the theme in Of mice and men Essay * The book Of Mice and Men was set in the time of the great depression of the 1930s in California in a place called Soledad. Men travelled around looking for any work they could find, they had to leave families and homes just to make money. Even firms and companies went bankrupt, these were depressing and desperate times, no hope and no future. * During this period of time there was a depression in America. Unemployment was high, so men moved from ranch to ranch looking for work, never staying in one place long enough to firm any real relationships, so this was a very lonely existence. * John Steinbecks inspiration from came from him at an earlier age working as a migrant farm worker and so he understood completely about the conditions and life around him so he could really create an atmospheric story. * It is based on two men, George and Lennie, who travelled from ranch to ranch. George is a small and fairly intelligent man while Lennie is a large man of very little intelligence. They had travelled together for a long time. * In my opinion, the most obvious point made throughout the book about the world of migrant workers is that it is lonely. George tells that guys like usare the loneliest guys in the world. They got no family. They dont belong no place. This is also shown when Slim comments that he hardly never seen two guys travel together Most migrant workers travel on their own and this is why George and Lennie face some fairly intrusive questions from their new boss when they first arrive at the ranch. This boss even finds it so unusual that he asks George, referring to Lennie, what stake you got in this guy?. He also again refers to this being unusual by saying I never seen one guy take so much trouble for another guy. * They are many characters in the novel that are also lonely and this is due to sexism, ageism, but mainly racism. One perfect example is CrooksCrooks, the black stable buck is forever being picked on by the other men at the ranch, mostly because of his colour. In the time in which the book was set, black people in America were thought of as lower than white people. At the ranch, Crooks cannot live in the bunk house with all the other men, but he has to sleep in the harness room, at the back of the barn. Crooks is given no privacy, and gets quite cross because he is not allowed to enter the bunk-house but the other men can just walk into his room. In the book he says to Lennie, Youve no right to come into my room, nobody got any right in here but me. * Another reason is because of your age. Candy is lonely because he is old, and is different from the other hands. His only comfort is his old dog, which keeps him company and reminds him of days when he was young and whole.He has no relatives, and once his dog is killed is totally alone. He eagerly clutches at the idea of buying a farm with George and Lennie, but of course this all comes to nothing.Candys disappointment is expressed in the bitter words he utters to the body of Curleys wife, whom he blames for spoiling his dream. Paragraph 1 * George is a kind man. He travels with Lennie and helps him to survive although Lennie is more of a burden than a help, and creates many problems for him. He is also friendly, and almost immediately makes friends with Candy, Carlson, Slim, and the other ranch hands.He has matured a lot since the incident he relates to Slim where he made Lennie jump into a river just for fun. He realises that Lennie depends on him, and needs him to survive.George often insults Lennie and gives him hell, but he doesnt really mean it. Although he often talks about how well off he could be without Lennie he secretly doesnt want Lennie to leave, and when Lennie offers to do so in the first chapter, George virtually pleads with him to stay, Ive got you an youve got me. This is because George also depends on Lennie to a certain extent for his unconditional friendship. George is intelligent, as Slim points out in chapter three, but also modest in denying being smart. He expresses his desire to be different from other ranch hands who merely work for a month and then spend all of their money, but also realistically realises that his dream of owning a house with Lennie (or anyone else) is unlikely to ever come true. Overall, George is an intelligent and kind character. He is thoughtful enough to realise that the best thing for Lennie is to shoot him, for the alternatives are even worse, and compassionate enough to kill Lennie himself. * Lennie is a massive, extremely strong man, who has no living relatives. He travels about the country searching for work with his companion, George. Lennies Aunt Clara had asked George to take care of Lennie if she ever died. The most obvious feature of Lennies character is that he seems retarded. He is a man who has the mind of a child. Slim is one of the first characters to notice this, remarking that Lennie is Jes like a kid and Curleys wife also comments on how he is Jus like a big baby. Lennie doesnt know his own strength, and this is one of the things which lead to his eventual downfall. He realises that he is, strong as a bull, but he cant judge how much force to use for certain actions. That is why he kills his pets, when he only intends to pet them and play with them. It is this inability to judge his strength, combined with his desire to pet things and Curleys wifes desire to be petted and admired which leads to Lennies inevitable death. The ability to judge ones own strength is one of the first signs of maturity, and it is important that Lennie doesnt have this ability. Despite the major flaws in his character he is amiable and friendly , and doesnt do any of the bad things he does on purpose.He has a poor memory, and has to repeat things to himself many times to remember them. Even then, he still forgets them. He has a blind faith in George, trusting in him to protect and look after his welfare. For example, remember the incident George describes to Slim when he told Lennie to jump in the river and Lennie obeyed, without a thought to his own well being. This illustrates Lennies trust in George, and also his immaturity.However, it must be noted that Lennie can still be quite crafty, as when he cunningly persuades George to tell him the story about the rabbits by threatening to leave him. Paragraph 2 * Because of Lennies handicap George has established a personality around his companion to make it easier to live around him. George has found a way of coping with Lennie which is to shout at him. God a mighty, if I was alone I could live so easy. He supports him in the way he needs although when he is angry he does criticize him As dum as a horse. * George thinks of Lennie as a companion as he doesnt have any family. On the other hand he finds him as a pain. Lennie feel the same way to a certain extent but also fears George as he is in control and orders and protects Lennie. They travel together searching for work on ranches and so never settle, and so dont establish true friendships with others, but since they have each other they seem secure, but Lennie gets into a lot of trouble and so needs George so really George doesnt have time for himself, which is why they do almost everything together. * Others see this relationship as different:- Slim comments Aint many guys travel around toghther.Maybe everbody in the whole damn world is scared of each other. George and Lennie are different as Lennie says I got you to look after me, and you got me to look after you * Dreams are significant when considering how these men as one of the ways in which the characters combat the loneliness and hopelessness of their existence. For example the dream farm, a dream shared at first only by George and Lennie, later spreads to include Candy and Crooks, as they are all desperate to escape their lonely lives Crooks reveals that it is the favourite dream of the itinerant ranch hands: Seems like ever guy got land in his head. It is a powerful dream, however, and even Crooks falls for this, for a short time.To Lennie, the dream is a cure for disappointment and loneliness, and he often asks George to recite the description of the farm to him. Paragraph 4 * Crooks is an even lonelier character than Candy, because not only is he old and a cripple, like Candy, but he is also black. Most of the men have a lot of prejudice against Crooks, referring to him with derogatory terms such as nigger. (Prejudice around slavery wasnt rare) * He lives in the shed at the other end of the ranch, isolated from the rest of the workers there. * Crooks is a victim. We are told by Candy that the Boss takes his anger out on Crooks, though Crooks does nothing wrong. * Crooks spends his time alone reading and is a fairly knowledgeable person, as he owns a copy of the California civil code for 1905 He also plays horseshoes until dark. This shows us that Crooks is interested in reading as is most likely one of the smartest of the crowd. This also suggests that he has found reading as an escape route from the terrible world around him. * Crooks reveals that it is the favourite dream of the itinerant ranch hands: * As a result of the discrimination against him, Crooks has become bitter and cynical. This is why when Lennie and Candy tell him about their plan to buy a house he reacts with scorn and disbelief. Seems like ever guy got land in his head. It is a powerful dream, however, and even the cynical Crooks falls under its spell for a short time. Paragraph 5 * Curleys wife is described as having full rouged lips and wide spaced eyes, heavily made up. Her fingernails painted and her hair hung in little rolled clusters. * Most of the ranch hands except for Slim brand Curleys wife as tart. In fact, she is portrayed as such whenever she appears, obviously playing up to and teasing the men. We can definitely say that she is lonely. John Steinbeck illustrates how lonely Curleys wife is when she says I never get to talk to nobody. I get awful lonely She says so several times, and that is to be expected since she is stuck on a ranch with men who dislike her and rarely talk to her, as they fear getting into any sort of trouble with her husband Curley, stay away from her. However, she attempts to overcome her loneliness in the wrong way. George immediately realises that she means trouble when she first turns up in the bunkhouse, and it is hardly surprising that her actions lead her new husband to be fiercely jealous. She is so cruel because of her unhappiness, her isolation and the failure of her dreams. She dreamt of being in the movies or even in a show. She is disappointed and marries Curley to spite her mother only to find out he aint a nice fella. She wishes she could have made something of her life. She walks around the ranch, dressed inappropriately and seductively. and she has only been married a couple of weeks. She admits to Lennie that she doesnt like her husband and regrets marrying him. She seems to be of limited intelligence, as this shows her how desperate she is to escape. It is partly her desire to be petted and admired which leads her to allow Lennie to stroke her hair, which in turn leads to her death at Lennies hands. She is only ever known as Curleys wife which indicates that the author viewed her as a possession of Curleys rather than a human being. I pity her as she made a mistake into leading herself into these problems with Curley and this is making her bored ill. Paragraph 6 * The next afternoon, Lennie is in the barn. All of the other men are outside playing a game of horseshoes, and Lennies only company is his dead puppy. Lennie had accidentally killed it. He fears that George will not let him tend and feed the rabbits if George knows that he killed the puppy. While Lennie wonders what to do, Curleys wife appears. She tries to get Lennie to talk to her, but Lennie is reluctant, since George had threatened to forbid him from tending his rabbits if Lennie ever did so. When she directs Lennies attention to his puppy, though, Lennie forgets about not talking to her. He explains everything to her. Curleys wife listens sympathetically, and she tells Lennie about her aspirations of being an actress, and how she believes her mother deliberately thwarted her plans. She becomes angered by Lennies continual references to rabbits, and asks him what his attraction to them is. Lennie explains that he likes to touch and pet soft things, like rabbit fur. * Curleys wife allows Lennie to stroke her hair, but panics when he wont let go. She begins to struggle and scream, and Lennie, also in a state of panic, shakes her to make her stop saying, I dont want you to yell. You gonna get me in trouble jus like George says you will, and he covered her rouged lipped mouth with his large palms. She continued to scream and struggle and now the fully nervous Lennie shouted angrily at her, Dont you go yellin , and shook her; and her body flopped like a fish he shakes her so violently that her neck broke and she died instantly. Lennie knows that he has done another bad thing and remembers that George told him to go and hide in the brush down by the river, so he quickly runs there. Sometime later, Candy enters the barn and discovers the body of Curleys wife. He runs and fetches George. George realises what has happened, and says that he has to tell the others. Candy protests, rightly pointing out that Curley would deliver no mercy to anyone who had killed his wife. Candy is in favour of letting Lennie escape. He asks George if it is still possible to buy the house, but his dreams are shattered when George says it isnt. When George tells the labourers the news, they all go into a frenzy, and seem affected by blood lust. Curley is furious and vows to kill Lennie. Carlson rushes off to get his gun, and even Whit wants to join in the hunt. Carlson reports that his gun has been stolen, and everyone thinks that Lennie is responsible. George begs Curley to have mercy on his companion, but Curley says he cant because Lennie has a gun. All of the men run off except for Candy, who lies down in despair. * The relationship between George, Lennie and Candy was now destroyed. * This relates to the theme of dreams as they couldnt get their own place and so their dream had crumbled as well. Paragraph 7 * Loneliness affects many of the characters, and Steinbeck seems to show that it is a natural and inevitable result of the kind of life they are forced to lead. The itinerant workers are caught in a trap of loneliness they never stay in one place long enough to form permanent relationships. Even if such relationships existed, they would probably be destroyed by the demands of the itinerant life. Candy is lonely because he is old, and is different from the other hands. His only comfort is his old dog, which keeps him company and reminds him of days when he was young and whole. He has no relatives, and once his dog is killed is totally alone. He eagerly clutches at the idea of buying a farm with George and Lennie, but of course this all comes to nothing. Candys disappointment is expressed in the bitter words he utters to the body of Curleys wife, whom he blames for spoiling his dream. George is also caught in the trap of loneliness. Just as Candy has his dog for company, George has Lennie (who is often described in animal-like terms). Continuing the parallel, George too is left completely alone when Lennie is killed. The dream farm is his idea, and he says Wed belong there no more runnin around the country. Another lonely character is Curleys wife. Newly married and in a strange place, she is forbidden by Curley to talk to anyone but him. To counter this, she constantly approaches the ranch hands on the excuse of looking for Curley. The only result is that the men regard her as a slut, and Curley becomes even more intensely jealous. Finally, her loneliness leads to her death as she makes the serious error of trying to overcome it by playing the tease with Lennie. Curley himself is lonely. His new wife hates him as do all the ranch hands who despise him for his cowardice. He has married in an attempt to overcome his loneliness, but has blindly chosen a wife totally inappropriate for the kind of life he leads. His feelings are all channelled into aggressive behaviour which further isolates his wife and leads to the incident with Lennie where his hand is crushed. Crooks is another who is isolated because he is different. He copes with it by keeping a distance between himself and the other hands. When he does allow himself to be drawn into the dream of working on George and Lennies dream farm, he is immediately shut out by Georges anger. * The conclusion, in my opinion is that people are brought together though loneliness and separated as they grow hostile (Crooks). It is like an endless game which has to be played by someone before someone gets eager and makes it worse by instigating. This is fatewhat will happen will happen. Just like a game .. someone always wins..and someone always loses..!

Saturday, September 21, 2019

Protein Casein Food

Protein Casein Food Report -Protein Casein Introduction: Proteins are considered as the third class of macro components of all living systems, and also that of the food stuffs .Proteins are polymers with highly complex structures and their molecular weight ranges from 10,000 to several million. The structure of protein is quite straightforward; they are made up of monomeric units called as Amino acids. These amino acids are mostly linked by a single peptide bond.The range of amino acids is highly limited in number and mostly common to all proteins. Mostly all proteins are mixtures of 20 standard amino acids. The polypeptide bonds of proteins are never branched. The uniqueness of protein lies in the diversity of variation in its structure and function. All proteins have their own sequence of amino acids of defined length. All amino acids that occur in protein have a general formula: R H2NC H COOH Proteins are generally made up of one of the four structure .They may be primary, secondary, tertiary or quaternary structure. Primary structure: They are the sequence of a chain of amino acids. Secondary protein structure: When the sequence of a chain of amino acids is linked by an amino acid. E.g. either alpha helix or pleated sheet. Tertiary protein structure: Three dimensional structure of a protein molecule formed by the spatial arrangement of the secondary structures like alpha helix and pleated sheet. Source: http://cropandsoil.oregonstate.edu/classes/css430/lecture%209-07/figure-09-03.JPG Quaternary protein structure: If a protein has more than one amino acid chain then its called quaternary protein structure. Milk proteins (casein): Milk of cow is the important source of protein for man and most importantly for children. Milk is a mixture of aqueous solution of proteins, lactose, minerals and certain vitamins which carry emulsified fat globules and casein micelles which have protein along with phosphate, citrate, and calcium. The fat removed milk is called skimmed milk. If the pH of the skim milk is reduced to 4.6 at 20C, the casein is precipitated and the residue is called whey or serum. The proportion of different casein in milk varies and so does the whey. The content of casein vary in different types of milk like in cows milk it accounts for 80% where as in human milk its just 40%. The various proportion of casein in skimmed milk is shown in the below table: Casein proteins (80%) Skimmed milk protein% ÃŽ ±-Casein 40 ÃŽ ²-Casein 24 χ-Casein 12 ÃŽ ³-Casein 4 Source: Coultate,T.P.1989.Food-The Chemistry of its Components.2nd ed.London: The Royal society of Chemistry The Greek letters that are used in casein proteins are used on basis of the protein mobility in electrophoresis. The‘s in ÃŽ ± s-casein refers to its sensitivity to precipitation by the calcium ion. Where as ÃŽ ±, ÃŽ ², χ, and ÃŽ ³ define particular protein species, it has been discovered that there are lots of different versions of each that only differ slightly in their amino acid sequences. For example, ÃŽ ± s1C casein is different from that of ÃŽ ± s1B casein by having glycine residue instead of glutamic acid residue at position 192 in the polypeptide chain. With these advancements one can even identify the breed of cow from which the sample milk was obtained by examining the proportions of these variants. Heterogeneity of caseins: Heterogeneity is seen in caseins. For example, in bovine casein there are four major types of casein .They are ÃŽ ± s1, ÃŽ ± s2, ÃŽ ² and ÃŽ º-casein. Each of these at least exhibit micro heterogeneity in one of the below reasons: Variation in the degree of phosphorylation. Variation in the degree of glycosylation in ÃŽ º-casein alone. Genetically controlled substitution in the amino acids, which results in the genetic polymorphism. Proteolysis of the indigenous proteinases. Molecular properties of casein: Casein are well characterized proteins and indeed they are quite small proteins, with a molecular mass say around 20-25kDa .Which is the main reason for their high stability. For example ÃŽ ²-casein has high level of proline say like 35 out of the 209 amino acids are proline which is equally distributed. Due to the presence of high level of proline the alpha helix, beta-sheets and beta-turns are absent. Casein are generally hydrophobic .Apart from this it is also said that caseins have very low secondary and tertiary structures .As they lack secondary structures its been told that they are very flexible and unstable which makes it ‘rheomorphic'(they are so flexible in solution that they can adopt any structure dictated by the environment).The lack of stable secondary and tertiary structures also make them stable against denaturing agents like heat and urea. This latter property also confers good foaming and emulsifying property on casein. This also makes casein readily susceptible to proteolysis. These properties of casein make them unique in dietary applications like in that of cheese ripening etc. Properties of the principal caseins in cows milk: protein molecular mass Amino acids proline residues cysteine residues PO4 group concentration(g/L) glycoprotein genetic variants ÃŽ ± s1 -casein 23164 199 17 0 8 10 no A, B, C, D, E, F, G, H ÃŽ ± s2-Casein 25388 207 10 2 10 2.6 no A, B, C, D ÃŽ ²-casein 23983 209 35 0 5 9.3 no A1, A2, A3, B, C, D, E, F, G ÃŽ º-casein 19038 169 20 2 1 10.3 yes A, B, C, E, FS, FI, GS, GS Table2: Properties of caseins present in cows Milk. Source:Yada, Rickey Yoshio,  1954-, Proteins in food processing ,pg29-62,Knovel firm Role of casein in dairy products: In western countries, Dairy products account for about 30% of the daily dietary energy, lipids and protein. And even some of the vitamins are also got from dairy products like riboflavin and vitamin B12.Minerals also come into this list, followed by calcium it is also estimated that 80% of calcium is obtained from dairy products. Some of the functions of caseins in dairy products are given below: Pasteurized liquid milk Appearance, heat stability, mouth feel and flavor. fermented milks Gel formation, mouth feel, flavor, syneresis of the gel and rheology Creams Emulsion stability, rheology (body) and whippability. ice creams Emulsion stability, rheology (body) and whippability Milk powders wettability , dispersibility,solubility,flavor,color and other uses which depend upon the end use of the product Cheese texture, body and other rheological properties; functional properties such as meltability, stretchability, sliceability, adhesiveness, water-binding Properties; (off-) flavors. Coultate, T.P. Food-the Chemistry of Its Components. second ed. london: The Royal society of Chemistry 1989 The precipitation of casein is the basic process involved in cheese making .In case of yogurt and some cottage cheese the precipitation is brought up by low pH. Functional food properties of casein (dairy products): Functional food is nothing but if a food ingredient or food provides some kind of health benefit which doesnt include the traditional nutrient it contains then it can be called as a functional food. Some of the common functional food characteristics of dairy products are Anti-microbial including control of gut micro flora, Anti-viral, Binding of E coli and cholera enter toxins, Anti-cancer, Immunomodulation, Anti-oxidative, Opioid effects Retard osteoporosis. The bioactive peptides of casein are responsible for most of these functional properties like Casein glycomacropeptide which is responsible in Cancer Prevention, Immunomodulation, Diet Suppression, and Cardiovascular Effects (cholesterol reduction). Fractionation of casein: Its possible to fractionate whole casein into its component proteins from 1940 but it is limited to laboratory .It is done by exploiting the difference in solubility in the solution of urea pH4.6 or cacl2 .Its is also done by various chromatography methods but unfortunately none of these methods are suitable for industrial scale production of individual casein. But there is a huge scope or opportunity for this because: The Beta casein has high surface activity hence they can be used has good emulsifying or good foaming agents. Human milk contains beta casein and k-casein .Alpha casein is almost absent in human milk hence the beta casein will be an attractive ingredient of bovine milk based infant formulae. As k-casein is responsible for the stability of the casein micelle it can be used in some of the milk products. Latest discoveries have revealed that fortification of milk with Beta-casein improves cheese making properties. One of the successful methods of separation of beta casein is from skimmed milk by using rennet. source:http://classes.ansci.uiuc.edu/ansc438/Milkcompsynth/milkcomp_protein.html source:http://classes.ansci.uiuc.edu/ansc438/Milkcompsynth/milkcomp_protein.html The Casein micelle The Casein in milk exist as colloidal particles of 50-500nm, which are called as casein micelles. The casein micelles of milk are roughly spherical particles. Milk has about 1015 micelles dm-3.A casein micelle contain approximately about 2104 casein molecules. Of all structure models slattery and evards model comes near to accounting all the observed properties of casein. According to them micelle is an aggregate of sub micelles each consisting of 25-30 molecules of all types of casein in roughly similar proportions to those in milk as a whole. Figure : A casein micelle; A: a submicelle; B: protruding chain; C: Calcium phosphate; D: ÃŽ º-casein; E: phosphate groups Source: www.food-info.net/uk/protein/milk.htm Casein micelles are stable to: -Compaction-Pellet that was recovered from ultracentrifugation can be readily redispersed. -Homogenization at normal or high pressure -Also to high Ca2+ concentrations, up to 200mM, at temperatures upto 50C However number things can destabilize, redisperse or affect the casein micelle hence they are usually destabilsed in certain food products like cheese etc. Conclusion: As its clear that casein has a great potential as a functional food more research should be carried out in this field. More studies should be undertaken in bioactive peptides of casein which are released by the enzymatic hydrolysis which have a huge role in cancer prevention, cardiovascular disease prevention etc.As they are good emulsifying and foaming agents they can be extensively used in food industry. Reference: Milk Proteins. Wageningen University, http://www.food-info.net/uk/protein/milk.htm http://209.85.141.104/search?q=cache:uIjin-nhDmIJ:www.uft-plovdiv.bg/bg/Functional%2520Dairy%2520Foods.doc+functional+food+and+caseinhl=enct=clnkcd=17gl=auclient=firefox-a. Coultate, T.P. Food-the Chemistry of Its Components. second ed. london: The Royal society of Chemistry 1989 Harper, W. James. Functional Aspects of Dairy Foods , 2003. Yada, Rickey Yoshio. Proteins in Food Processing. Place Published, 1954. Hurley, Walter L. Milk Composition Proteins. http://classes.ansci.uiuc.edu/ansc438/Milkcompsynth/milkcomp_protein.html. 7. Cropandsoil.oregonstate.edu/classes/css430/lecture%209-07/figure-09- 03.JPG

Friday, September 20, 2019

Ethical Debate On Human Cloning

Ethical Debate On Human Cloning Today, science is developing at lightning speed. Todays science allows us to do many things that we would have appeared impossible a few decades ago, such as cloning. Firstly, what is cloning? Cloning is a process of producing genetically identical individuals, where one creates copies of cells or DNA fragments. But beyond the scientific level, the cloning issue has been controversial since ethics and morality on the same day when the idea was developed, there is this almost 100 years, and ethical questions raised about human cloning are several levels. Some objections relate to safety of human cloning experiments, because the process is far from being regarded as infallible, but it raises mostly moral and ethical objections that go well beyond issues of safety and scientific concerns. Indeed, we can question the motives of human cloning, whether some reasons are more acceptable than others, but also about the likely impact that this will lead to humanity. Is cloning morally acceptab le? On the one hand, according to the theories of Greek philosopher Aristotle, it would be true to say that human cloning is unethical because of the ridiculous methods are employed to get there. Indeed, many methods developed and the many uses of cloning technologies destroy lives and do nothing but harm. For example, it took just over 277 tests before the scientists can create the first clone. Moreover, the theory of naturalism ethics, methods of cloning are not the result of an action according to the order of nature, in other words, cloning is not consistent with human nature, because is not natural for humans to be cloned. Moreover, if cloning ever becomes a reality in the near future, it will be a reasonable way to contribute to the good of humanity. Unreasonable use of cloning for the purpose of an individualistic happiness could lead to irreversible consequences on humans and society. On the other hand, if we look at the ethical theories of philosopher John Stuart Mill, human cloning would be beneficial as long as the number of people who benefit outweighs the number of people who suffer. In fact, according to Mill, the calculation of the moral value of any action is the result of the sum between the consequences and results of this action, the addition of happiness generated and pain caused. Unlike Kant, Mill gives no weight to the intent of this gesture, but he still believes that the consequences of an action determine its moral value. For example, cloning kills clones that have been a failure in experiments, but it could be a way to help prolong life. According to the theory of utilitarianism, Mill also believes that actions must be judged on how they promote human happiness for the greatest number of people, and action is deemed morally acceptable as it tends to promote happiness, because for Mill, happiness is the only true virtue. In this way, then Mill wou ld agree that improving the lot of all humanity in exchange for a small group of less fortunate people is justified because they are not the consequences that must guide us, but rather the intention which is hidden behind our action. In short, cloning is morally acceptable to society because it leads to the greatest happiness for the greatest number of men. Finally, contrary to Mill, Immanuel Kant would disagree with cloning because we use people as a means to an end, even if it is to save or to benefit a greater number of people. According to the principle of universalization, any action is not morally acceptable if it harms the interests of humanity, or if it leads to the destruction thereof. For example, we must ask ourselves whether it is possible that all humans on the planet can be cloned or have the right to do so. If we allowed everyone to be cloned, what would happen? The answer is obvious: it would lead inevitably to global overpopulation and thereby would cause the destruction of humanity. Moreover, cloning violates the principle of Kant to a certain level, because if we make a clone in order to create a superior race, having clear expectations about the personality and physical abilities of the individual or psychological, would undermine the fundamental principles of humanity or respect for others, minorities and the indivi duality of human beings. In addition, if one based on the possibility that humans could be cloned to provide organs can then be transplanted into the donor DNA without risk of rejection, he admits that creating a clone simply as a source of spare parts is a flagrant violation of the principles of Kant. Indeed, this method would be selfish for those who can not afford such a transplant, and it also results from the use of people to achieve something. In short, cloning does not therefore comply with the various principles of Kant and makes cloning morally unacceptable. In conclusion, the ethical theories of various philosophers therefore lead us to have many different views on this new scientific approach so controversial. While the proponents of human cloning argue that the initial negative reaction is simply a common response of man had something new and unknown, it is clear that the ethical debate on human cloning is not the point of fade. It remains nonetheless that cloning would violate a lot and very widespread belief about the individuality and the freedom of every human right, because what is the value of a human being is its uniqueness. The living being is unique and indeterminable.

Thursday, September 19, 2019

Free Color Purple Essays: Strength of the Black Woman Revealed :: Color Purple Essays

Strength of the Black Woman Revealed in The Color Purple  Ã‚   The story tells of one lady who, through fruition and hardship, discovers the proficient, content, and proud woman repressed inside of a young "shut-mouthed" girl. The Color Purple, the third novel written by the Pulitzer Prize winning author Alice Walker, has been both respected and berated in numerous essays and reviews. Although the critics agree to disagree about many aspects of this novel one thing is clear, The Color Purple affirms "the survival and liberation of black women through the strength and wisdom of others." (Draper, 1810) In Walker's personal view, the black woman's history falls into three stages; the woman suspended, the artist thwarted and hindered in her desires to create, living through two centuries when her main role was to be cheap source of cheap labor in the American society, and the modern woman. (Washington, 139) The feminist Alice Walker writes in a circulatory pattern. Her female characters move in a common three-stage cycle: 1)the suspended woman-cruelly exploited, and spirits and bodies mutilated, 2)the thwarted woman-desires most to be a part of mainstream American life, and 3)the modern woman-exhibits the qualities of the developing emergent model. Before Celie, our main character, makes her way into the cycle the story sets her as a child, eager to learn, love, and enjoying life. She and Nettie, her, sister attend school on a regular basis, complete all of their chores, and still make time to talk, to play, and/or to just spend time together. Then, just as Celie reaches womanhood, s he finds her way into the first stage: the suspended woman. The suspended woman plays the role of the inclement exploit with a warped spirit as well as body. Celie's body is first desecrated through her stepfather's sexual misconduct. Succeeding this comes continuing sexual and physical abuse by her husband Mr. ______. Here, Celie slips into the second stage: the thwarted woman. In this stage the character desires most to become a part of mainstream American society. In most cases, they are also victims of psychological abuse that alienates them from their roots and real contact to the world. The desecration and abuse her body survives, notwithstanding, her spirit is broken when not only have her children been taken away from her by her stepfather, but Nettie is forced, by Albert, to leave he and Celie's house.

Wednesday, September 18, 2019

A Student Compares Websites on Rally Racing :: Sell Websites Buy Web Sites

A Student Compares Websites on Rally Racing The sport of rallying is fast becoming popular around the world. With races taking place on countries around the world, the internet is an invaluable resource to fans around the globe. The official site of the World Rally Championship (WRC) can be found at www.wrc.com. There are other unofficial sites such as, www.worldrally.net, and www.worldrallynews.com. All three of these sites provide information regarding the many races, drivers, and teams. Although they have similar information, the exact information that is provided, and the format in which they are delivered are different. This paper will discuss the similarities and differences between the websites, as well as the effectiveness of the websites in presenting their information in a sensible and enjoyable manner. First, a little information about the WRC. Perhaps one of the most demanding racing sports, the WRC consists of cars racing over courses in some of the most breathtaking locations around the world. From Japan, to Greece to Finland, the races take place in over 15 countries. What sets the WRC apart is the physical location of the races. There are few paved roads, or nicely banked curves. Most of the driving is done â€Å"off-road.† This means that the conditions are extremely varied, from gravel to rocks, rain, snow, anything is fair game. Because of this, the teams must evaluate the course and choose the proper car parts to use. The courses are not a straight line either. They wind back and forth, up and down over different surfaces. To aid the driver, a co-driver rides shotgun, giving out commands that let the driver know what lies ahead. The cars are timed against each other, but not run along side each other. Many of the courses are only wide enough for a single car to pass through at a time. Thus, the cars are sent out in intervals, and the resulting times measured against each other after completion. With this background on the WRC, let’s examine the different web sites that provide information about this sport to its fans. World Rallying (www.worldrally.net), is a second rate website at best. When the page is first loaded up, there is a blinking add at the top of the screen which greatly detracts from the rest of the site.

Tuesday, September 17, 2019

Misrepresentation in Law

CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement, which induces the other party to enter into the contract. A misrepresentation may be fraudulent, negligent misstatement, or wholly innocent. The applicable remedy depends on the nature of the misrepresentation. In order for a representation to amount to an actionable misrepresentation it must be: a)false; b)one of fact as oppose to intention, opinion, or law; c)The statement must be addressed to the party who claims to have been misled; )it must be the chief reason which induced the other party to enter the contract. If the representation that is being challenged satisfies these four requirements, then it is an actionable representation. Statement of Fact or Opinion A statement which is made to the other party that is false and induces him to enter into the contract, this is an actionable misrepresentation. The false statement must be one of fact and not of law because no one can misrepresent the law since ev eryone is presumed to know the law.A statement of opinion is not actionable per se as a misrepresentation because it is not a statement of fact. In Bisset v. Wilkinson, the respondent purchased from the appellant, two plots of land in New Zealand for the purpose of sheep farming. During the negotiations, the appellant told the respondent that, if the place was worked properly, it would carry two thousand sheep. The respondent, it was admitted, bought the place believing that it would carry two thousand sheep.As both parties were aware, the appellant had not and, so far as appeared, no other person had at anytime carried on sheep farming on the land. In an action for rescission for misrepresentation, Sim J. said: In ordinary circumstances, any statement made by any owner who has been occupying his own farm, as to its carrying capacity would be regarded as a statement of fact†¦. This, however, is not such a case †¦ in these circumstances. The plaintiff were not justified in regarding anything said by the defendant as to the carrying capacity as being anything more than an expression of opinion on the subject.Their Lordships concurred in their view on the matter, and therefore held that the purchaser had no right to rescind the contract since an erroneous opinion stated by the party affirming the contract, though it has been relied upon and has induced the contract on the part of the party who seeks rescission, gives no title to relief unless fraud is established. The ratio decindendi of this decision is that the respondent had no previous or present knowledge of the capacity of the land, neither was he an expert in sheep farmingSo in the opinion of the Court the most he could have averred was a mere opinion. However, in certain circumstances, an opinion because it presupposes the possession of certain knowledge, may be an actionable misrepresentation. In Smith v Land and House Property Corporation, the vendor of an hotelier described it as let to a Mr. Frederick Fleck, a most desirable tenant. The tenant was in fact in arrears with his rent. It was held that the statement was not a mere expression of opinion because the vendor was impliedly stating that he has facts, which justifies his opinion.The court deemed the vendor to have knowledge of particular facts; therefore the ‘opinion’ was regarded as a misrepresentation of fact, which induced the other party to enter into the contract. The decision in Bisset’s case was followed in Esso Petroleum Co. Ltd. v. Mardon. Esso’s experienced representative told Mardon that Esso estimated the through-put of petrol on a certain site would reach 200,000 gallons in the third year of operation, and so persuaded Mardon to enter into a tenancy agreement in April 1963 for three years.Mardon did all that could be expected of him as tenant but the site was not good enough to achieve a through-put of more than 10,000 gallons. In July 1964 Mardon gave notice to quit, but Es so granted him a new tenancy at a reduced rent. Mardon continued to lose money and by August 1966 was unable to pay for petrol supplied. Esso claimed possession of the site and the money due. Mardon claimed damages in respect of the representation alleging that it amounted to 1) a warranty, 2) a negligent misrepresentation. On the matter Lord Denning M. R. said that Council for Esso retaliated by citing Bisset v. Wilkinson where the Privy Council said that a statement by a New Zealand farmer that an acre of land† would carry 2000 sheep was only an expression of opinion. He submitted that the forecast here of 200,000 gallons was an expression of opinion and not a statement of fact, and that it could not be interpreted as a warranty or promise. Lord Denning said that he would quite agree with Counsel for Esso that it was not a warranty – in this sense that it did not guarantee that the through-put would be 200,000 gallons.But one party, Esso, has special knowledge and ski ll. It was the yardstick by which they measure the worth of a filling station. They knew the facts. They knew the traffic in the town, they knew the through-put of comparable stations. They had much experience and expertise at their disposal. His Lordship went on to show that Esso was in a much better position than Mr. Mardon and their statement of opinion presupposes that they have knowledge to support the opinion. This is very different to the circumstances in Bisset v.Wilkinson where the land had never been used as a sheep farm and both parties were equally able to form an opinion as to its carrying capacity. The Court, therefore, found that Esso was liable for damages for breach of warranty. Fact and Intention Where a representation merely expresses the intention of one party, under normal circumstances the intention, if it is not fulfilled, is not an actionable representation. However, in some circumstances an expression of intention may be considered a statement of fact. In Ed gington v.Fitzmaurice, Bowen LJ said: â€Å"There must be a misstatement of an existing fact: but the state of a man’s mind is as much a fact as the state of his digestion. † The facts in that case are: The directors of a company invited a loan from the Public and stated that the money would be used to improve the company’s building and to extend the business. The real intention of the directors was to use the money to pay off the company’s existing debts. Their statement of intention was held to be a statement of fact. Can Silence Amount to Misrepresentation?Generally silence is not misrepresentation. Each man must protect his own interest and exercise reasonable caution when entering a contract: Caveat emptor. However, the court may consider certain kinds of silence as misrepresentation. In With v O’Flanagon the defendant wanted to sell his medical practice. The negotiations began January 1 at which time the practice was worth ? 2000. 00 per year . However, the defendant fell ill and by May 1 when the contract of sale was signed, the practice was virtually worthless.It was held that the defendant’s silence in the situation amounted to a misrepresentation. Opportunity to Verify Representation Where the representee is given the opportunity to verify the representation made to him, he may or may not make use of the opportunity. If he chooses to act on the statements made by the representor and the statements turn out to be false he can sue but if he chooses to verify and confirm a statement, which is in fact false, he cannot sue the representor. In Redgrave v. Herd, a man was induced to buy a solicitor’s practice by a misstatement of its value.He was given the opportunity to inspect the books, but he did not. If he had checked the books, he would have found that the practice was over-valued. However, the Court held that the non-use of this opportunity did not vitiate his claim. The Privy Council in Senanayake v. C henq followed this decision. However, when the representee carries out independent investigation to ascertain the accuracy of any statement made to him, though he did not find out the truth, he cannot claim to have been misled because then he would be relying on his own findings or that of his experts.In Atwood v. Small, a vendor offered to sell a mine and made exaggerated claims as to its capacity. The buyer appointed agents to investigate the mines. The agents reported wrongly that the claims were true. The contract of sale was then completed. It was held by the House of Lords that, the buyer’s subsequent action must fail because they have not relied on the vendor’s statement, but on their own independent investigations. Curtis v. Chemical Cleaners misrepresentation. Types of MisrepresentationFraudulent Misrepresentation. Fraud was defined by Lord Herschel in Derry v. Peek as meaning that the representation made is a false representation: 1) Knowingly or 2) Without b elief in its truth or 3) Recklessly, careless whether it is true or false. Fraud must be strictly proven and the burden of proof is high: It requires evidence of actual dishonesty. Negligent Misrepresentation/misstatement. Liability in damages for negligent misrepresentation was created by the decision in Hedley Byrne & Co Ltd. v.Heller & Partner, if there is a special relationship and that the defendant was a skilled professional person acting in the course of his business upon whose advice it is reasonable for the plaintiff to rely. Section 2(1) of the Misrepresentation Ac, 1967, codified this principle. The defendant can escape liability on the section if he can show that he had reasonable grounds for the belief and that he held those beliefs up to the time the contract was made that the facts represented were true. The burden of proof is on the representor.See the judgment of Lord Denning in Esso Petroleum v. Mardon. Seeing that the S. 2 (1) supersedes the Hedley Byrne’s case, it is doubtful whether this additional head of damages would add anything to the existing rights under S. (1). Where a representation becomes a term of the contract, the plaintiff will sue for breach of a contractual term or breach of warranty, not for misrepresentation. Innocent Misrepresentation. Whittington v. Seale-Hayne Types of Remedies An actionable misrepresentation attracts the remedies of rescission and damages.Rescission, providing that none of the bars to rescission are applicable, cancels the contract and restores the parties to the status quo ante. When rescission fails the innocent party will be awarded damages which is a monetary compensation that will put him in the position he would have been in but for the misrepresentation of the representor with whom the innocent party had contracted. Rescission or Cancellation. The right to rescind is the right of a party to have the contract set aside and to be restored to his former position. The contract remains valid unless and until rescinded.Third parties may acquire interest under the contract if the innocent party does not act with promptitude, providing that the innocent party is a bona fide(honest) purchaser for valuable consideration. In Car & Universal Finance v Caldwell, the defendant sold his car on January 12, 1960, to Norris who took it away leaving a deposit of ? 10 and a cheque for ? 965. The cheque was dishonoured when the defendant presented it the following day. He immediately informed the police and the Automobile Association of the fraudulent transaction.Norris subsequently sold the car to a third party who sold it to the plaintiff. The question the Court had to decide was whether the defendant’s conduct and representations on or about January 13 amounted to a rescission of the contract of sale. Lord Denning M. R. held that where a seller of goods had a right to avoid a contract for fraud, he sufficiently exercised his election if, on discovering the fraud, he immediate ly took all possible steps to regain the goods, even though he could not find the purchaser or communicate with him, and the contract was rescinded on January 13.If the innocent party delayed cancelling the contract, any third party who purchased the item bona fide would have acquired a good title to the property and the original owner had no claim to it. See the speech of Lord Wilberforce in Johnson v. Agnew. There are several bars to the right to rescind which may work against the innocent party to the contract. The bars are restitution impossible, third-party rights, affirmation, lapse of time. These are discussed in the paragraphs that follow. Restitution Impossible.When a party rescinds a contract, it must be possible for the Court to restore the two parties to the Status quo ante, to put the parties back in their original position before the contract was made. However, this limitation should not be strictly construed, and the mere fact that the subject matter of the contract m ay have deteriorated before the truth is discovered, is not sufficient to prevent restoration and so destroy the right to rescind a contract. * In Newbigging v. Adam, rescission was granted even though the partnership business was worse than â€Å"worthless†.The facts of that case were â€Å"The plaintiff entered into an agreement with the defendants by which he was admitted as a partner with a manufacturing business and provided ? 10,000 of new capital. He was induced to enter into the agreement by a material innocent misrepresentation as to the capacity of certain machinery. The business failed, and the plaintiff sued for rescission of the agreement for recovery of his capital, and for an indemnity against all claims which might be made against him by virtue of his being a partner.The Court unanimously agreed that he was entitled to the remedy for which he asked. Before the passing of the 1967 Misrepresentation Act, there was a further bar of rescission: if the misrepresen tation was innocent, there could be no rescission of a contract after it has been executed. * Seddon v North East Salt Co. Ltd. The extent of this rule was somewhat uncertain and it was the subject of much discussion, for in many cases the falsity of the misrepresentation cannot be discovered until the contract is executed. However, the Privy Council in Senanayake v. Cheng did not follow the decision. By S. (2), except in the case of fraud, of the 1967 Misrepresentation Act, the Court has a discretion to allow rescission and to award damages in lieu of rescission, and in this way could allow the contract to continue to subsists whether it was executed or not. The act has over rule Seddon’s case, Wilde v. Gibson. * Third-party Rights. As stated above a third party may acquire a good title if the owner of the property did not act speedily to rescind the contract, providing that the third-party has no knowledge of the origin of the property and could not reasonably be expected t o: Car & Universal Finance v.Caldwell. A similar decision was made in Lewis v. Averay: The plaintiff advertised his car for sale. A rogue, posing as the well-known television actor, Richard Greene, called on the plaintiff and offered to buy the car. The plaintiff accepted the order, and the rogue wrote out a cheque, signed it, â€Å"R. A. Greene’. The rogue wished to take away the car at once, but the plaintiff was not willing for him to have it until the cheque had been cleared. At the plaintiff’s request the rogue produced identification that he was R.A Greene in the form of a special pass of admission to Pinewood Studios, bearing the name R. A. Greene’ and an address, a photograph of the rogue, and an official stamp. The plaintiff was satisfied on seeing this pass and allowed the rogue to have the car. The cheque was worthless and the rogue sold the car to the defendant, a music student, who bought is in good faith. The Court of Appeal held the plaintiff int ended to contract with the person before him. The contract was merely voidable for fraud and the defendant, a third party, acquired a good title in the car against the plaintiff.Affirmation of the Contract. If after becoming aware of the misrepresentation the party affirms the contract either by express words or by taking any benefit under the contract, e. g. accepting dividends on shares, or failure to remove his name from the register of shareholders. In Long v. Lloyd the plaintiff was induced to purchase a lorry by the defendant’s representation that it was â€Å"in excellent condition†. On the first journey after the sale, the dynamo broke and the plaintiff noticed several other serious defects.The defendant was informed of these and offered to pay half the cost for the repairs. On the next long journey, the lorry broke down completely and the plaintiff realised that it was in a deplorable condition. He claimed to rescind the contract. The Court held that the secon d journey amounted to an affirmation and therefore the right to rescind was lost. Lapse of Time Under certain circumstances, lapse of time may be deemed to be affirmation, especially if the other party takes a considerably long time to rescind the agreement.However, normally, time does not beginning to run until the plaintiff becomes aware of the misrepresentation. In Leaf v. International Galleries, the plaintiff bought from the defendant a painting of Salisbury Cathedral which the defendant innocently represented to him at the time of the purchase to have been painted by Constable. Five years later, when he tried to sell it, he discovered that was not the case. He brought an action for the rescission of the sale. The Court of appeal held that it was too late to rescind the contract.Damages The remedy of damages, availability or otherwise depends on the nature of the misrepresentation committed fraudulent, innocent, or negligent. In Newbigging v. Adam damages were award for misrepr esentation. In Whittington v. Seale-Hayne, the Court granted the plaintiff an indemnity against some of the lost which he suffered due to innocent misrepresentation. In Hussey v. Eels damages was assessed for negligent misstatement as to the non- existence of subsidence on the property which was the subject of the contract. ——————————————- [ 1 ]. [1927] AC 177 [ 2 ]. ibid at 180 [ 3 ]. (1884) 28 Ch D 7 at 15 [ 4 ]. supra at 191 [ 5 ]. [1976] QB 801 [ 6 ]. supra at 191 [ 7 ]. ibid [ 8 ]. (1885) 2 Ch. D 459 [ 9 ]. [1936] Ch. 575, [1936] 1 All ER 727; Davies v. London and Provincial Marine Insurance Co (1878) 8 Ch. D 469, judgment of Fry J. at 475 [ 10 ]. (1881) 20 Ch. D [ 11 ]. [1965] 3 All ER 296 [ 12 ]. (1838) 6 C L & Fin 232 [ 13 ]. (1889) 14 App. Cas 337 [ 14 ]. [1964] AC 465, [1963] 2 All ER 575, See Mutual Life Citizens Assurance Co v.Evatt [1971] Ac 793, [1971] 1 All ER 156 [ 15 ]. [1976] QB 807, [1986] 2 All ER 8 [ 16 ]. Supra 218 [ 17 ]. [1965] 1 QB 525, [1964] 1 All ER 290 [ 18 ]. [1986] AC 367, [1979] 1 All ER 883 [ 19 ]. (1886) 34 Ch D 582 [ 20 ]. [1905] 1 Ch 326 [ 22 ]. Supra 197 [ 23 ]. (1848) 1 H L Cas 326 [ 24 ]. Supra 195 [ 25 ]. [1975] 1QB 198, [1971] 3 All ER 907 [ 26 ]. [1958] 2 All ER 402, [1958] 1 WLK 753 [ 27 ]. [1950] 2 KB 86, [1957] 1All ER 693 [ 28 ]. Supra 196 [ 29 ]. [1905] 82 CT 49