Thursday, September 3, 2020
Canned Air Isnt Air (Chemical Composition)
Canned Air Isnt Air (Chemical Composition) Canned air isnt air, however it is canned. Its not loaded up with a gas you ordinarily find in air. Canned air or gas duster is an item that utilizations packed gas to clean surfaces. Its pleasant for impacting out console chow and residue rabbits in the cooling vents of PCs and other electronic gadgets. You may have found out about individuals biting the dust from intentionally breathing in canned air, probably attempting to get high off of it. There are two different ways you can kick the bucket from this training. One is from anoxia or just not getting enough oxygen. The other is from the poisonousness of the gases utilized in the item. The standard gases found in canned air are difluoroethane, trifluoroethane, tetrafluoroethane, or butane. Butane is an intriguing decision since its combustible, so utilizing canned air to cool hot gadgets may not be an astute choice (see my consuming air pockets venture on the off chance that you need persuading about possible combustibility). By chance, consuming the fluorocarbons will in general produce extra-dreadful synthetic compounds, for example, hydrofluoric corrosive and carbonyl fluoride. My PC would suffocate and overheat without a little assistance from canned air once in a while. Its a helpful item to have around. Just dont go thinking its an innocuous family unit synthetic, since its not.
Saturday, August 22, 2020
Metallica - Kill ââ¬ËEm All free essay sample
This is Metallicas first collection which was discharged in July 25, 1983. It was recorded in a brief timeframe, fourteen days to be definite, and on an extremely little spending plan. The first collection title was unique yet the studio encouraged them to transform it. There so they transformed it to what it is currently. The collection spread is of a sorry excuse for a hand relinquishing a grisly heavy hammer. In spite of the fact that this collection isn't as amazing as Master of Puppets or Ride the Lightning yet it is as yet a quite decent collection. It has an a lot quicker rhythm than different discharges and it likewise has significantly more thrashier sound. That is the reason this collection is a greater amount of a unique whip metal collection. This collection isnt as quick or fierce as Slayer collections however its despite everything cool to listen as well and is unadulterated whip collection. This collection has those snappy guitar riffs, crazy guitar performances, incredible vocal singing, and extraordinary drumming. We will compose a custom paper test on Metallica Kill ââ¬ËEm All or on the other hand any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page Presently lets talk about the tunes: 1. Hit the Lights-This tune starts with a blur in of the guitars and afterward Lars, the drummer, making a drumming design. After that the guitarist are on speeding fret sheets. They have cool guitar riffs and all through tune have numerous smaller than normal performances and afterward they go in to the genuine performance. This is an incredible opening tune and must be one of my top picks on this collection. 2. Four Horsemen-This tune isnt as quick as the past tune however it has infectious guitar riffs and extraordinary performances. In spite of the fact that the performances are progressively traditional performances. 3. Motorbreath-This tune starts with a drum introduction. The guitars overwhelm in this tune however. 4. Hop in the Fire-This tune is really quick however it has snappy riffs. Toward the end there is continuously increasingly quicker and long guitar solo that I delighted in. 5. (Sedation) Pulling Teeth-is a long performance yet its not guitar solo its a BASS SOLO! T his melody shows Cliff Burtons aptitudes in his progressively old style foundation. Likewise he utilizes overwhelming bending and a Wah-Wah Pedal. The main verses or discourse in this tune is toward the starting where Cliff states: ââ¬Å"Base Solo, Take Oneâ⬠Then likewise at the outset there is no drum beat however they do kick in at about the 2:40 imprint. 6. Whiplash-starts with low pounding of the bass drum then the guitars kick in and add zest to the melody. 7. Apparition Lord-has its good and bad times. You can scarcely hear the vocals since they are suffocated by the guitars. This melody likewise has a cool guitar solo. At that point it hinders again after that. At that point another guitar solo comes in and speeds it up once more. Much the same as I said it has its high points and low points. 8. No Remorse-has a cool beat to it is as yet a decent piece of Metallicas live shows. 9. Look for Destroy-Finally we have gone to my main tune of this collection. This has well k nown opening guitar lick that I love. It likewise has appealing vocals that simply keep so empowered! Likewise those extraordinary guitar riffs that are so tedious. This tune likewise has a cool guitar solo that at that point closures to the first tune of this track. 10. Metal Militia-is the most crazy track out of these on the grounds that it begins quick and simply has that unadulterated whip sound to it. Entirely cool tune So my decision is this is an incredible collection if youre a Metallica fan. Despite the fact that its not on a par with different collections that I recorded yet in the event that youre a metal head, at that point you will appreciate this incredible collection by one of the best whip metal groups.
Friday, August 21, 2020
Work placement Essay Example | Topics and Well Written Essays - 250 words
Work position - Essay Example Second, I needed to increase satisfactory information about the genuine duties of a creation engineer, which is the thing that I am bound to be. Ultimately, I planned to arrange with the goal that I could have joins when I at last alumni and dispatch quest for new employment. I evaluated my targets to assist me with deciding whether my learning was on course. Despite the fact that my work was testing, I figured out how to accomplish the majority of my goals. I currently comprehend what duty I will be accused of later on, have immense information and down to earth aptitudes about creation and furthermore settled a decent system with different creation engineers and other notable individuals in the field of building. I additionally figured out how associations work and the difficulties they face just as a portion of the procedures they use to beat creation issues. In any case, I understood that it needs a more drawn out length to adequately figure out how organizations work and beat their issues. Also, I found out about compelling administration aptitudes, particularly participative initiative, which incorporates all representatives and guarantee effectiveness in the creation procedure. I likewise figured out how the association works, their difficulties and how they go about
Saturday, June 6, 2020
Deanââ¬â¢s QA Melinda German, Villanova School of Business
Deanââ¬â¢s QA: Melinda German, Villanova School of Business by: Andrea Carter on August 01, 2018 | 0 Comments Comments 453 Views August 1, 2018Melinda German is associate dean of the undergraduate business program at the Villanova School of Business. Photo by Aileen BannonItââ¬â¢s safe to say that Melinda German loves her work. For more than 15 years sheââ¬â¢s served as dean of the undergraduate program at theà Villanova School of Businessà (VSB) ââ¬â ranked 17th among PoetsQuantsââ¬â¢ Best Undergraduate Business Programs. In the schoolââ¬â¢s endeavor to develop business leaders for a better world, Dean German oversees a program with six majors and a student body made up of 1,700 undergrads. The best part of the job, she says, is getting to know the students and seeing them transition from bright-eyed freshmen into full-fledged business professionals, entrepreneurs, and more.Still, there is much to keep her eyes on. For instance, ensuring Villanovaââ¬â¢ s business students are prepared for the changing demands of technology and analytics (the school recently added a required Business Analytics course to its curriculum) and encouraging incoming freshmen and their parents to remain open-minded when it comes to navigating business school and choosing a career.In the interview that follows, Dean German tells PoetsQuants for Undergrads whatââ¬â¢s changed in business education throughout her long-standing tenure as dean and offers a glimpse into the culture and life of an undergrad at Villanovaââ¬â¢s business school.PQ: How has business education changed or evolved in your time in business higher education? What are some of the key changes that stand out to you?German: I think thereââ¬â¢s been a greater focus on career preparation and professional development. PQ: How have students changed over the years? German: Theyre more focused in terms of careers than in the past. I think our students are very well prepared for their colle ge years as well as for life after Villanova. I think theyre more focused and driven. PQ: What are the key trends in undergraduate business education youââ¬â¢re paying attention to at the moment?German: A lot is being demanded in terms of tech and analytics and what students must be prepared for has changed. I pay a lot of attention to making sure that theyââ¬â¢re equipped with the skills and tools theyââ¬â¢ll need.PQ: Describe one common trait about Villanovaââ¬â¢s business students.German: What we hear from employers is they hit the ground running and they are the roll-up-the sleeves-and-get-the-job-done types. Theyââ¬â¢re dedicated and motivated and theyââ¬â¢re hard workers with great work ethics.PQ: Describe the culture at VSB.German: I see it as a very collaborative environment. Students are very supportive of one another. They tend to play well together and work well on teams and projects.PQ: Whatââ¬â¢s the most popular area of study at VSB?German: Finance is by far most popular. In the undergraduate program, there are about 1,700 total students and about 60% of them are finance. But we also have a lot of double majors. Behind finance is accounting and then marketing. PQ: What are the top jobs, companies, industries your students are pursuing?German: A lot of students are attracted to Wall Street and the Wall Street firms as well as the Big Four accounting firms. Advertising and consumer packaged goods are the gamut of our marketing positions.PQ: What advice do you have for high schoolers who are interested in studying business in college?German: I would say to keep an open mind and allow time to explore options. We get students during freshmen orientation who say, ââ¬ËIââ¬â¢m going to be a finance and accounting double major with a minor in XYZ.ââ¬â¢ Give yourself the opportunity to explore whatââ¬â¢s here and take advantage of the resources and opportunities that are available. PQ: Any advice for parents?German: Allow y our child to grow. Theyââ¬â¢re going to make mistakes and learn from those mistakes. Allow them to grow and mature. PQ: What do you enjoy most about your role?German: Getting to know the students and working with the students. Seeing them get from freshman year and beyond. DONââ¬â¢T MISS: HOW VILLANOVA GETS ITS BIZ MAJORS JOBS or THE UNINTENTIONAL TRAILBLAZER AT VILLANOVAââ¬â¢S BUSINESS SCHOOL Page 1 of 11
Sunday, May 17, 2020
India Today Free Essay Example, 3250 words
Ultimately, a strong political will among its leaders should be the ultimate solution to the problem. The country could take lessons from other Asian countries that have made a dramatic turnaround. There is the case of South Korea, for example, which was also plagued with the same problems in the 1970s and 1980s (Heo Roehrig, 2010, 35). A succession of strong governments that instituted reforms was able to address the problems that prevented its economy from finally taking off. India has a considerable population and its experience may be a little different. The reforms could be more difficult to achieve and that results may be gradual, but all these depend on the political leadership, which has the capability to see them through. Finally, it is also important to emphasize the need for a better classification of poverty levels. There is a tendency to focus on the poverty line; that the critical level is the one below the demarcation. Governments tend to emphasize this to sugarcoat its own economic performance. The less the segment classified as poor, the better it is able to trumpet economic development, which is an excellent political propaganda material. We will write a custom essay sample on India Today or any topic specifically for you Only $17.96 $11.86/page There is, however, an underlying variable in the poverty issue. When the poverty level is determined, the criteria must include those that are appropriate in the case of India. To put it another way, one should not forget to view poverty in the context of the Indian experience.
Wednesday, May 6, 2020
Factors That Influence Cognitive, Social And Physical...
There are factors that can influence cognitive, social and physical development. Everyone develops at a different pace. Tyra Beckett development was different and not easy. But she overcame her challenges and became the person she is today. Tyra Beckett is a native New Yorker, who moved to Virginia. She has faced many obstacles in her life such as not speaking until three, having a speech impediment, losing her father, being bullied and stressing in college. She plans on finding a career in Human service, helping the community and finding love. At a young age she was taught about spirituality. She attended bible studies, events and church every Sunday and holiday. Her spirituality has been a positive influence on her and her decisions. Spirituality and her development will continue to affect her decision into the rest of her life. Everything Tyra is today is because of her spirituality and belief in God. Introduction Tyra Beckett is s twenty-one years old student. Her family consists of her mother Theresa her father Hezekiah, her sister Kia, and herself. Her family is native to New York. They are a Christian African American family. Her mother is fifty four years old, her father is fifty years old and her sister is twenty four years old. They now reside in Richmond, Virginia. Everyone has experiences that theyââ¬â¢ve experienced recently or in the past in their lives. Tyra is the person she is today due to her experiences. There are many influencing factors thatShow MoreRelatedPhysical and Social Factors That Influences Growth and Development882 Words à |à 4 PagesPhysical and Social Factors that Influences Growth and Development Development is often divided into specific domains, such as gross motor, fine motor, language, cognition, and social/emotional growth. These designations are useful, but substantial overlap exists. Studies have established average ages at which specific milestones are reached, as well as ranges of normality. 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What has influenced this level of physical development is the amount of myelin in the brain increases and raises the speed at which electrical impulses travel between neuron. Which, makes massages reach muscles more rapidly and control them better. Enrique, in the other hand, his physical development is more sophisticated than Alexanderââ¬â¢s. Enrique, who is 9 years old is very active but with more control. He is fasterRead MoreIntelligence : Effects Of G enetics, Environment, And Outside Influences1428 Words à |à 6 Pages2015 Intelligence: Effects of Genetics, Environment, and Outside Influences Many people often wonder what makes them who they are--what creates their identity. Part of a personââ¬â¢s identity is his or her ability to succeed in school, comprehend complex concepts, and invent creative ideas. This is intelligence--a complicated trait that involves and is affected by many different factors. A personââ¬â¢s intelligence is his or her general cognitive ability, including abstract reasoning, sensory reception, planning
Case Study of Digital Forensic
Question: As part of the auditing team in capacity of a Digital Forensics expert, your task is to prepare digital forensics investigative plan to enable a systematic collection of evidence and subsequent forensic analysis of the electronic and digital data. Assuming all systems are Windows based, this plan should detail following: 1. Justify why use of the digital forensic methodology and approach is warranted including procedures for corporate investigation. 2. Describe the resources required to conduct a digital forensic investigation, including team member skill sets and required tools. 3. Outline an approach for data/evidence identification and acquisition that would occur in order to prepare the auditors for review of the digital evidence. 4. Outline an approach and steps to be taken during the analysis phase making the assumption the computer system is a Microsoft Windows-based computer. 5. Create a table of contents for the investigative plan describing what the primary focus of the report would be. Answer: Abstract Cyber crime is increasingly spreading with the same pace of the advancement of the information technology. Securing the existing data has become equally important as developing the new software technologies in the industry. The case study is done to conduct the digital forensic investigation on an existing company, Global Finance, which has been wide spread its services throughout the world and enabled network among them through the information technology. However, security standards are not set and followed, through there is enough technology and expertise available. Digital forensic investigation is applied to investigate the compromise that was suspected in one of its branch offices of the company. Introduction Computer technology and information technology has become an integral part of the human life and business life in the present world. The technology and usage are growing proportionally, unfortunately the cyber crimes are growing with the same pace. Computer crimes and cyber crimes, such as unauthorized access, intrusion, financial fraud, intellectual theft and identity theft have been the part of the cyber world. Computer digital forensics do play vital role to counteract these computer and cyber related crimes. Computer Forensics involves obtaining and analyzing digital information for use as evidence in civil, criminal or administrative cases (Nelson, B., et al., 2008). The present case study involves the digital forensic investigation in the Global Finance branch office, Queensland in Australia, regarding a compromise suspected in a managers computer in the same branch. Information security officer from the head office has enforced the audit team to conduct the investigation and s ubmit the report with all the digital forensic evidences. Global Finance Compnay Global Finance is an investment company having 10,000 employees working in its branch offices, all over the world. The company has wider range of interests like investment, superannuation and retirement. The company has wider range of clients, right from an individual to larger corporate and superannuation fund investors. Company has investment management expertise in property, global shares, credit, private equity and infrastructure. Global business of the company has been facilitated to forward its vision, using the information technology. Though investments were made in the year 2000, focus is lost in updating the network and application infrastructure to support all the operations. The network environment among all the child organizations is flat and unrestricted. So, users from one child organization can access the servers of the other child organization without any authorization. All the servers and workstations are Microsoft-Windows based systems. There is a poor implementatio n of the network segmentation and firewalls. Logging and intrusion detection do exist, but hardly implemented and used. Concern The concern has been initiated from the manager from the Brisbane branch, who has contacted the information security office in the head office. The concern of the manager is that his computer is suspected to be compromised by someone. Action Since information security office is accountable for any kind of compromise or breach of the information in the head office and child organizations, the suspicion is taken by them seriously. A team of auditors is formed to investigate the suspicion. Tasks The audit team has been assigned the tasks of reviewed paper based company documents and undertakes digital forensic analysis of the computers at the regional office. So, digital evidences are to be collected from the relevant desktop PCs and email accounts. The necessary files to be collected and examined are MS- Word documents, spreadsheets, Outlook and deleted files. Digital Forensic Methodology The information security office prefers digital forensic methodology for investigation, as it includes all its sub branches, like computer forensic, mobile device forensic and network forensics. In the Global Finance regional branch computer forensic, network forensic along with the data recovery must be done towards completion of the investment. Scope Of Investigation The scopes of digital forensic investigation conducted in the regional office are, Identifying the malicious activities, in detail with 5Ws or When, Who, Where, Why and What Identifying possible security lapse in the office network Finding out the compromised managers computer and the network systems impact Identifying the necessary legal procedures, when applicable Providing remedial future actions to secure this regional office and then the rest of the child organizations of Global Finance Systematic Forensic Digital Approach Computer Forensics is a new field and there is less standardization and consistency across the courts and industry (US-CERT, 2012). For Global Finance company, the digital forensic approach to be followed is a three stage process. Acquisition / Imaging of exhibits Analysis Reporting Resources For Digital Forensic Investigation Tools The audit team must have the necessary methodologies like static and dynamic methodologies. The tools that are useful for digital forensic investigation in the Global Finance are, EnCase and ProDiscover to check the network system in the regional office. Principles Since the investigation in the Global Finance company is a private digital forensic investigation, the audit team must abide the following four principles. Principle 1: Data collected from all the sources of targeted computers should not be changed or altered, as the original has to be preserved for the submission of the report. Principle 2: The audit team must be enough competent to handle the original data collected safely and every course of action must be supported by the explanation with the evidence. Principle 3: An audit trail as well as the other documentation involved during the process must be created and well preserved. The same results are expected to be achieved if the same process is executed, by others. Principle 4: The entire team is responsible and accountable for the digital forensic investigation conducted in the Global Finance company. Skill Set of Team Members The audit must acquaint all necessary and deeper expertise in the operating system, kernel system and network system of how these work at the core level. Preparation Process Gather all the available information from the managers and other workstations and servers Identify the impact of the investigation to the Global Finance Company in terms of downtime, etc. Obtain network information Identify external storage devices Identify all forensic tools applicable for the infrastructure in the regional office Documentation of each and every activity during the investigation Capture the network traffic, live Imaging the target computers and then hash for integrity of data Approach For Evidence Identification Identification of the digital evidences from the managers computer, which is the targeted computer is done by collection of the following evidences. 1.System Log files 2. IP addressesNetwork information like routers, hub, switches network topology documentation, servers, workstations, network diagrams and firewalls 3. Information from the external storage devices, CD, DVD, flash drive, pen drive, portable hard disc, remote computers and memory card Approach For Evidence Acquision For the Windows based servers and workstations present in the Global Finance regional branch, acquisition approach goes in two steps. Volatile Memory Acquisition The primary volatile memory here is the RAM, from which exact sector level duplicate, which is also called as forensic duplicate has to be created. The memory accessed from the managers computer and other computers should not be modified for the reasons of reporting, so write blocking device is used to preserve the original. Newer technologies and tools enable the team to use live acquisitions so that the logical copy of the digital volatile data evidence can be obtained. The logical copy and the original content are compared or hashed with the use of SHA-1 or MD5 algorithms, so that the values are compared for the accuracy of the copy. Managers computer must be accessed through the LAN. Use the following command cryptcat 6543 k key then acquire target computer data with the command, cryptcat -1 p 6543 k key Additionally, graphic user interface tools, Rootkit Revealer, Process Explorer and Tcpview are used to retrieve system data, time, running processes, logged user, open ports and network connections. Other tools that are Windows based for volatile data capture are, HBGras F-Response, ipconfig, doskey, netfile, netusers and qusers, HBGrays FastDump, so that all the network traffic towards the managers computer can be identified. Then clipboard content is collected. Non-Volatile Memory Acquisition or Forensic Imaging Non- volatile memory or permanent memory is also acquired for digital forensic evidence. The data present in the hard drive of the managers workstation, other workstations and server are collected through imaging or hard drive duplicator tools, like Guymager, FTK imager, DCFLdd, EnCase, IXimager, etc. Offline data is collected through forensic imaging and online data is collected Wireshark and ethereal tools to collect information like antivirus logs, firewall logs, domain controller logs related to the managers computer. Approach For Analysis With Assumptions After all the potential data is identified and collected, examination is conducted on the Windows registry, file system, network forensic examination and database forensic examination. The following commands are used for file system examination here in the managers computer C:echo text_mess file1.txt:file2.txt And retrieve the file with c:more file1.txt:file2.txt For Windows registry examination, the hives of the structure are to be examined, HKEY_CLASSES_ROOT HKEY_CURRENT_USER HKEY_LOCAL_MACHINE HKEY_USERS HKEY_CURRENT_CONFIG Network forensic is done through the tools and techniques to access the potential information from the managers computer. Service listings Process listings System information Registered and Logged on users Registry information Binary dump of memory Network connections Network forensic tools that are used here are, TCPDumpWindump, NetStumbler, Wireshark, Argus, Sleuth Kit. The audit team can use many of the methodologies and tools to recover the evidence material and analyze. The team does analysis of the workstations and servers as the following. 1.Keyword searches in the existing files, like MS-Word, Spreadsheet, Outlook files and also with the slack space and unallocated space. 2. Recovery of the deleted files, if any 3. Extracting the registry information for the managers workstation and other workstations along with the server. The registry information also has to be collected from the USB devices and user accounts. For the recovery from the workstations and server, specialist tools FTK, EnCase and ILOOKIX are used. Auditors team can use these tools to recover the chat logs, internet documents, internet history, emails, images, cache files of OS, accessible as well as deleted space from the managers computer. Hash signature forensic tool is used to find notable files from the managers computer. When SSD drives are used, the data can be accessed even after secure erase operations. After the analysis is completed, actions and events are reconstructed to reveal, how the compromise is initiated and who has done this, either within the regional office or from the other child organizations of the company. So, after the analysis and audit, the audit team comes up with the answers for the following objectives. Accountability of the administrators and users in the regional office Opportunities to reconstruct the events Detection of the attempts violation of the security of information Providing information of identification and analysis of the problems The Report After a detailed acquisition and analysis of the digital forensic evidences are done, finally the report is generated by the audit team, in the form of a written report. The report contains the following lay man terms and language. Final Report Purpose of the Report The report contains the purpose of digital forensic investigation of the Global Finance Company to find the source and reason of the compromise happened to the managers computer, present in its regional office. Author of the Report The audit team Incident Summary The sources and reasons of the compromise of the managers computer are from the a, b, c reasons. Evidences All the files, log data, registry data and malware investigation data as digital evidences Analysis All the potential digital evidences, like Word, Spreadsheet, Outlook and emails are analyzed Conclusion All the servers and workstations including the managers workstations in the regional office are thoroughly investigated for the digital evidences and its sources are found Documents to Support Documents to support are, Volatile data, non- volatile data, log info, tool generating info and registry info and so on. Conclusion The compromise caused in the regional branch of the Global Finance is investigated through the Digital Forensic Investigation and the report is being submitted. References 1. Cyber Forensic Investigation Plan, International Journal of Advance Research (2008), UOAR.org, Volume 1, Issue 1, accessed on 9 January, 2015,. 2. Siti Rahayu Selamat, Robiah Yusof, Shahrin Sahib (2008), Mapping Process of Digital Forensic Investigation Framework, JCSNS International Journal of Computer Science and Network Securit, Vol 8. 3. Kenneth J. Zahn (2013), Case Study: 2012 DC3 Digital Forensic Challenge Basic Malware Analysis Exercise, GIAC (FREM) Gold Certification 4. John Ashcroft (2001), Electronic Crime Scene Investigation, A guide for First Responders, NIJ Guide 5. M Reith, C Carr, G Gunsch (2002). "An examination of digital forensic models". International Journal of Digital Evidence 6. Richard Brian Adams (2012), The Advanced Data Acquisition Model (ADAM): A Process Model for Digital Forensic Practice 7. Agarwal, A., Gupta, M., Gupta, S., Gupta, S. C. (2011). Systematic Digital Forensic Investigation Model, International Journal of Computer Science and Security, 5(1), 118-130. 8. Armstrong, C. (2003), Mastering Computer Forensics. In C. Irvine H. Armstrong, Security Education and Critical Infrastructures Kluwer Academic Publishers. 9. Aquilina, M.J., (2003), Malware Forensics, Investigating and Analyzing Malicious Code, Syngress, 10 Carvey, H., (2005), Windows Forensics and Incident Recovery, Boston: Pearson Education Inc.
Monday, April 20, 2020
Macroeconomics free essay sample
The current global recession has been caused to a large degree by debt-fuelled growth in the housing market, often due to irresponsible lending practices, coupled with unregulated trading of mortgages on the bonds and derivatives markets. One of the key factors that allowed for the property bubble to expand so rapidly was the ubiquitous nature of ââ¬Ësubprimeââ¬â¢ mortgages. These were essentially loans, which generally required no deposit, that were extended regularly to people without the requisite income to pay off the debt. In an effort to fight off a recession arguably as bad the Great Depression, governments worldwide have attempted to combat growing unemployment and shrinking economies by way of massive stimulus packages. This essay will analyse the aforementioned issues surrounding the causes and severity of the current recession, governmental responses to the economic crisis, and how these responses differ from the Great Depression, in the context of relevant macroeconomic theory in order to reach an informed conclusion regarding the effectiveness of contemporary government intervention. We will write a custom essay sample on Macroeconomics or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The subprime mortgage is widely agreed to have been the catalyst for the recession as a whole. There were, however, a number of other causes that contributed to the problem. Firstly, in the case of the USA, the Federal Reserve was slow to raise the interest rates after the US economy recovered from the 2000/01 recession. As the interest rate continued to remain low, the interest rate effect on aggregate demand encouraged greater spending on investment goods. In the case of many Americans, investment goods equated to housing and thus many took out mortgages to purchase houses purely on the basis that they could resell them for a profit. This was made possible in large part due to the prevalence of subprime loans and interest-only loans. A sub-prime mortgage is a mortgage that is given to a borrower whose credit rating would not ordinarily qualify them for a conventional mortgage; hence they inherently have a higher risk. Interest-only loans, of which a large percentage were also subprime, are structured in such a way that the borrower is initially only paying back the interest on the mortgage of a house at a lower interest rate for a period usually between 1 to 5 years. Whilst many consumers took out these types of loans with the idea of reselling the house for a profit before the interest rate rose, this concept only worked if house prices continued to rise. Inevitably, when interest rates settled at a higher equilibrium due to the high demand (Mankiw, 2002), many people with interest-free loans were stuck with houses they couldnââ¬â¢t sell and interest rates that they werenââ¬â¢t able to afford, leaving the bank with a house that would have to be sold at a loss. These high-risk loans becomes tools of financial engineering as banks bundled good and bad loans into derivatives which were in turn often bundled into CDOââ¬â¢s (collaterised debt obligations) whose worth was tied to the value of the mortgages. When these mortgages began to default rapidly, many investment funds began to panic and began selling these CDOs as quickly as possible, causing a shift of the aggregate demand curve to the left due to the pessimism in the market and removing trillions of dollars of value from many of the major funds. As Investment (I) constitutes a portion of GDP, this massive loss caused a substantial decline in GDP, and because GDP is inversely linked to income this led to much higher than usual levels of unemployment. (Garrison, 2000) This is due to a large drop in aggregate demand, which caused companies to lay off workers in an effort to reduce costs and remain in business. The fallout from the CDOs was global, many of the investment funds that had purchased these bonds represented international or foreign investors and as such the impact was both severe and worldwide. Key economic indicators all indicate that the effects of the recession have been harsh: World industrial production is down 10%; World stock markets down 30%; and the Volume of world trade down 20%. Governmental response to the economic crisis so far has been based primarily on large stimulus packages designed to reduce unemployment and revive the economy. Obamaââ¬â¢s stimulus plan, the ââ¬Å"American Recovery and Reinvestment Act of 2009â⬠, alone has spent $787 billion (USD), on top of the $152bn spent on the 2008 stimulus bill. This policy is supported to a certain extent by the concept of the multiplier effect. This theory states that government purchases have a ââ¬Ëmultiplier effectââ¬â¢ on aggregate demand, so that each dollar of public spending will generally raise the aggregate demand by more than one dollar, with the formula equating to m = 1/(1 ââ¬â MPC). (coursebook ref) A number of factors, however, combined to dampen the impact of this government spending. Pessimism about the economic climate, along with the perception that the rebate was a one-off measure, caused some individuals to change their spending habits, leading to a number of people using the lump sum tax rebates of the 2008 stimulus package to either pay off debt or save the money. This effect, in fact, was not as widespread as many economists predicted, household spending actually rose on average by 3. 5%, causing some studies to label the plan as a success (Broda Parker, 2008). The 2009 plan suffered to an extent from the crowding out effect, caused by higher interest rates due to elevated levels of government spending. An application of the laws of supply and demand reveals that an increase in the price of a loan, i. e. the interest, leads to a decrease in the amount of credit demanded.
Sunday, March 15, 2020
5 Great Careers That Wont Ruin Your Social Life
5 Great Careers That Wont Ruin Your Social Life everyone wants a bit of work-life balance, right? studies show that employees who are able to disconnect from their job and maintain time for themselves are typically more satisfied and productive when theyââ¬â¢re at work. so if youââ¬â¢re currently in a job where you feel like things are unbalanced, what are your options? glassdoor has compiled a list of the most work-life-balance-friendly jobs.the top five:1. data scientistdata scientists are very 21st century creatures: they take data from a variety of raw sources and look for patterns, trends, conclusions, etc. itââ¬â¢s a pretty specialized field, with a strong background in analytics, statistics, math, and computer science usually required. once you have the training, though, the pay is high ($114,808) and the number of openings is growing all the time as companies want real-time analytics. data scientists already in the field rated their job as ââ¬Å"very satisfyingâ⬠in glassdoorââ¬â¢s survey.2. seo managerif youââ¬â¢ve ever noticed the ranking of search results when you google something, youââ¬â¢ve seen the handiwork of an seo manager. these professionals analyze web traffic data and try to architect new ways to push their content to the forefront of peopleââ¬â¢s web searches. the median salary is $45,720, and this is another tech career that will be growing and evolving for the foreseeable future. current seo managers were in the satisfied to very satisfied range with their work-life balance.3. talent acquisition specialista company is only as good as the people it hires, and that makes talent acquisition a top priority. finding and recruiting top candidates falls to the talent acquisition specialist, who can go out and meet a companyââ¬â¢s staffing needs using expertise and extensive outreach to find just the right people. with a median salary of $63,504 and a ââ¬Å"satisfiedâ⬠rating on the survey, who better to help others find work-life balance than a professiona l whoââ¬â¢s found it in their own work?4. social media managerbeing a companyââ¬â¢s brand ambassador seems like it would be a round-the-clock job. (am i the only one who imagines someone huddled over twitter in the wee hours of the morning?) however, this is not the case- social media managers fall into the range of satisfied to very satisfied with work-life balance, possibly due to the portability of their work (social media can go wherever you go, after all). the median salary for social media managers is $40,000.5. substitute teacherif youââ¬â¢re interested in a career in education but donââ¬â¢t think that a full-time teaching schedule is for you, becoming a substitute teacher might give you the balanced schedule you need. the salary isnââ¬â¢t as high as some others at the top of the list ($24,380), but the job received high marks on the ââ¬Å"satisfiedâ⬠spectrum for the flexibility involved.
Friday, February 28, 2020
You Are What You Eat Essay Example | Topics and Well Written Essays - 500 words
You Are What You Eat - Essay Example Also I exercise a lot which I consider a great way to keep myself in shape. With so many activities, it is important to have a balanced and a varied diet. I do not have any health conditions nor is anyone in my family suffering from a disease that has genetic origins therefore I do not have pre-disposition to acquire a genetic disease. The top ingredients in my diet are carbohydrates, proteins, fats. Protein is a natural ingredient which is present in all the living organisms. It is one of the most important building blocks of life. Proteins play an extremely important role in making up human body and they are present in almost every part of it, from blood to hair, a large number of organs comprise of protein. Therefore an important portion of the diet should be dedicated to the intake of proteins so that the repair and growth mechanisms continue to operate in the best possible way. Our body needs a certain amount of protein daily so that it can carry out the vital processes of life. It is needed to repair tissues, form broken cells and also in blood where it is necessary for efficient transfer of oxygen to all the organs of the body. Deficiency of protein can lead to a lot of serious diseases. I take a lot of fish, beans and poultry items in my diet which are rich in different types of proteins (Boylan, Spallhoiz, & Driskell, 2008). These are all natural sources so are free from any possible side effects.
Tuesday, February 11, 2020
The pharmaceutical industry Essay Example | Topics and Well Written Essays - 500 words
The pharmaceutical industry - Essay Example These blockbuster drugs, which could have yielded substantial profits for their manufacturers have to be pulled out of the market due to mounting number of lawsuits from patients. These episodes have also proven to be public relations disasters for the pharmaceutical industry, which could explain the decline in profits. There are some political reasons as well. For example, growing health-care costs are heatedly debated in the Congress and Presidential races. Healthcare costs in the United States are the highest within the industrial world and its outcomes are some of the poorest. The pressure from the general public to reverse this trend has meant that politicians are skeptical to make further concessions to Pharmaceuticals industry. Also, there was a dip in the annual spending on prescription drugs since 2003. Between 1990 and 2003, there was a 12.5% annual increase in spending, which was expected to lower to 10% annual growth till 2013. Hence, there are a multitude of factors that have contributed to the decline in profits of pharmaceutical companies. Going forward, the prospects for the pharmaceutical industry will depend on the usefulness of genomics technology in helping find cures for various chronic ailments. Again, there is a political angle to this scenario, as conservative sections of the demography are against stem-cell research and genomics-based medical interventions, which they argue is unethical from a theological viewpoint. Having said so, scientific advancement in this area could open up plenty of revenue generating opportunities for companies in the pharmaceutical industry. There are some valid threats as well, including the pressure exerted on the judiciary to reduce the span of proprietary patents from 20 years to lesser. The smaller competitors to mega-corporations like Pfizer argue that the monopoly offered by such patents virtually wipes out competition and hands over unlimited pricing power to
Friday, January 31, 2020
Consumer Behavior In The Fashion Industry Essay Example for Free
Consumer Behavior In The Fashion Industry Essay Introduction This study is aimed at analyzing the consumer behavior towards the fashion industry especially in consideration young and mature women in London. Fashions are concerned with the production of fashion clothing. Most consumers in the world today are concerned with the features of the product as they form most important factor in determining the consumer behaviors. Take for example of products of fashion show for young and mature women. The industry is involved in the manufacture clothing. Due to increase and growth of consumerism, the clothing should come up with clothes that make women move with times thus increasing consumption and production. Consumer behavior in the automotive industry especially in consideration to general motors is influenced by culture factors, social factors, Personal factors and Psychological factors. Look more:à the consumer buying process begins when essay RESEARCH OBJECTIVESà The answers to this question will enhance my professional knowledge and competence in many ways.à As a professional I will understand factors influencing consumption in the industry and will enable me make recommendations on improving the fashions market share.The answers to this question also will assist me as a professional by motivating me to ensure that that I work improves their products. 1)To review literature on fashion behaviour and the factors influencing 2)To compare and contrast the buying behaviour of mature and young woman in London regarding buying of fashion clothing 3)To identified the key factors influencing the buying process of fashion clothing in young and mature woman in London 4)To provide recommendation to manufacture of fashion clothing and fashion retailer. Scope of the study The scoop of the study follows literature review of factors influencing. The researcher manages the entire gamut of processes from initial stage of identifying the problem to final stage of report writing. The capabilities required by the researcher in this research in managing the entire project and providing real time for information sharing, decision synchronization and research optimization to all stake holders. What are necessary attribute required by a researcher to manage the dynamics of marketing based on the requirements by industry. However, this study assumes that other factors like family background financial, stability of the family place of birth, race, have no impact on the consumer behaviors. The proposed study will be used as a supplementary framework to focus entirely on the competence of the research. The objects of the study will include; Experimental Correlation Survey Grounded theory Ethnography Narrative Mixed method Action research. This study will be based on a process based on experiment using practicalââ¬â¢s as a platform to develop method which will be used as evaluation criteria for the research and researcher in this research question and future researchers The critical review Literature review Consumer behavior in the consumption of any product any where in the world is influenced by culture factors, social factors, Personal factors and Psychological factors. Culture factors In world today culture is one of the most fundamental determinants for one when deciding the product to consume. This is because of a wide range of products and services.à Most of the people due to their cultural influence have started preferring certain products.à Children growing up will learn the culture of parents or peers thus preferring specific values that are crucial to a determining consumption. One of the values they like most is comfort.à These values common in children remain in them even if they grow up. From the culture, somebody may develop certain spending patterns is not something strange.à A child growing up in specific culture is exposed to achievement, success, beliefs and other cultural factors that influence behavior towards consumption. Cultural factors real influence a consumer behavior. Where people believe in values like efficiency and practicality it will influence their consumption is such a situation products that are known to be very efficient in their operations will be preferred. Each culture consists of smaller subcultures that provide more specific identifications.à To its some people consist of racial groups such as the Africans, Americans, Europeans and Asian each have good distinct cultural styles.à They are known to prefer products for example consumption of pork may be rare in middle east because culture and religion. Social factor à Another factors consumer behavior is greatly influenced by social factors like statuses, family and reference groups.à When once goes to the market to purchase a product he will take consideration to his membership groups, social class and family.à These are groups having direct influence to once buying decisions.à These are the groups one associates with most of his time. We have some groups like the upper class prefer buying some products which are not preferred by lower class.à Since companies produces many types of products that fulfill needs this groups and attracts many people.à The influence of a family is very great.à These families using specifics brands greatly encourage their family members to also consume similar products. Co-worker also influence oneââ¬â¢s buying decision.à If a boss buys a given commodity the juniors will also try to buy the same. People are also influenced by reference groups in three ways.à Reference groups usually expose a person to a new behavior and lifestyle.à One can belong to a group whose lifestyle believes at consuming a certain product.à If a company produces high quality brands it stands at a better chance of making more sales to such reference group. Reference groups also influence oneââ¬â¢s attitudes because their desires fit in these groups. People may prefer some products from a certain company, hence once could like to join his friend or family member towards belonging to the same social class by buying a that product. Also reference groups influence similarity and conformity that may make a person to alive at a specific decision.à So doing one will eventually buy a product similar to that of his friend. People who are in the same social class share similar values, interests, and behavior.à For example there is upper class people who are social elite with a good family background. Personal factors Age and life cycle stage greatly influence consumer buying behavior of almost all products from all industries. Most Bachelors tend to prefer specific brands associated by most youths. But those who are newly married, young and better of financially prefer buying consume different products. In making the final decision of buying a product oneââ¬â¢s personal characteristics like his age and life-cycle stage, lifestyle, occupation, economic circumstances and personality will influence his choice. Companies take much consideration to personal characteristics of various groups of people before coming up with a product in order to meet the needs and demand of its people. A child growing up and exposed to some values like material comfort, external comfort and achievement and success will be influenced by those characteristics to consume. For example in America people like buying products that gives them external comfort. People in various professions like occupation managers, school heads, senior government officers, mayors, engineers, lawyers and physicians usually buy some products with the most recent technology. Economic circumstances also influence once buying pattern.à Most people especially those who are highly paid with good saving and with good personnel incomes buy expensive products. The lifestyle of a person influences his or her buying pattern.à People may belong to the same occupation, social class and subculture but leading different lifestyles usually prefer products that feed that group. Personality and self-concept: Personality and self confidence also influence consumers buying behavior products and services. For example expensive car, which are electronically controlled and having four wheel drive systems are associated with people who have high Self-confidence Psychological factors Motivation: some people get satisfied when they buy specific products.à people feel that they have satisfied specific needs by buying certain goods and services. Perception: once a person has been motivated he is willing and ready to act.à Most people to be motivated in order to act will depend mostly on their perceptions of the situation. Two people in the same motivated state may act differently depending on how they perceive the situation. A product may appeal to the perception of a specific customer.à For example various colors that cars are attractive giving customers a good picture of the real quality of this car. Beliefs and attitudes: most people follow some set of belief when making a decision on the type of product to consumer. A belief about a certain product will also influence consumption.à These beliefs make up brand images and most people have been proved to act on these images. People always have good attitude towards specific products and if this product meets the performance according to the needs, desire and attitudes consumption will be influenced. METHODOLOGY: The purpose of the study is to find out factors that influence fashion consumption in UK. The phenomenological research design that will be used will involve a study of the consumer behaviors and consumption in fashion industry. This particular study will be done in two phases where the first phase will involve completion of a questionnaire which is commonly known as a questionnaire survey by individuals. This questionnaire survey will be done on a sample of twenty fashion show owners within London . And the second phase will involve the use of some interview which will be in some way semi structured. Each given phase in this design will address the different research questions and their concerns. At some point within the first phase, there will be cases of the first qualitative phase relying on the some quantitative phases that might have been in use in the design. The interviews that will be used in the design will be carried out in a sample of twenty fashion show owners. The interviews will serve to give out information concerning buying behaviorsââ¬â¢ among women. These surveys will therefore give some contextual information about the consumption of a specific fashion. Some studies will be conducted using single stage designs and others like this one will be conducted using the two-stage design. When using the two stage design, the contextualization that will be given in the first stage will be very much helpful (Jasper, 1994). The survey will provide a specific frame for which sampling will be done from for the semi structured interviews that will be done on the fashion operators and buyers. And gaining access to the twenty fashion owners will be very essential to getting the right information concerning the consumption of fashion among young and mature women from the sampled group of a given part of city which will be a representation of the whole population of the young and mature. The given questionnaires will have the contacts so that the used sample can be contacted incase more information will be needed. The quantitative data that will be gotten from the phase of questionnaire survey will now be used to get through to the qualitative sample. The questionnaire surveys have always been made with the above additional purpose in mind. In the cases where one researcher will have to make attachments of qualitative sub samples to samples that will be statistically derived will lead to another mixed method of designs in qualitative research methods (George, 2000). Such mixed methods of designs will most of the time benefit the qualitative researchers in that they give them the chance to have a selection of the specific cases from which they will be able to draw upon information that will be contextual that will also enable them to put their hypothesis under test on a large samples that will be statistically be represented. Therefore in most cases, the researcher will have to be decided on which research design he will use in his project. Some researchers do use multiple designs while others will use single designs. This purely depends on the project that one is doing and which research design the researcher will be most comfortable with. There are three major components in a research design model and they are; determination of the limits of the people to be investigated and also what will be investigated, the collection of data and the last component is the analysis of the collected data in a phenomenological manner. In the first component, the researcher will have to know to what limits the participants in the survey will get in trying to give him the required information. Here the researcher will have to put in mind the limits of the twenty fashion owners in trying to give him information as far as matters of fashion consumption. In addition, the researcher will have to have specific issues which he would want to research on (Joan, 2004). At this point in time, the researcher will have to carry out his project purely on the safety of the crane operators. In trying to get information, the phenomenologist will have to engage himself in an in-depth probing so that quality information may be found. After identifying the sample group that will help in giving the required information, the following step will now involve identifying the most efficient data collection methods. The following methods will be the most preferred methods for this particular survey; the in-depth semi structured interviews that will have to be tape recorded and later on be transcribed. The second data collection method will be the use of a documentary study from which the writings of the subject matter will have to be reviewed so that their meanings can be properly derived from them. This second method will be used hand in hand with the first method (Johnson, 2000). The third and the last data collection method will be the technique of the participant observation. This particular technique will lead to a generation of some kind of an interview. It will be worth noting that in phenomenological research tape recording is important because the tapes will later be transcribed. Sampling designs strategies in qualitative research. There are many different qualitative sampling designs that will be used at the different stages of the research or still they will be used for the different purposes of the research. There are those questions that the researchers should constantly be asking themselves which will serve to give relevant information on the sampling strategy design that the researcher would have chosen to use. It will be very crucial for the researcher to give a clear definition of the objectives of the research. The time that will be spent making clarification with the client will be a time that will be well spent (Kendy, 19976). Most of the times, in qualitative research, the objectives of the project might be refined as the research will keep on progressing. Sometimes the available resources will try to undermine the progress of a researcherââ¬â¢s project. This should be prevented to happen by considering the available human resources to the project at hand and also the nature of the method of data collection. The length of interview that is the qualitative interview will have a great impact on the qualitative sampling design strategy and the final decision of the given sample size. For instance longer interviews will provide detailed data than shorter interviews. With this in mind a decision may be taken on whether to carry out longer or shorter interviews.The sampling size should also be put in mind. This will basically depend on the homogeneous or the heterogeneous nature of the population to be sampled and the requirements of the methods of the data collection that will be employed in this research. Data analysis After the researcher will collect the data, she/he will tabulate the data into tables and analyze it using frequencies descriptive and percentages. The processing of the survey results. The processing of the survey results need not to wait until has been completed, but can begin as soon as the first questionnaires are received. The main steps are; Coding. Nowadays the computer is used widely to process information. For that reason it is often advisable to code the information or even use a preceded questionnaire to facilitate the necessary processing and calculations. Punching. Subsequently the information can be punched for computer purposes. Data tabulation. With the aid of a computer, raw tables may be compiled. These tales are often only preliminary and may serve as guidelines for further analyses and condensed into possibly more meaningful tables. Statistical processing. With the previous step as a basis the information can be processed further until it yields objectives and clear answers to the problem or opportunity which is being investigated. REFERENCES Aaker, D.A., Keller, K.L. (2000), Consumer evaluations of brand extensions, Journal of Marketing, Vol. 54 pp.27-41. à Bloom P.N. andà Greyser S. A. (1981);à ââ¬ËThe Maturity of Consumerismââ¬â¢ Harvad Business Review, Nov-Dec. 1981 pp 130-139) Charles, K. (1990). Methods used in Research. Social Science, 29(10), 1160-1178. Cole Gerald ââ¬Ë2004; management theory and practice; 6th Edition, TJ International, Pad stow, Cornwall. Creswell, J. (1998). Guidelines to choosing the best research design. Phenomenology, 34, 234-245. Dacin, P.A., Smith, D.C. (2004), The effect of brà °nd portfolio characteristics on consumer evaluations of brà °nd extensions, Journal of Marketing Research, Vol. 31 pp.197-207. George, H.à (2000). Qualitative research design illustrated. à Journal of Qualitative Methods, 34, 246-257. Jasper, A.à à (1994). Phenomenological issues for project researchers. à Phenomenological research method, 4 , 409-414. Johnson, K. (2000). Commonly used research methods. Boston: St. Martinââ¬â¢s Keller, K.L. (2003), Conceptualizing, measuring, and managing customer-based brand equity, Journal of Marketing, Vol. 57 pp.1-22. Keller, K.L., Aaker, D.A. (2002), Thà µ effects of sequential introduction of brà °nd extensions, Journal of Marketing Research, Vol. 29 pp.35-50. Klein, A. (2003). What is phenomenology?à New York: SUNY Press. Kotler P., 1989, marketing management; Analysis, planning, implementation and control, 6th Edition; Prentice-hall, India (NewDelhi) Loken, B., John, D.R. (2003), Diluting brand beliefs: when do brand extensions have a negative impact?, Journal of Marketing, Vol. 57 pp.71-84. Nakamoto, K., MacInnis, D.J., Jung, H-S. (2003), Advertising claims and evidence as bases for brà °nd equity and consumer evaluations of brà °nd extensions, in Aaker, D.A., Biel, A. (Eds),Brà °nd Equity Advertising: Advertisingââ¬â¢s Role in Building Strong Brà °nds, Erlbaum, Hillsdale, NJ, pp.281-97. Park, C.W., Jaworski, B.J., MacInnis, D.J. (2006), Strategic brand concept image management, Journal of Marketing, Vol. 50 pp.135-45. Park, C.W., Milberg, S., Lawson, R. (2001), Evaluation of brà °nd extensions: thà µ role of product feature similarity and brà °nd concept consistency, Journal of Consumer Research, Vol. 18 pp.185-93. Richard, S. (2002). Methods used in social research. Oxford: OUP. Ries, A., Trout, J. (2006), Positioning: Thà µ Battle for Your Mind, McGraw-Hill Inc., New York, NY., . Robson, C. (2000). The Handbook of Research Methodology. Oxford: Blackwell. Romeo, J.B. (2001), Thà µ effect of negative information on thà µ evaluations of brà °nd extensions and thà µ family brà °nd, in Holman, R.H., Solomon, M.R. (Eds),Advances in Consumer Research, Vol. 18. à Rowe, D., Bartleman, D., Khirallah, M. Smydra, M., Keith, G., and Ponder, M. (1999), .Reduce cynicism and apathy and create positive change agents: Essential and missing components of our educational curricula. Tauber, E.M. (2003), Fit and leverage in brà °nd extensions, in Aaker, D.A., Biel, A. (Eds),Brà °nd Equity Advertising: Advertisingââ¬â¢s Role in Building Strong Brà °nds, Erlbaum, Hillsdale, NJ, pp.313-18. Wright, T., (2001), .A review of definitions and frameworks for sustainability in higher education draft, Assessing Progress Toward Sustainability in Higher Education consultation presentation paper, Washington, D.C.
Thursday, January 23, 2020
Theories of Management :: Buisness Management
Management plays a significant role in how business operates. The diversity of approaches to the theoretical and practical background of management has come up with versions of what is meant by such key words as management and organization. The academia views expressed in relation to management theories take a different role than that prescribed to managers. There has not been any concrete definition of management even though the classic definition of Henri fayol still remains contention to be the preferred choice after eighty years. In the context of what is required I will like to elaborate on the following journals which I will vividly explain in assignment two. David J. Lemak (2004) explains clearly the path through that management theory jungle and how entangled theories have brought about conflict and confusion. It recommends using management discipline rather than trying to meander our way through the jungle of numerous theories and ââ¬Å"schools of thoughtâ⬠. This approach was set by koontz and it explains the discipline of management. David lamond (2005) also touched on how to absorb the past in order to understand the present and enlighten the future. According to (Leonard et al, 2004) they explored on how great ideologies turn to become great works. The paper also explains how Frederick Taylor ââ¬Å"spread the gospelâ⬠of scientific management. It also sites example and explain how the theory of scientific management came to being and how it used in both private and public organisation. In addition, Amandi et al, (2004) makes us understand issues related to leadership decision and also gives a clear overview on leadership theories. It clearly makes us understands the difference between a manger and a leader as well as the behavioural and trait aspect of leaders. Sahadevan et al, (2004) explains grounded theory approach to analyze the quality of responses from authors and to gain in depth knowledge from the authors of great works that might be helpful to scholars and practitioners involved in the process of developing fresh understanding in organizations.
Wednesday, January 15, 2020
Law of Sale of Goods (Part I)
Topic 12 1. 2. 3. 4. 5. Law of Sale of Goods (Part I) LEARNING OUTCOMES By the end of this topic, you should be able to: Define the meaning of goods; Describe the classification of goods; Differentiate a contract of sale and an agreement to sell; Explain the implied terms in a contract of sale of goods; and Identify the importance of transfer of property in the goods. INTRODUCTION The Sale of Goods Act 1957 (Revised 1989) is the statute applicable to sale of goods in Peninsular Malaysia.For Sabah and Sarawak, the law of sale of goods is governed by Section 5(2) of the Civil Law Act 1956. It provides that: ââ¬Å¾The law to be administered shall be the same as would be administered in England in the like case at the corresponding period. â⬠° In effect, Sabah and Sarawak continue to apply principles of English law relating to the sale of goods. The Sale of Goods Act 1957 was enacted based on the English Sale of Goods Act 1893 (which was replaced by the Sale of Goods Act 1979).The S ale of Goods Act 1957 applies to contracts for the sale of all types of goods including second-hand goods, and to commercial and private sales, wholesale and retail. The general law of contract will continue to apply to contracts for the sale of goods as Section 3 of the Sale of Goods Act 1957 expressly provides for the continual application to contracts for the sale of goods of the 198 TOPIC 12 LAW OF SALE OF GOODS (PART I) provisions of the Contracts Act 1950 ââ¬Å¾in so far as they are not inconsistent with the express provision of this Actâ⬠°. 12. 1 DEFINITION OF GOODSGoods under Section 2 of the Sale of Goods Act, 1957 means ââ¬Å¾every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass, and things attached to or forming part of the land which agreed to be severed before sale or under the contract of sale. â⬠° In Section 6 of the Sale of Goods Act 1957, goods which form the subject of a contract of sale may be either existing goods or future goods. Existing goods are goods already owned or possessed by the seller and may comprise specific or unascertained goods.Goods are specific if they are identified and agreed upon at the time a contract of sale is made. Unascertained goods are goods not identified and agreed upon at the time a contract of sale is made. Ascertained goods are those unascertained goods which have been identified and appropriated to the contract after the contract has been made. Future goods consist of goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. 12. 2 CONTRACT OF SALE A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration.Section 4(1) of the Sale of Goods Act 1957 defines a contract of sale of goods as: ââ¬Å¾A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. â⬠° A contract of sale includes a sale and an agreement to sell. What is the difference between a sale and an agreement to sell? According to Section 4(3) of the Sale of Goods Act 1957: ââ¬Å¾Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of theTOPIC 12 LAW OF SALE OF GOODS (PART I) 199 property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. â⬠° Under Section 4(4): ââ¬Å¾An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. â⬠° The above provisions distinguished a sale from an agreement to sell in terms of ownership or ââ¬Å¾the property in the goodsâ⬠°.A contract is a sale when the ownership or the property in the goods passes to the buyer and it is an agreement to sell where the transfer of the pr operty in the goods is to take place at a future time or subject to some condition to be fulfilled. An ownership must also be distinguished from possession. A person who possesses certain goods may not be the owner of the goods. Alternately, an owner of certain goods may not have the goods in his possession. In an agreement to sell, the goods still belong to the seller. Consequently, if the buyer breaches an agreement to sell, the seller may sue for unliquidated damages.If the seller breaches an agreement to sell, the buyer has only a personal remedy for damages against the seller. Whereas in a sale, if the buyer fails to pay, the seller can sue for the contract price because ownership has passed to the buyer. 12. 3 TERM OF CONTRACT The conditions and warranties in contract of sale of goods are provided in Section 12 of the Sale of Goods Act 1957. A condition under Section 12(2) is: ââ¬Å¾A stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. â⬠° 200 TOPIC 12 LAW OF SALE OF GOODS (PART I)A warranty under Section 12(3) is: ââ¬Å¾A stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated. â⬠° According to Section 12(4): ââ¬Å¾Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. The stipulation may be a condition, though called a warranty in the contract. â⬠° There are circumstances which permit the buyer to treat a breach of condition as a breach of warranty, as provided in Section 13(1) of the Sale of Goods Act 1957.It provides that: ââ¬Å¾Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating th e contract as repudiated. â⬠° However, under Section 13(2), where a contract is not severable and the buyer has accepted the goods or part thereof, the breach of condition must be treated as a breach of warranty. Similarly, in a case where the contract is for specific goods and the property has passed to the buyer.Therefore, the buyer cannot reject the goods and repudiate the contract. 12. 4 IMPLIED TERMS Implied terms are those conditions and warranties implied by the statute into particular contracts. The terms, though not expressly found in the contract, are generally accepted incidents of the contract and therefore imported by the courts. The kind of terms implied by statute for the contract of sale of goods are the conditions and warranties provided under the Sale of Goods Act 1957. These conditions and warranties implied in a contract of sale of goods ind the contracting parties, the buyer and the seller. However, according to Section 62 of the Sale of Goods Act 1957: â⠬žThis right, duty or liability that would arise under a contract of sale by implication of law may be negatived or varied by express agreement or by the course of dealings between the parties, or by usage, if the usage is to bind both parties to the contract. â⬠° This means the parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 201 12. . 1 Title Section 14 of the Sale of Goods Act 1957 provides the implied undertaking as to title in a contract of sale. According to the provision, ââ¬Å¾unless the circumstances of the contract indicate a different intention, there is: (a) An implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. An implied warranty that the buyer shall have and enjoy qu iet possession of the goods.An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made. â⬠° (b) (c) A breach of condition entitles the buyer to treat the contract as repudiated and recover the price in full even though he has used the goods. This is because the buyer pays the price of the goods in order to enjoy the ownership as well as the use of the goods. In the case of Rowland v Divall [1923] 2 KB 500, the plaintiff bought a car from the defendant.After using the car for four months, the plaintiff discovered that it was a stolen car and he had to return it to the true owner. The Court of Appeal held that the defendant had breached the condition as to title and the plaintiff could recover the full price because of total failure of consideration. 12. 4. 2 Sale of Goods by Description The rule relating to sale of goods by description is provided in Section 15 of the Sale of Goods Act 1957. It provides that: ââ¬Å¾Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. 202 TOPIC 12 LAW OF SALE OF GOODS (PART I) In addition, ââ¬Å¾If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. â⬠° Sale of goods by description covers all cases where the buyer has not seen the goods but is relying on the description alone, for example, goods ordered from a catalogue or if ordered over the counter, by a trade name. Thus, it includes all contracts for the sale of unascertained goods and sale of specific goods which the buyer has not seen prior to the contract.In the case of Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67, previous contracts between the parties for the sale of flour had been sold in bags bearing a well-known trade mark. Further flour was ordered, described as ââ¬Å¾the same as our previous contractâ⬠°. Flour identical in quality was delivered but it did not bear the same well-known trade mark. It was held that it did not comply with the description. In another case of Beale v. Taylor [1967] 1 WLR 1193, the seller advertised a car as ââ¬Å¾Herald Convertible, white, 1961, twin carbà «Ã¢â¬ °.The buyer saw the car before he agreed to buy. Later, he discovered that the rear of the car was part of a 1961 Herald Convertible while the front half was part of an earlier model. It was held that he was entitled to claim damages for breach of the condition. In the case of Moore & Co v. Landauer & Co [1921] 2 KB 519, the buyers were entitled to reject the goods because half of the cases contained only 24 tins, even though the total quantity was met. The contract was for 3100 cases of Australian canned fruit packed ââ¬Å¾30 tins to caseâ⬠°. 2. 4. 3 Fitne ss for Purpose and Merchantable Quality Section 16 of the Sale of Goods Act 1957 provides that there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except in the following situations: TOPIC 12 LAW OF SALE OF GOODS (PART I) 203 Goods must be reasonably fit for the purpose for which the buyer wants them (Section 16(1)(a)); or Goods must be of merchantable quality (Section 16(1)(b)). (a) Goods must be reasonably fit for the buyerEs purpose. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellerEs skill or judgement, and the goods are of a description which is in the course of the sellerEs business to supply (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose. â⬠° But in the case of a cont ract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose.The buyer may invoke Section 16(1)(a) if he makes known to the seller the particular purpose for which he acquires the goods and the buyer is relying on the sellerEs skill and judgement. The goods must also be a description which is in the course of the sellerEs business to supply and if the goods are specific, they must be bought under their trade name or patent. The above requirements are explained in the following cases: In Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685, a woman with an abnormally sensitive skin bought a Harris Tweed coat without disclosing to the seller about her abnormality.She could not claim under this section because the coat would not harm a normal person. Thus, the buyer must clearly indicate the special purpose for which the goods are to be used. Otherwise, there is no breach of the implied condition if the goods are suitable for their general and normal purpose. If the description of the goods is only for one purpose, then it requires no further indication. For example, a hot water bottle is meant to contain hot boiling water; if it breaks upon filling of hot water, then it is not fit for its purpose. 204 TOPIC 12LAW OF SALE OF GOODS (PART I) In the case of Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402, there was a contract by A to build a propeller for B in accordance with BEs specification and to fit a particular ship and its engine. The propeller supplied complied with the specification and design but did not suit the shipEs engine. A was held liable for breach of an implied condition since the buyer had informed the seller of the purpose for which he needed the goods and relied on the sellerEs skill and judgement to provide them. In Baldry v.Marshall [1925] 1 KB 260, the buyer asked the dealer for a car suitable for touring and the dealer recommended a Bugatti car. A contract for the sale of the car was made. Later, the buyer found that the car was unsuitable for touring. The Court of Appeal held that the dealer was liable because the buyer had relied on the dealerEs judgement in selecting a suitable car for the specific purpose stated by the buyer (even though the car was bought under its trade name). Hence, if the buyer purchases goods under its trade name but at the same time relies on the sellerEs recommendation, it means the buyer is still relying on the sellerEs skill.But if the buyer purchases specific goods under a trade name and gives the impression that he is not relying on the sellerEs skill, then he cannot claim under this section. (b) Goods must be of merchantable quality ââ¬Å¾Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality. â⬠° However, ââ¬Å¾If the buyer has examined the goods, there shall be no implied condition as regards defects, which such examination ought to have revealed. ââ¬Å¾Merchantable qualityâ⬠° means the goods are fit for the particular use in which they were sold. Therefore, if they are defective for their purpose, they are considered unmerchantable. TOPIC 12 LAW OF SALE OF GOODS (PART I) 205 For implied condition as to merchantable quality, the buyer need not make known to the seller the particular purpose for which he requires the goods. The section only requires the goods to be bought by description and bought from a seller dealing with the goods of that description. Where goods are old under their trade name, the implied condition as to merchantable quality is applicable although the implied condition as to fitness is excluded. In Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868, fuel by its trade name ACoaliteE was ordered from a fuel merchant. The consignment was contaminated in that a detonator was embedded in the coal, resulting in an explosion in the fire-place when used. The Court held that the consignment as a whole was unmerchantable, having defects making it unfit for burning.In the proviso to Section 16(1)(b), the implied condition does not apply ââ¬Å¾where the buyer has examined the goods as regards defects which such examination ought to have revealed. â⬠° This means if the buyer has conducted some examination before or at the time of the contract, the buyer cannot later complain about the defects which would be revealed by a proper examination. In the case of Thornett & Fehr v. Beers & Sons [1913] 1 KB 486, the buyer had conducted a superficial look at the outside of some barrel of glue. It was held that there was an examination and thus the implied condition as to merchantable quality did not apply. 2. 4. 4 Sale by Sample Section 17 of the Sale of Goods Act 1957 provides that ââ¬Å¾in a contract for the sale of goods by sample, there is an implied condition: (a) (b) That the bulk shall correspond with the sample in quality; That the buyer shall have reasonable opportunity of comparing the bulk with the sample; and 206 TOPIC 12 LAW OF SALE OF GOODS (PART I) (c) That the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. The three conditions above are independent of one another.If the bulk corresponds with the sample but there is a latent defect rendering the goods unmerchantable, the buyer is still entitled to reject them. In the case of Drummond v. Van Ingen (1887) 12 App. Cas. 284, the cloth supplied by the seller was equal to sample previously examined but because of a latent defect not discoverable by a reasonable examination, the Court found the seller in breach of the condition. SELF-CHECK 12. 1 1. What is the meaning of existing goods, future goods, specific goods and unascertained goods? Provide examples in your explanation. What is the difference between a sale and an agreement to sell?What are the kind of implied conditions and warranties incorporated in a contract of sale of goods? What is the effect of breach of implied condition and warranty in a contract of sale of goods? Can the party to the contract of sale of goods exclude the implied terms? 2. 3. 4. 5. TOPIC 12 LAW OF SALE OF GOODS (PART I) 207 ACTIVITY 12. 1 Discuss the following questions: (a) Michael and his wife Betty, were busy shopping for new furniture for their new house. Three days before moving, they visited a furniture shop Antique Design. Betty was very interested in a sofa set from Italy worth RM15,000.The set was made from soft leather, brown in colour and consist of one coffee table, and they agreed to buy the set. Both the husband and wife also agreed to buy a double bed for their daughters. Michael informed the seller that he wanted a double bed made from good quality wood. The seller assured Michael that he would meet Michael Es request, as he was an expert and experienced in selling furniture. After payment, the seller promised to deliver the furniture on the day that they were supposed to move into their new house. Michael and Betty also went to Cool Air-Cond, a shop selling air conditioners.The seller managed to attract Michael to buy a portable air-conditioner at the price of RM2,000, with a guarantee that the air conditioner could be used for the next five years without any problem. After checking the goods and satisfied with their condition, Michael made a payment. The seller promised to deliver the air conditioner on the day they move to the new house. On the day of moving, all of the goods ordered by Michael and Betty were delivered. Nevertheless, they were disappointed to see that the sofa set that was delivered was not brown and did not include the coffee table and that the double bed ordered was not of good quality wood.Meanwhile, the portable air conditioner that Michael bought produced a str ong noise when it was switched on. Michael and Betty were very disappointed with what had happened and seek your legal advice on what action can be taken on the sellers of the goods. B placed an advertisement in a local newspaper offering for sale, a second-hand car at RM40,000 o. n. o. The car was described as ââ¬Å¾Toyota, late 2000â⬠° model. Q responded by offering to buy the car at RM37,000. The offer was accepted by B.After driving the car for almost three months, Q discovered that only the body of the car was of ââ¬Å¾late 2000â⬠° model while the engine was from a much earlier model. Q now wishes to rescind the contract and seeks your advice on the matter. Advise Q on her rights under the Sale of Goods Act 1957. (b) (c) 208 TOPIC 12 LAW OF SALE OF GOODS (PART I) (d) Sally, a contestant in one of the top reality shows in TVReality was preparing for the final contest to become the winner for the new season 2008. Sally engaged a professional tailor to sew the dress suit able for the contest.Sally consulted Robin, a well-known fashion designer in town, on the choice of fabric for the dress because she had sensitive skin and was allergic to certain types of fabric. Sally paid RM3,000 for the cost of the dress. After the contest, Sally discovered red spots on her skin. She went to see the doctor and was told that her skin was sensitive to the fabric used for the dress that she had worn for the contest. Sally went to see Robin and returned the dress because the fabric used for the dress was not fit for the purpose she made known to Robin and caused her skin complaint.Sally also claimed for the refund of the cost of the dress from Robin and the medical expenses incurred by her. Decide whether Sally could claim for the refund of her money from Robin as well as the cost for her medical expenses. 12. 5 TRANSFER OF PROPERTY IN THE GOODS AND RISK Property in the goods means title or ownership. The transfer of property in the goods is very important because i t determines the risk. As a general rule, the risk passes when the property in the goods passes (notwithstanding whether delivery has been made). Thus, the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer.When the title or ownership is transferred to the buyer, then the goods are at the buyerEs risk. According to Section 26 of the Sale of Goods Act 1957: ââ¬Å¾Unless otherwise agreed, the goods remain at the sellerEs risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyerEs risk whether delivery has been made or not: Provided that where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. TOPIC 12 LAW OF SALE OF GOODS (PART I) 209 This means, if delivery has been delayed through the fault of either party, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. 12. 5. 1 Effects of the Contract Since the risk passes when the property in the goods passes, is it essential to know when the title passes. Under the Sale of Goods Act 1957, Section 18 to 23 provide certain rules that determine the time when property in the goods passes to the buyer. a) Sale of unascertained goods Under Section 18 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Sale of specific or ascertained goods Under Section 19 of the Sale of Goods Act 1957, where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. Thus, the general rule is that title passes when the parties to a contract of sale intend it to pass.Unless a different intention appears, the following rules are the rules for ascertaining the intention of the parties as to the time of passing of property in the goods. (c) Specific goods in a deliverable state Under Section 20 of the Sale of Goods Act 1957, where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made. It is immaterial whether the time of payment of the price or the time of delivery of the goods is postponed. For example, A agrees to buy a specific book entitled ââ¬Å¾Business Lawâ⬠° on credit.The title in the book passes to A on the sale even though the payment is postponed. (d) Specific goods to be put into a deliverable state Under Section 21 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods and the seller is bound to do something to the (b) 210 TOPIC 12 LAW OF SALE OF GOODS (PART I) goods fo r the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof. For example, A agrees to sell a specific computer to B and promises to install the specific software in the disk.The ownership in the computer does not pass to B until A installs the specific software as promised and B must know about the fact that A has done the installation. (e) Specific goods in a deliverable state when the seller has to do anything thereto in order to ascertain price Under Section 22 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.For example, A agrees to sell to B all the flour contained in a specific sack for RM3 per kil ogram. The title does not pass to B until A weighs the flour and B knows that the flour has been weighed. (f) Sale of unascertained goods and appropriation Under Section 23 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer.The assent may be expressed or implied and may be given either before or after the appropriation is made. A contract for the sale of unascertained goods is an agreement to sell and not a sale. Future goods mean goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. ââ¬Å¾Unconditionally appropriated to the contractâ⬠° in the provision above means a clear act showing the intention to ident ify certain goods as attached to the contract and without any condition.The duty to appropriate may be placed on the buyer or the seller. Appropriation may involve the act of selecting, separating or weighing from a bulk by the buyer or the seller, and it must be approved by the other party. The appropriation must be unconditional and it should pass property in the goods without further requirements (such as payment or price). Further, Section 23(2) of the Sale of Goods Act 1957 provides that where (in pursuance of the contract) the seller delivers the goods to the buyer or to a TOPIC 12 LAW OF SALE OF GOODS (PART I) 211 arrier or other bailee for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. The effect is that property in the goods passes to the buyer at the time when the goods are handed over to a carrier (for example, a transportation company such as shipping, truc king or railway). The carrier is the buyerEs agent for the purpose of delivery. But if the carrier is the agent of the seller, then property in the goods will not pass until the goods are actually delivered to the buyer. g) Goods sent on approval or ââ¬Å¾on sale or returnâ⬠° Under Section 24 of the Sale of Goods Act 1957, when goods are delivered to the buyer on approval or ââ¬Å¾on sale or returnâ⬠°, or other similar terms, the property in the goods passes to the buyer: (i) when the buyer signifies his approval or acceptance to the seller or does any other act adopting the transaction; or if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. ii) Under the second situation above, if a time is fixed for the return of the goods, then property in the g oods passes upon the expiration of the time. But if no time is fixed, property in the goods passes upon the expiration of a reasonable time. SELF-CHECK 12. 2 1. 2. 3. 4. 5. 6. What is the meaning of property in the goods? What is the significance of the transfer of title or ownership in the goods? When does the risk pass to the buyer in a contract of sale of goods? How would you determine the time when the property in the goods passes to the buyer?When is the property in the goods transferred to the buyer in a contract for sale of unascertained goods? When is the title or ownership transferred to the buyer in a contract for sale of a specific or ascertained goods? 212 TOPIC 12 LAW OF SALE OF GOODS (PART I) ACTIVITY 12. 2 Discuss the following question: 500 tonne metric of flour belonging to a vendor were stored in a godown belonging to Mr. Isaac. The vendor sold 200 tonne metric of the flour to Mr Hans and gave him a delivery order addressed to Mr Isaac.When Mr HansE carrier arrived at the godown, Mr Isaac had already set aside the 200 tonne metric of the flour. The carrier handed the delivery order to Mr Isaac who gave instructions for loading to commence. Before the loading could commence, Mr IsaacEs godown caught by fire and it destroyed the whole stock of the flour. Discuss when did the property in the goods pass and who shall bear the loss. A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration. Where the property in the goods is transferred from the seller to the buyer, the contract is called a sale.Where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. What distinguishes a sale from an agreement to sell is in terms of ownership or ââ¬Å¾the property in the goodsâ⬠°. A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a r ight to treat the contract as repudiated. A warranty is a stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated.The conditions and warranties implied in a contract of sale of goods bind the contracting parties, the buyer and the seller. The parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 213 In a contract of sale of goods, there are implied conditions as regards to title, description, sample, fitness for particular purpose and merchantable quality.Unless the circumstances of the contract indicate a different intention, there is an implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. There is an implied warranty that the buyer shall have and enjoy quiet possession of the goods and that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made.The risk passes when the property in the goods passes, thus the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer. Agreement to sell Fitness for purpose Implied terms Merchantable quality Property in goods Sample Title Sale of goods Transfer of title Text Books: Harlina Mohamed On & Rozanah Ab. Rahman. (2007). Undang-Undang Perniagaan Malaysia. Selangor: Kumpulan Usahawan Muslim Sdn. Bhd. Wu M. A. & Vohrah B. (2000). The Commercial Law of Malaysia (2nd Ed. ). Selangor: Pearson and Longman. Cases:Baldry v. Marshall [1925] 1 KB 260. Beale v. Taylor [1967] 1 WLR 1193. Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402. Drummond v . Van Ingen (1887) 12 App. Cas. 284. 214 TOPIC 12 LAW OF SALE OF GOODS (PART I) Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685. Moore & Co v. Landauer & Co [1921] 2 KB 519. Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67. Rowland v Divall [1923] 2 KB 500. Thornett & Fehr v. Beers & Sons [1913] 1 KB 486. Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868.
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