Law of Sale of Goods (Part I)

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

Bacon

â€Å"Of Studies† by Francis Bacon An analysis The purpose of this work is to analyze Sixteen Century Francis Bacon’s essay â€Å"Of Studies† by summarizing its main points and the relevance of its statements to this day. Francis Bacon was an English Philosopher and writer best known as a founder of the modern empirical tradition based on the rational analysis of data obtained by observation and experimentation of the physical world. The main focus of Bacon’s essay rests on explaining to the reader the importance of study knowledge in terms of its practical application towards the individual and its society.His first analysis is an exposition on the purposes or uses that different individuals can have by approaching Study –â€Å"†¦for delight, ornament, and for ability†- And how certain professions are better served by individuals with study knowledge. As he mentions the virtues of Study he also points out its vices: –â€Å"To sp end too much time in study is sloth†¦Ã¢â‚¬  Also, how Study influences our understanding of Nature, and in opposition, how our experience of Nature bounds our acquired knowledge.After that, the Author presents the concept of how different individuals with different mental abilities and interests in life, approach the idea of studying –â€Å"Crafty men contemn studies†¦Ã¢â‚¬ - and offers advice on how study should be applied: –â€Å"†¦but to weight and consider†- Then Bacon goes into expressing his ideas in how the means to acquire study knowledge, books, can be categorized and read according to their content and value to the individual. The benefits of studying are Bacon’s final approach.Benefits in terms of defining a â€Å"Man† by its ability to read, write or confer, and in terms of being the medicine for any â€Å"impediment in the wit† and by giving â€Å"receipts† to â€Å"every defect of the mind†. Cert ainly, some of Francis Bacon’s insights in this subject are of value after 400 years of societal evolution. We can ascertain this when we read the phrase â€Å"They perfect Nature, and are perfected by experience†¦Ã¢â‚¬  Nevertheless some of the concepts expressed in his Essay have to be understood through the glass of time.By this I mean Society values and concepts were different altogethers to what we know today. By that time Society was strongly influenced by the idea of literacy and illiteracy (relatively few were educated and could read and write). Only educated people had access to knowledge and by that, to social status and opportunity. Nowadays would be difficult to accept ideas which relate skills or professions towards an attitude to approach studying. Today, a skilled machinist or carpenter can certainly be a studied person.Nowadays most people in our Society have the possibility to read and by that, to obtain knowledge independently of what our personal cho ices are in terms of profession. Also we must consider how today we value the specialization of knowledge which in the past, characterized by a more generic and limited access to knowledge, wasn’t a major factor into the conceptualization and understanding of study knowledge as to the extent we see it today. Finally, it is doubtful that the benefits of studying can be approached as a recipe for any â€Å"intellectual illness†.We now know that the real illnesses are related to mental conditions and not necessarily to our mental skills, abilities or lack of them and by that I mean that Bacon’s solutions to those conditions are substantially naive under the actual understanding of Human Psychology. Concepts and ideas evolve at the same time as the Human condition changes in all social, scientific, political and economic aspects. By looking through the glass of time and comparing the past to the present we come to the realization of the universality and endurance of some concepts and the fragility and impermanence of some others.

Ancient Greek Theatre Essay Example for Free

Ancient Greek Theatre Essay The Greek theatre history begins with festivals which honor gods. An example of such a festival was ‘City Dionysia’ festival which honored god Dionysus. During this festival, which was taking place in Athens men perform songs to welcome god Dionysus. Plays were also presented. Athens was the main city where these festivals and theatrical traditions were presented. At ancient Greek Festivals, the actors, directors and dramatists were all the same person. Later only three actors were allowed to perform in each play. And this was followed by adding few non-speaking roles to perform on-stage. Because of the limited number of actors, the chorus played a very active part of Greek theater. During the chorus’ delivery of its lines music was often played. The theatrical forms of the ancient Greek theater were tragedy, comedy and satyr. Athenian tragedy, comedy and satyr plays were some of the earliest theatrical forms to emerge in the world. Greek theater and plays have had a lasting impact on Western drama and culture. Satyr plays dealt with mythological subject in comic manner. Tragedy had as an originator, Thespis, who is considered to be the first Greek actor of tragedy plays. Aristotle’s Poetics say that tragedy originates from dithyrambs which were songs sung in praise of Dionysus at the Dionysia each year. Sophocles, Euripides and Aeschylus were three well-known Greek tragedy playwrights. The structure of Greek tragedy consisted of the following: 1. Late point of attack 2. Violence and death offstage 3. Frequent use of messengers to relate information 4. Usually continuous time of action 5. Usually single place 6. Stories based on myth or history 7. Focus on psychological and ethical attributes of characters Comedy plays were derived from imitation. Aristophanes wrote most of the comedy plays. The structure of the comedy consisted of two parts. Part one had the prolog, where chous gives debate or ‘agon’ and parabasis, a choral ode addressing the audience, in which a social or political problem is discussed. Part two consists of scenes which show the result of the happy idea. Theatre buildings were called a theatron. They were large, open-air structures constructed on the slopes of hills. Most of the Greek theatres were constructed in such a way so that the smallest sound could be transmitted to any seat of the audience. They consisted of four main parts: the orchestra, the skene and the audience (theatron) and the parodos. The orchestra was a large area at the center part of the theatre normally circular. It was there where play, dance and acting took place. The earliest orchestras were simply made of hard earth but later in the Classical period some orchestras began to be made of marble and other materials. The orchestra of the theater of Dionysus in Athens was about 60 feet in diameter. The skene was a large building behind the orchestra which was used as a backstage. It was the place where actors change their costumes and masks. It was usually decorated as a palace, temple or other building, depending on the needs of the play. The audience (theatron) was where people were sitting to enjoy the play and it was in the front of the orchestra. It was usually part of hillside overlooking the orchestra. People in the fifth century BC probably sat on cushions or boards but by the fourth century many Greek theaters had marble seats. The parodos were the passageways by which the chorus and some actors made their entrances and exits. The audience also used them to enter and exit the theater before and after the performance. The two masks of the picture represent the symbols for theater. They represent the comedy and tragedy masks which were worn in ancient Greece. They also represent duality. Actors were very far away from the audience that without the aid of costumes and masks they would be difficult to see. Actors wore thick boots to add to their height and gloves to exaggerate their hanks so that their movements would be easy to see by the audience. The masks were made of linen or cork, so none have survived. We however know that they looked like from statues and paintings of ancient Greek actors. Tragic masks carried mournful or pained expressions, while comic masks were smiling. The head of the actor was covered by his mask, which included hair. It is believed that the shape of the mask amplified the actor’s voice, making his words easier for the audience to hear. This mask is associated with the famous ancient Ancient Greek Theatre. (2016, Dec 09).

Female Genital Mutilation Essay Example | Topics and Well Written Essays - 750 words

Female Genital Mutilation - Essay Example First, it will be good to note the most prevalent villages in the area that practice FGM. This information may be obtained from schools that is liaising with teachers to ask the students if they are practicing FGM back at home or from reports in hospital or chiefs office. Once the targeted area are identified, a committee is made to help come up with strategies of sensitizing people on the harm it causes to our women and urge members to be on   the lookout.Meetings are then held in specific villages as teachers are also told to educate students in schools of the dangers to the girl child especially on their health and economic impacts as described above. To help stop communities or families from practicing, rules are set that impede them but if one is caught, they have to adhere to the consequences.It is of importance to educate professionals in schools so that they help sensitize students on the dangers of FGM, this will help change the incoming generation, since they are in prepa ration, in health sectors it will be of importance because most people seek health services and in the part of health education, the health personnel will be able to educate the lucky few. This in general, will create professional support for women trying hard to educate the public on why FGM is a violation of human rights and has no medical value and in support, they will be able to minimize such acts if not eradicating. This has made people especially children grow knowing that it is one of their rights.

The Past And The Shape Of Things Essay Example | Topics and Well Written Essays - 2000 words

The Past And The Shape Of Things - Essay Example Today, the United States of America has developed its own peculiar cultural and social habits that make it what it is (Strenski 11). Over the past, the US has had many immigrants from varied countries that had different social and cultural backgrounds. For this reason, the US has become a culturally and racially diverse due to this massive migration in the past. However, due to the varied combination of people from many parts of the world, the future of the US has and will be determined by the past (Eliade & Ioan 47). The paper seeks to describe and give a comparison of how the past influences the future in today’s society and culture. In his theory of the sacred time, Eliade’s implies that the power of anything has its roots in its origin and that the power of the entire world relies on cosmogony. However, Eliade claims that for any religious man, two types of time exist. One of which is the sacred time and the other is the profane time. He further stipulates that the former is experienced in the religious festivals and the latter in the normal life. He further asserts that absolute truth concerning primordial time is represented by myths in the traditional societies. According to these myths, it was during this time that the first appearance of the Sacred was experienced in which the world’s structure was established. For Eliades, all myths give a description of primordial events that have made the natural world what it is currently (Schulman 204). Also, most traditional societies have a belief that origin is an essential component in determining the power of anything. Therefore, if origin equals p ower, then it becomes the first sign of a valid and significant thing. According to Eliades, the value and reality of anything lie solely on its initial appearance.

The Difference in Cost and Quality of Care between Profit and not for Research Paper

The Difference in Cost and Quality of Care between Profit and not for Profit Hospitals - Research Paper Example In the last two decades, the healthcare in the United States of American has undergone immense structural changes leading to a visible proliferation of both for profit and not for profit healthcare institutions. At the same time, the other big development has been a rise of the concern for the achievement of ethical competency in the functioning and working of profit and not for profit healthcare institutions and organizations (Walshe & Smith, 2006, p. 85). This overall alteration in the business environment in the country has lead to an impetus for minimal reliance on the charity and philanthropic sources of capital and a preference for competency and competition in the long term financial working of the healthcare institutions and organizations. It goes without saying that it will be immensely revealing to study the impact of these developments in the cost and quality of care of for profit and not for profit hospitals. However, this endeavor, by its very nature necessities a pragma tic insight into the American healthcare system and the salient features and priorities of for profit and not for profit hospitals. Background American Healthcare System In the current times, the healthcare system in America is facing many problems and issues. America spends more money per person in healthcare than perhaps any other nation in the world. (Sultz & Young, 2010, p. 29). A large percentage of the national GDP in the United States of America is spent on healthcare because of the high costs involved (Sultz & Young, 2010, p. 29). The public healthcare expenditure of the United States of America stands to be the third highest in the world owing to the glaringly high cost of medical care in the country (Sultz & Young, 2010). The present and intended reforms in the healthcare system revolve around varied grave issues like the right to healthcare, quality of medical care, access to healthcare, and the efficiency and costs incurred by profit and not for profit hospitals. Though the Americans spend so much on healthcare, yet it is sad to acknowledge that America tends to lag behind many nations in the area of life expectancy and infant mortality (Sultz & Young, 2010, p. 4, 5). So the common citizens, institutions, organizations and the interested groups are getting wary about the fact that as to whether the system is delivering the value for money or not. It is utterly difficult to delve on the difference in cost and quality of care between profit and not for profit hospitals without taking into consideration the framework within which they operate and the targets they are primarily affiliated to. For Profit Hospitals-Salient Features In the United States, for profit hospitals are also known as the investor owned hospitals. They usually comprise of chains of investor owned hospitals that have infiltrated the healthcare system in the United States in the latter half of the 20th century. Realistically speaking, in contrast to the more traditional not for profit hospitals, for profit hospitals intend to accrue profits from the services provided by them (Cutler, 2000, p. 23). Those people, groups and corporate bodies who suppor t for profit hospi

Unit 36 Coursework Example | Topics and Well Written Essays - 2500 words

Unit 36 - Coursework Example This made the recording of business transactions and activities an important factor. In recent years, accounting has undergone several transformations; among its purposes include having a permanent record of all of the business’ transactions, keeping records of income and expenses, and keeping records of assets and liabilities for ascertaining financial position of the business. Another purpose is to keep control of the expenses while maximizing profits, keep records of customers and the amount they owe to the business, know suppliers and their owing to the business, and eventually to have information for legal and tax purposes in relation to the location of the business (Juan 3). In this paper the chosen organization is Apple Inc. Like every other MNCs, Apple also publish their Cash flow statement, Profit and Loss statement and balance sheet every year. It is not only helpful for the investor to analyse the performance of the company but at the same time experts also make the ir prediction based on these report regarding how the organization is going to perform in coming years. According to Collins Richards, all income received and all expenditure spend in a business should always be accounted for either in terms of capital or revenue (42). The difference between capital and revenue items of expenditure and income is the total amount of wealth found in a business that has subsequently been used to produce income. In the books of accounts, capital does not change – it is maintained intact - separated from other forms of finance with a clear clarification showing losses and profits. Revenue items in the books of accounts on the other hand are either income or the expenditure showing the daily business transactions. Income is represented by profits while expenditure is represented by losses. As profits withdrawn from the income reduce the available capital, the losses

Cloning and Expression of the Peanut Allergen, Ara h2.02 in E.coli Thesis

Cloning and Expression of the Peanut Allergen, Ara h2.02 in E.coli - Thesis Example allergic reaction is influenced by some factors such as genetic predisposition (atopy), age, type of food allergen, nature of any food processing, environmental, and physiological conditions (Taylor and Hefle 2001). Sampson (2005) claims that exercise, medications, alcohol consumption, and asthma may increase the severity of an allergic reaction. The majority of severe and fatal allergic reactions to foods have appeared in adolescents and teens that were highly atopic and had a history of asthma (Sampson 2003b; Pumphrey 2004). In general, it is assumed that the history of severe allergic reaction indicates an increased danger of imminent severe reactions. However, a history of mild responses does not prevent the risk of a future severe reaction. Sicherer et al. (1998) note that mild reactions to peanut during childhood can be more severe during adulthood and later childhood. This may be caused by tendency of the children to develop asthma later in life (Sampson 2005). Pumphrey (2004) shows in his review article on anaphylactic fatalities in United Kingdom that 85 percent of fatal food reactions on the patient did not experience a severe reaction. The author also states that the severity of past responses is not a possibility for having a fatal reaction in nut allergic patients. Studies also implied that an individual that has a clinical history of IgE-specific food allergy may be inclined to anaphylaxis or severe reaction. Estimate shows that 35 percent of the children are affected by allergy III and IV and the most common signs of allergy in children are: (1) food allergy, (2) atopic dermatitis, (3) asthma, and (4) allergic rhinitis or conjunctivitis. Allergic diseases are carried on in families. If the parents have allergies, the child has a 40 to 60 percent chance of developing allergies. Also, if only one of the parents has an allergy the risk is about 20 to 40 percent. However, if both parents do not have allergies, there still exists a risk for the child to

Assess the representation of women in eighteenth-century literature Essay

Assess the representation of women in eighteenth-century literature - Essay Example We might take issue with this, but it is easy to see why the novel has been such a keen topic for feminist criticism. In Sense and Sensibility, Austen draws on her own experiences as a young woman to understand the position of women deprived of economic means. It is of course notable that Austen was herself a rarity at the time – an independent female writer, and Sense and Sensibility, her first published novel, was originally published under the pseudonym, ‘A Lady’. Defoe’s Moll Flanders, like several of his other novels, is presented in the form of an autobiography. The character, in this case Moll, is looking back on her life and, as Pollak suggests, is ‘attempting to make sense of it through the act of writing’ (p.139). There is some question over the position of Defoe in presenting the immorality and deprivation of Moll’s past life. Through writing, is he attempting to discourage such immorality by exposing it to the light of day an d public criticism, or is he taking advantage of the excitement readers feel for the forbidden, the lowlife, and the illicit. The latter is surely the case to some extent. There is even some question as to the sincerity of Moll’s conversion from immorality. Defoe writes that she is no longer ‘so extraordinary a Penitent, as she was at first’ (p.5). ... a tool to make the story appear more genuine and authentic for readers, it is possible that Defoe is leaving room for doubt as to his own opinions on women and the position they are given in the society of his novels. As Pollak writes, this ploy ‘works subtly and perhaps surprisingly to unsettle the very truths about gender that his plots seem to affirm’ (p.141). At this juncture, it is worth recalling the terms in which Defoe, writing as the editor of Moll’s racy account, describes the severe difficulty faced in his task. He has had â€Å"no little difficult to put it [Moll’s account] into a Dress fit to be seen, and to make it speak language fit to be read. When a Woman debauch’d from her Youth, nay, even being the Off-spring of Debauchery and Vice, comes to give an Account of all her vicious Practices...an Author must be hard put to wrap it up so clean’ (p.1). There is an air here of Moll being a fallen woman, and being tainted by all that she has engaged in. In this comment by the editor, there is an even a sense of his distaste at handling such material. However, as noted above, at many points Defoe continues to be ambiguous about his own opinion of Moll and her failings. We are left with the fundamental question: is she an immoral soul, or a woman forced by the circumstances of her gender to stoop to low acts in order to seek independence. Defoe adopts a similarly ambiguous position in his presentation of the prescribed roles for women in contemporary society. Moll recounts, in the course of her account, being mocked as a child for believing that she could one day become a gentlewoman by working for an honest livelihood. In this instance, we must ask, as does Pollak, ‘Is the older, more experienced Moll simply exposing her earlier childish ignorance

The traditional role for soldiers in Elizabethan times Essay Example for Free

The traditional role for soldiers in Elizabethan times Essay The traditional role for soldiers in Elizabethan times was as a hero, very brave and fighting for the country. Black characters were normally seen as slaves and not important people. I agree with the title that Shakespeare has inverted these roles in Othello. I am going to study the two characters Iago and Othello. Iago plays a soldier who hates Othello and causes a lot of trouble. Othello is a black General who thinks that Iago is his loyal friend. In Iago Shakespeare has turned the idea of soldiers being brave, heroic and fighting for ones country to a villain who only looking out himself and has no sense of loyalty. Othello is different to traditional Black roles because he is seen as a powerful soldier who is sophisticated and respected instead of savage and low in society. Iagos philosophy is contrary to how soldiers are expected to behave. He is not following Othello out of loyalty In following him, I follow but myself. This shows he is only following Othello for personal gain, whereas soldiers are expected to fight for country and leaders. This would have intrigued the audience and given them something new that they werent used to. Unlike the traditional image of black characters in Elizabethan plays Othello is portrayed as sophisticated and important. When he is accused of witchcraft and corrupting Desdemona by Brabantio he stays calm and controlled handling the situation in a civilized manner, convincing Brabantio that maybe it is not a bad marriage after all. When Othello is talking to Brabantio he recounts the times he has told him tales from his life of being taken by the insolent foe and sold to slavery; of my redemption thence and portance in my travellers history this shows us that he has been through a lot so is worldly and experienced. His redemption shows us he is not a pagan as Brabantio described him. This would fascinate the audience who normally saw black characters in a very different light, and would shock them to see a black person in such a place of power. The impression we get of Iago as he persuades Othello is that he is very manipulative and cunning. He thought out his plan, scheming, almost like he playing a game of chess as each part of his plan falls into place. Iago knows that Othello is a bit insecure in his position so he uses flattery to get his trust. My Lord you know I love you. This makes Othello feel more secure. The way that Iago uses the things he knows about people shows us he is the one in control making things happen, as if he is the puppet master and all the other characters are just his puppets. Iago twists the story of how Desdemona and Othello she did deceive her father marrying you to make Desdemona look bad and untrustworthy. The audience like Iago because he is the one in control who makes everything happen. Without him the play would seem duller. He charms us with his cleverness and the way he speaks to the audience also makes them feel more like his friend. Soldiers were meant to be seen as people who follow the order of command instead of being the ones in control; Iago is the opposite of this. As Iago persuades Othello our opinion of him disintegrates and he starts to fit the traditionally weak character black people were given. His language becomes fragmented and disjointed No, not much moved: I do not think but Desdemonas honest. Not keeping the control he seemed to have at the beginning of the play. We can see that Iago has significantly influenced Othello as Othello takes on Iagos animalistic language I had rather be a toad and misogynistic terms impudent strumpet. Not only has he lost his controlled measured tone he also get to the point where he losses physical control and goes into a trance or fit. Othello takes on the villainous aspect of the traditional black role by the way he treats Desdemona Desdemona My Lord Othello I am glad to see you mad Desdemona why sweet Othello? Othello Divel. This shows us his darker side, as he is unforgiving and harsh even when she is crying. At the end of the play when Othello realises that Iago has tricked him he does regain some of the nobility he had in the beginning of the play. His speech returns to the eloquent and structured way he talked before although he still uses the animalistic tones he picked up from Iago as he describes himself as a circumcised dog. He is still insecure about how people see him so he explains of one who loved not too wisely but too well romanticising the fact that he has killed his wife which makes the audience feel sorry for him. He feels remorse and kills himself which makes it seem like a more valiant death instead acting like the savage villains black roles were normally given. Iago is the only one left at the end of the play alive that knows the whole story and what went on. He retains control by swearing not to speak leaving the other characters not knowing exactly what went on giving us an enigmatic ending. This shows us how very strong willed he is, as he has not changed but instead suspends our impression of him. I agree that Shakespeare inverts the traditional roles given to soldiers and black characters but I dont think that it is as straightforward as that. At the beginning of the play Othello is not very much like traditional black characters but as the play progresses we see him start to fit into that role more although he does redeem himself somewhat in the end. Iago shows no redeeming qualities that a soldier should have and is only working for his best interests right up until the end of the play. When Shakespeare wrote the play what was he trying to say? What he shows in this play is that on the outside a black character who is the leader of a white soldier, but looking deeper, we see that it is still the white person in control using Othello, exploiting him and eventually making him lose his life. Even when the black person is given power the white person is the one in control and it all ends tragically. Maybe in a society in which black people were not given many opportunities he was trying to justify this fact. Or maybe Shakespeare was just being a playwright trying to pull in large audiences by writing about sex, violence, exotic black characters and unconventional soldiers.

Comparison of Beta Blockers Use

Comparison of Beta Blockers Use 1.1 Background Beta-blockers are a medication used to treat high blood pressure and heart problems. They are used by millions of people around the world everyday. In 2004, they were the fifth most widely prescribed class of medicine. Beta-blockers are effective, life-saving medicines with more than 25 years of widespread and generally safe use. There are fourteen beta-blockers are currently available. These included Acebutolol, Atenolol, Betaxolol, Bisoprolol, Carvedilol, Esmolol, Labetalol, Metoprolol, Nadolol, Penbutolol, Pindolol, Propranolol, and Timolol. Beta-blockers are just one class of prescription medicine used to treat high blood pressure and heart disease. Four other classes are commonly used to treat high blood pressure, for example. These include the diuretics, calcium channel blockers, ACE inhibitors, and angiotensin-receptor blockers. These four plus beta blockers are often used in combination, two or more at a time. Indeed, many people with high blood pressure will require two or more high blood pressure medicines to bring their blood pressure down to a normal and healthy range. Although they are used primarily to treat people with high blood pressure, they are also used to treat other heart conditions. These include angina (heart or chest pain), abnormal heart rhythms, coronary artery blockages, and heart failure. They are also used, along with other treatments, to help prevent repeat heart attacks in people who have already had one, to prevent migraine headaches, and to treat performance or stage-fright anxiety. High blood pressure is one of the most significantly and persistently under-diagnosed and under-treated medical conditions. It raises your risk of heart disease, heart attack, heart failure, stroke, dementia, vision loss, and kidney failure. In most who have high blood pressure, it is a lifelong condition. Yet studies show that only 30% of people with high blood pressure getting the medicines, care, and blood pressure control they need. Uncontrolled high blood pressure is a leading cause of death. Because it has no symptoms and often goes undetected, high blood pressure is often called the nations leading silent killer. Beta-blockers work by blocking adrenaline in the heart and blood vessels. Adrenaline speeds up the heart rate, makes the heart muscle contract more strongly, and constricts arteries throughout the body. All these raise blood pressure. In blocking adrenaline, beta-blockers slow down the heart and reduce its workload. That helps to decrease blood pressure. Choosing a beta-blocker, and its dose, depends on what people need it for. Studies show that some beta blockers are more effective and safer than others for certain conditions. People respond to the various beta-blockers differently. There are important differences in how the various beta-blockers work that will affect the use of them. In effect, beta blockers differ in the type of beta receptors they block (ÃŽÂ ²1, ÃŽÂ ²2, and ÃŽÂ ±) and, therefore, their effects. Non-selective beta blockers, for example, propranolol, block ÃŽÂ ²1 and ÃŽÂ ²2 receptors and, therefore, affect the heart, blood vessels, and air passages. Selective beta blockers, for example, metoprolol primarily block ÃŽÂ ²1 receptors and, therefore, mostly affect the heart and do not affect air passages. Labetalol and carvedilol block beta and alpha-1 receptors. Blocking alpha receptors adds to the blood vessel dilating effect of labetalol and carvedilol. Beta-blockers are generally safe medicines. They have not been shown to cause any serious long-term or irreversible negative consequences, even after many years of use. But side effects are common among people taking beta-blockers. The majority of people can expect to experience at least one. These include fatigue or drowsiness, dizziness or lightheadedness, slow heartbeat, low blood pressure, difficulty breathing, numbness, tinkling or coldness of fingers, toes or skin, weight gain, mental depression, disturbing dreams, reduced libido, erectile dysfunction in men, or ability to reach orgasm in both men and women. Most side effects can be avoided or minimized by starting with a low dose and increasing it gradually. Also, some of these adverse effects go away or diminish in time, after body gets used to the drug. Overall, the strongest evidence on beta-blockers links them to a lower risk of repeat heart attack and early death in the aftermath of a heart attack. More than 60 studies have examined this, and all have found a marked benefit for the pills. There is also compelling evidence that some beta blockers lower the risk of death in people with heart failure, preventing 3.8 deaths per 100 patients in the first year of treatment. Therefore, everyone who has had a heart attack should be taking a beta-blocker. Below are the list of beta-blockers that use in Klinik Kesihatan Greentown: No:  1. Generic Name:  Atenolol Trade Name:  TENORMIN ® Dosage Form:  Tablet Strength:  100mg No:  2. Generic Name:  Bisoprolol Trade Name:  CONCOR ® Dosage Form:  Tablet Strength:  2.5mg , 5mg No:  3. Generic Name:  Carvedilol Trade Name:  DILATREND ®, CASLOT ® Dosage Form:  Tablet Strength:  6.25mg , 25mg No:  4. Generic Name:  Labetalol Trade Name:  TRANDATE ® Dosage Form:  Tablet Strength:  100mg No:  5. Generic Name:  Metoprolol Trade Name:  BETALOC ® Dosage Form:  Tablet Strength:  100mg No:  6. Generic Name:  Propranolol Trade Name:  INDERAL ® Dosage Form:  Tablet Strength:  40mg 1.2 Objectives 1.2.1 To list down types of beta-blockers in Klinik Kesihatan Greentown. 1.2.2 To analyze the usage of each beta-blockers in Kinik Kesihatan Greentown. 1.2.3 To compare the most commonly used beta-blockers in Klinik Kesihatan  Greentown based on the results. CHAPTER 2:  LITERATURE REVIEW From the past, beta blockers is widely use for the treatment of hypertension besides treatment such as stable and unstable angina, arrhythmias, bleeding esophageal varices, coronary artery disease, asymptomatic and symptomatic heart failure, hypertension migraine, and secondary prevention post-myocardial infarction (Mark Helfand, MD, et al., 2007). Although some study shows that beta-blockers are not first-line drugs in the treatment of hypertension (Wiysonge CS, et al., 2007) but when initiating a beta-blocker, it is proven to be as effective and safe as initiating an ACE-inhibitor first (Ferenc Follath, 2006). Besides, beta blockers provide similar clinical outcomes and are associated with fewer adverse events than calcium antagonists in randomized trials of patients who have stable angina. (Paul A. Heidenreich, MD, et.al., 1999) There is also evidence that suggest B-blockers are useful in managing angina and reducing mortality after myocardial infarction and in heart failure (H T Ong, consultant cardiologist, 2007) but beta blockers appear to be less effective when used as monotherapy in black hypertensives (Walter Flamenbaum, MD, 1985). Additionally, beta-blockers may be considered as a first-line option in women of child-bearing potential because of concern about foetal renal maldevelopment with ACE inhibitors or angiotensin receptor blockers (British Hypertension Society, 2008). When starting beta blockers, it should be started at the lowest dose, with the dose increased every two to four weeks until the target dose or highest tolerated dose is reached because beta-blockers showed little evidence of useful antiarrhythmic action in the dosage used (J M Roland, et.al., 1979). It also should reconsider in the treatment of hypertension since doses smaller than those recommended are almost as effective and much cheaper. (A K Scott, et al., 1982) On the other side, when beta blocker treatment given as secondary prophylaxis after myocardial infarction it is highly cost effective (G Olsson, L A Levin, N Rehnqvist, 1987). Among all the beta-blockers, atenolol had the most widely used in Klinik Kesihatan Greentown because study proven atenolol is more effective than placebo in lowering blood pressure but does not appear to reduce the rates of cardiovascular morbidity or mortality (Carlberg B., et al., 2004). One of the studies also shown that the use of atenolol (started 72 h before operation) is effective in reducing the incidence of supraventricular arrhythmias following elective coronary artery bypass operations in patients with good left ventricular function (R. K. Lamb, et al., 1988). When compare between atenolol versus nifedipine versus the combination, atenolol was slightly better than nifedipine on exercise time, but the combination was slightly better for decreasing the number of attacks (El-Tamimi, H. Davies, G.J., 1992). Anyway, atenolol should be avoided in the early stages of pregnancy and given with caution at the later stages, as it is associated with fetal growth retardation, which is related to duration of treatment. (Lydakis C., et al., 1999) Metoprolol, which shows the second higher usage in Klinik Kesihatan Greentown, is an effective drug for treatment of stable exercise-induced angina pectoris (Arnman K Rydà ©n L. 1993) where metoprolol also can reduce total mortality, sudden death, and death due to progressive heart failure and improved quality of life (Mark Helfand, MD, et al., 2007). There is also a study about 62 patients taking metoprolol 100 mg twice daily, nifedipine 10 mg three times daily and the combination in a randomised double blind crossover study, metoprolol was better than nifedipine; the combination was better again (Uusitalo, A, et.al, 1986). On the other side, both carvedilol and metoprolol also showed parallel beneficial effects on symptoms, exercise, ejection fraction, and oxidative stress in heart failure (Marrick L. Kukin, MD, et. al, 1999). Treatment with metoprolol will resulted in lower all-cause mortality than treatment with a thiazide diuretic (Mark Helfand, MD, et al., 2007) but metoprolol did not benefit mortality or ischemic events in a longer-term (Mark Helfand, MD, et al., 2007). Although carvedilol and immediate release metoprolol had similar effects on quality of life, but metoprolol improved exercise capacity more (Mark Helfand, MD, et al., 2007). Yet, the chronic use of the more selective beta-1 selective blockers such as atenolol and metaprotenol has been shown in several studies to not significantly increase asthma or worsen pulmonary function (J Respir, 2003). Among all the beta blockers, labetalol is among the physicians choice because the efficient hypotensive action, together with apparent freedom from maternal and fetal side-effects, and consequent improved perinatal mortality, suggest that it is a suitable drug for use in pregnancy complicated by hypertension (C A Michael, 1979). Besides, labetalol appears to be better able to prevent the appearance of fetal growth retardation compare to atenolol (Lardoux H, et al., 1983). The most significant effect is when comparing side-effect liabilities, it is clear that quantitatively labetalol produces no greater burden of side-effects than drugs of the ÃŽÂ ²-adrenoceptor-blocking group (B. N. C. Prichard D. A. Richards 1982). It also may be considered relatively safer then pure non-selective beta-adrenoceptor blocking drugs in patients with airways obstruction (S H Jackson D G Beevers 1983). Among the incidence of side-effects, was similar with atenolol, metoprolol and pindolol but was slightly less with labetalol (J J McNeil W J Louis 1979). Of all this reason, labetalol become one f the common prescribe drug for pregnant women. For the next drug, propranolol, it should be used with care in patients with known vascular disease (P D McSorley D J Warren 1978). Carvedilol which is other beta blockers has a powerful antiarrhythmic effect, where a study shows after AMI, even in patients already treated with an ACE inhibitor, carvedilol suppresses atrial as well as ventricular arrhythmias in these patients (McMurray, J., et al., 2005). It also may adversely affect recovery from severe hemorrhagic shock (Taniguchi T., et al., 2009). Next, carvedilol is the only beta blocker shown to reduce mortality in post-MI patients who are already taking an ACE inhibitor (Mark Helfand, MD, et al., 2007). In one of the study also shown that administering carvedilol in addition to conventional therapy reduces mortality and attenuates myocardial remodelling in patients with left ventricular dysfunction following acute MI. Mortality was significantly lower with carvedilol than with metoprolol in patients with mild to severe CHF, suggesting that carvedilol may be the preferred beta-blocker (Keating GM Jarvis B. 2003). However, patients with CHF and asthma tolerated carvedilol poorly and because of that asthma still remain a contraindication to beta-blockade (Kotlyar E, et al., 2002). For bisoprolol, neither dose of bisoprolol showed any obvious influence on reducing attack duration or severity (Mark Helfand, MD, et al., 2007). CHAPTER 3:  METHODOLOGY 3.1 Study Design A case control study is conducted from 1st Mac 2009 till 8th May 2009. We will identify the usage of Beta Blocker drugs in Klinik Kesihatan Greentown. Inclusion criteria for this study are based on the date noted on the cupon. Exclusion criteria is the date for the part supply prescriptions which we will take the last date the patient comes to collect the their medication. A total of 3 months prescription (October 2008 till December 2008) will be taken to be analyzed. Comparison between all beta blockers is then done when all data has been analyzed. 3.2 Data Collection Each month of prescription is divided among us group members to evaluate and count the frequency usage of those Beta Blocker drugs. Time that given to finished the evaluation of the prescription is 1 month from the date the prescription is given. The Beta Blocker drugs that has be taken count for this study is between Metoprolol Tartrate, Atenolol, Carvedilol, Propanolol HCL, Bisoprolol Fumarate, and Labetolol HCL. 3.3 Statistical Methods/Data Analysis Data has been analysis using Microsoft Excel which the results is shown through bar and pai chart. 3.4 Ethical Consideration Permission to conduct this study is obtained from the chief pharmacist and our local preceptor of Hospital Raja Permaisuri Bainun and Klinik Kesihatan Greentown. CHAPTER 4:  RESULTS Graph 1 show the total usage of each type of Beta-blockers used in October 2008 at Klinik Kesihatan Greentown. From the graph, we found that atenolol is among the most frequently used Beta-blocker drug used by Klinik Kesihatan Greentown on October 2008 which is 449 patients, followed by metoprolol, 404 patients, propranolol, 20 patients, labetalol and carvedilol, 1 patient each, while no patient was prescribed with Bisoprolol. Graph 2 shows the total usage of each type of beta-blockers in November 2008 at Klinik Kesihatan Greentown. The graph indicates that atenolol is the most highly used if compared with other Beta-blockers which have 358 patients, followed by metoprolol, 324 patients, propranolol, 35 patients, bisoprolol, 4 patients, labetalol, 2 patients and carvedilol, have 1 patient only. Graph 3 shows the total usage of each type of Beta-blockers in December 2008. From the graph we can conclude that atenolol rated as the most widely used where there are 377 patients, followed by metoprolol, 303 patients, then propranolol, 27 patients, bisoprolol, 14 patients, labetalol, 3 patients and carvedilol, 8 patients. Graph 4 shows the overall usage of each beta-blocker used in Klinik Kesihatan Greentown based on total amount of prescriptions prescribed on October, November and December 2008. From types of beta-blocker, we can conclude that atenolol is the most widely used which have 1184 patients compared with other beta-blocker drugs. While metoprolol is the second beta-blocker drug that commonly used which have 1034 patients, followed by propranolol, 82 patients, bisoprolol, 18 patients, carvedilol, 10 patients and labetalol, 6 patients. Graph 5 displays the total usage of beta-blockers based from October, November and December in year 2008 at Klinik Kesihatan Greentown. From the overall, the month of October 2008 shows the highest percentage of beta-blockers used in Klinik Kesihatan Greentown which are 38% or total usage are 875, followed by December 2008 which are 31% or total usage are 732 and November 2008 are 31% or total usage are 724. CHAPTER 5:  DISCUSSION 5.1 Atenolol Beta-blockers work by blocking adrenaline in the heart and blood vessels. Adrenaline speeds up the heart rate, makes the heart muscle contract more strongly, and constricts arteries throughout the body. All these raise blood pressure. In blocking adrenaline, beta-blockers slow down the heart and reduce its workload. That helps to decrease blood pressure (Houghton T, Fremantle N, Cleland JG. 2002). Atenolol in this case is a beta blocker used not only to treat hypertension but also is the primary medication treatment for angina and after an heart attack (American Academy of Family Physician, 2000). Based on our study, at Klinik Kesihatan Greentown the most used beta blocker from October 2008 till December 2008 was atenolol. This could be due to many factors; one of it to be the effective treatment towards treating hypertension. It is also widely use because doctors nationwide has been prescribing this drug for a long time and it is shown by patient age on the prescription studied, geriatric patients prefer sticking to atenolol than changing to other beta blockers as they safe and satisfied with the treatment of atenolol. Atenolol also has very less adverse effects compared to other beta blockers .It is also known to effectively lower blood pressure to its normal range by decreasing the heart rate. It easy to consume as the daily dosing is usually 1 tablet a day(100mg) or half a tablet a day(50mg) ( Shekelle, P. G., et al., 2003 ). According to a study it has chosen four of the five indicated beta blockers as Best Buy drugs for people with angina, based on price. They are atenolol, metoprolol tartrate, and propranolol. Generic acebutolol is substantially more expensive than these four and no more effective. Taking a beta-blocker after a heart attack lowers the risk of a repeat attack and death by 15% to 25%. Five beta-blockers -atenolol, carvedilol , metoprolol tartrate, propranolol, and timolol- have been proven in studies to reduce deaths in people whove had heart attacks. The evidence is somewhat stronger for atenolol, however. On that basis, and because they are available at lower cost than carvedilol (Coreg) and timolol, atenolol is chosen as one of the best buys around. Studies of carvedilol are complicated by its use therefore atenolol is a much suitable drug to be considered alongside its market price (Houghton T, Fremantle N, Cleland JG. 2002). 5.2 Metoprolol Metoprolol is the second commonly used in Klinik Kesihatan Greentown after atenolol. It is a first-line therapy for hypertension, angina, congestive heart failure, coronary artery disease, secondary prevention of heart attack (Bradley HA, et al., 2006). Besides that, metoprolol is also used to treat migraine headaches, panic disorder, anxiety and hyperthyroidism (Cleland JGF, et al., 2002). It is a selective beta-1-blocking agents which do not significantly affect respiratory function or antagonize salbutamol effects in patients with COPD (Fogari R, et al., 2001). Metoprolol does not significantly affect FEV1 or FVC at a dose of 200 mg daily when compared with placebo in patients with moderately severe COPD and significant reversible component (Fenster PE, et al., 1990). Metoprolol is used to decrease symptoms such as rapid heart rate, sweating and tremor which are associated with thyrotoxicosis. It is also used to prevent migraine, although it is not fully understood how metoprolol works in this area (Erdmann E, et al., 2005). At low doses, cardioselective beta blockers such as metoprolol selectively block the beta receptors found in the heart and are less likely to cause side effects. These medications may be better than nonselective beta blockers for people with obstructive lung disease, asthma, poor circulation, diabetes, and depression (Torp-Pedersen C, et al., 2007). Based on the analysis of the COMET (Carvedilol Or Metoprolol European Trial) study, metoprolol patients had a 34% lower risk of death than placebo patients. Metoprolol reduced mortality and all-cause hospitalization by 19%. All-cause mortality plus hospitalization for heart failure went down 31%. All-cause hospitalization alone was lowered by 13%, hospitalization for all heart-related causes by 20%, and hospitalization for worsening CHF by 32% ( Woolfenden J,et al, 2003). Selective beta-1-adrenergic blockade is routinely preferred to non-selective blockade in patients with coexistent COPD and CHF to minimize the risk of inducing bronchoconstriction (Abraham T, et al, 1983). Compared to metoprolol tartrate, carvedilol reduced the total days lost. This effect was mostly due to increased longevity. Metoprolol tartrate has been shown to improve well-being after myocardial infarction (Olsson G, et al,1993). Beneficial effects of metoprolol in idiopathic dilated cardiomyopathy, indicating that the effect of carvedilol was in addition to that of an active control (Waagstein F, Bristow MR, Swedberg K, et al, 1993). 5.3 Propranolol From the graph, propranolol is one of the least used in Klinik Kesihatan Greentown. Propranolol is used most often for the treatment of high blood pressure, angina, and abnormal heart rhythms. It is also used to treat the symptoms of anxiety. Propranolol was the first beta-blocker available in the United States. Beta-blockers are drugs that interfere with nerve signals transmitted by the chemical norepinephrine. They reduce the force and speed of the heartbeat and prevent dilation of certain blood vessels. These actions reduce the work load on the heart, relieve the muscle tremors that often accompany anxiety, and reduce the blood pressure in the brain to prevent migraines.  ( Division of Simon and Schuster 1230, avenue of the Americans New York, NY 10020). Because of the risk of side effects, propranolol should be used with caution in people with impaired kidney or liver function (Division of Simon and Schuster 1230, avenue of the Americans New York, NY 10020). It works by affecting the response to nerve impulses in certain parts of the body, like the heart. As a result, the heart beats slower and decreases the blood pressure. When the blood pressure is lowered, the amount of blood and oxygen is increased to the heart. Propranolol is also affects the bodys sugar metabolism, it should be used with caution in people with diabetes or hypoglycemia (low blood sugar). Propranolol may mask certain clinical signs of thyroid disease and interfere with thyroid-function tests. Similarly, propranolol may interfere with tests for glaucoma  ( Division of Simon and Schuster 1230, avenue of the Americans New York, NY 10020).   Propranolol is thus used for the symptomatic relief of thyrotoxicosis (hyperthyroidism). It has no direct effect on the cause, namely overproduction of thyroid hormones, which requires to be treated concurrently. This is clearly shown at Klinik Kesihatan Greentown because most of propanolol usage was to treat thyrotoxicosis. Scores on various subjective rating scales showed that propranolol had a larger mood elevating effect than atenolol. Heart rate and blood pressure were significantly reduced 24 h after atenolol medication; these effects were absent or reduced after propranolol had been given (A.  A.  Landauer, et al., 1978  ). 5.4 Bisoprolol From the graph we know that the total usage of bisoprolol is only 6 patients out of the 3 month that we have evaluated. It shows that bisoprolol is also less than one of the least used in Klinik Greentown Ipoh. This is due to the price of the medicine. As in a journal, the greatest absolute cost discrepancy for both groups was under-estimation of linezolid ($800 and $400) and over-estimation of clopidogrel ($60) and bisoprolol therapy ($62) by residents and pharmacists, respectively (Wilbur K., 2009). It shows that bisoprolol is one of the expensive Beta blocker drugs compared to the others of Beta blocker drugs. Perhaps it cant give the same effect of atenolol which the most used Beta blocker. Based on a journal, serious adverse effects (e.g. serious bradycardia or hypotension) occurred in 3.1% of patients switching from metoprolol tartrate to carvedilol, and 2.3% experienced worsening heart failure. In the metoprolol to bisoprolol group, worsening heart failure occurred in about 2% of patients. Serious adverse effects also occurred in about 2% of the metoprolol to bisoprolol patients. Adverse effects were higher in patients switched to the equivalent dose rather than half the equivalent dose. (Pharmacists Letter / Prescribers Letter, 2009) Other than that, bisoprolol is also difficult to get the stock of drugs because it is the List A drug and have its own procedures to make the ordering from the company. 5.5 Carvedilol From the graph we can conclude that carvedilol have the least favorable number of usage compare to others beta blockers but then its still a preferable drug for physician to prescribe due to its beneficial effect. First of all, carvedilol is proven to lower mortality in patients with mild to severe congestive heart failure (Keating GM, 2003), besides it also suppresses atrial as well as ventricular arrhythmias (McMurray et. al 2005) and it is the only beta blocker shown to reduce mortality in post-MI (Mark Helfand et. al, 2007). But then on the other side, when compare to metoprolol, it is lack in improved exercise capacity (Mark Helfand et.all 2007) and it may adversely affect recovery from severe hemorrhagic shock (Taniguchi T et.all 2009). Between, patients with CHF and asthma tolerated carvedilol poorly and yet, asthma still remains a contraindication to beta-blockade. All the prescribing for beta blockers in Klinik Kesihatan Greentown also mostly due to the restriction of cost w here carvedilol is listed as A list drug therefore it needs a specialist to start and indirectly reduce A listed drug. 5.6 Labetalol From the graph, we can see that labetalol shows the least usage in Klinik Kesihatan Greentown. This is because the main indication of labetalol is for use in pregnancy complicated by hypertension with apparent freedom from maternal and fetal side-effects, and consequent improved perinatal mortality (C A Michael, 1979). Beside that, labetalol should be avoided in asthmatic patient because it produced more bronchial blockade than atenolol (A D Mackay, et al., 1981) and reduced the effect of inhaled salbutamol on FEV1 (S H Jackson D G Beevers, 1983). Furthermore, labetalol was associated with a significant less reduction or increase in cardiac output than on pure beta blockers (Lund-Johansen P, 1983) and probably induced SLE syndrome (R. C. Brown, et al., 1981). Lastly, considerable differences in dose (atenolol 138 +/- 13 mg daily; labetalol 308 +/- 34 mg daily; metoprolol 234 +/- 22 mg daily), labetalol will required a higher dose to produce similar antihypertensive effects (J J McNe il W J Louis, 1979) and the cost for labetalol is higher than atenolol and metoprolol. CHAPTER 6:  CONCLUSIONS Finally, we can conclude that atenolol have the highest usage among beta-blockers in Klinik Kesihatan Greentown followed by metoprolol, propranolol, bisoprolol, carvedilol and the least usage which is labetalol. Commencing from this study, we found that further studies is needed so that physician can prescribe more convincingly and led to a better life for patients.

Looking for Dr. Fuller :: Buckminster Fuller Essays

Looking for Dr. Fuller It's the next to next to last day of English 381: The Personal Essay. We're reading Annie Dillard's Teaching A Stone to Talk and I call attention to a blurb on the jacket by Edward Albee. A student notes asks about another quotation from Dr. R. Buckminster Fuller. She doesn't know who Fuller is, and no one else in the class does either, but the running speculation is that he's a fundamentalist evangelist, a sort of Dr. Norman Vincent Peale. I fumble for an explanation of Fuller--architect, philosopher, voice of a generation like Dr. Spock. I joke that I should bring in my Whole Earth Catalog so I can illustrate my remarks. I explain that Fuller invented the geodesic dome and when some in the class aren't certain what that is, I scrawl a bad drawing on the board. Finally someone saves me by mentioning Epcot Center, and we go off awhile on that. I mention that another dome much closer is in Downs, Illinois, ten miles down the road in a one-tavern town. Here is an essay possibility, the connection between Epcot Center and Downs, Illinois. But that's not the road to travel in this essay. At the library I plug Fuller's name into the computer. Twenty books pop up, their call numbers ranging from C, to H, to P, to T, and I suddenly recognize a title Operating Manual for Spaceship Earth, its publication place of Carbondale reminding me that Fuller taught at Southern Illinois University. There's a picture of his geodesic dome house in Carbondale, by the way, in the plates between pages 96 and 97 of Ideas and Integrities: A Spontaneous Autobiographical Disclosure. For kicks I also ask the computer to find The Whole Earth Catalog, call number AP2.W5. My book search will take me, then, to five different floors. The Whole Earth Catalog is yellowing and brittle. Its publishers, the Portola Institute, probably didn't expect back in 1969 that the they would show up on university library shelves, and so they didn't bother with acid-free paper. When I flip through the pages I remember the day I bought a copy myself, a later edition, at least, in 1975 and, reading, through it, came upon a recipe for baking bread, from the Tassajara Bread Book. It was summer. Breaking bread sounded like a righteous thing for a college freshman to do and so in my mother's kitchen I measure yeast and molasses and water and whole wheat and salt and oil and kneaded out six loaves.

KamaSutra and the War Between the Sexes Essay -- Movie Film Essays

KamaSutra and the War Between the Sexes    The movie KamaSutra is a tale of love and passion. It is set in ancient India and is a story about Tara, a princess and Maya, her maid. Maya was always in Tara's shadow. Everything she used were the leftovers of the Princess. Maya always had to move in Tara's shadow. Even though she was prettier and more accomplished in the arts Maya could never be seen as Tara's equal. To avenge herself Maya seduces Tara's husband, the king of a neighboring province. For Maya it's only an act of revenge, for now Tara will have to spend the rest of her life with what Maya had used. On Tara's wedding night, Maya offers herself to Tara's husband. After Maya seduces Tara's husband she finally finds herself. Instead of seeing herself as Tara's shadow she now sees herself as equal to the queen, for now Tara will have to spend the rest of her life with something Maya has used. Tara gets rejected repetitively by her husband. Her shyness and inhibited sexuality annoys Rajsingh. On their wedding night he le aves her to go to one of his courtesans. Thereafter Tara is always portrayed as either crying or watching her husband leave with other woman. She is a bitter, jealous, and ugly woman till Maya teaches her the art of loving. When her husband, Rajsingh now sees her he desires her. It is after the point that she sees herself as a sexual person that she can find herself. The queen emerges as a strong woman, no longer a weeping lost soul. When Rajsingh starts to falter after he is rejected by Maya, Tara takes control of the state and of the King. It is through intercourse that the relationship of the male and the female are depicted. It is the tool of love, power, destruction, and identity. Through sexu... ...n emphasis on the emotional aspect of the child. These differences pave the way for unhappy adult interactions. The divorce rate in most western countries is alarming. In eastern countries they are definitely on the rise. The two sexes are taught so well to be different from each other that when it is time for them to live together they can't. The only solution maybe to go back and unlearn exactly what comprises femininity and masculinity. So that the future children grow up to fill our expectations of what is human, rather than what feminine or masculine.    Work Cited Horney, Karen. "The Distrust Between the Sexes." A World of Ideas: Essential Readings for College Writers. 5th ed. Ed. Lee A. Jacobus. Boston, MA: Bedford/St. Martin's, 1998. 337-351. KamaSutra. Dir. Mira Nair. Earl Jackson Jr, Stategies of Deviance. Indiana University Press 1995

The Draft in the USA Essay -- Army Military War Essays Papers

The Draft in the USA The draft is a taboo subject in America, but regardless of its controversy it is a subject that must be examined. The daft, however rash, is essential for America in case of a national emergency. Many people in this age of America lack patriotism for their country. Of course, many citizens ignore the fact that they are living in one of the only countries that offer you freedom and the choice to succeed as far as you want. However, â€Å"Of those to whom much is given, much is required† (Mackenzie) and all that is asked of you in America is to give yourself to her when asked. Many people would not risk their lives for America. That is when the government should put a call to action and reinstate the draft to insure the safety of American citizens. The people that oppose the draft believe that it segregates the poor from the rich and it cuts America right down the middle. â€Å"†¦poor blacks, Hispanics, and rural whites should not serve so disproportionately in the ranks of the military and that those in the ‘upper classes’ should also serve†¦Ã¢â‚¬  (Akil) the opposed believe it’s unfair to decide by wealth. They believe that if the draft is to be reinstated it should not be in regards to race, wealth or any discriminatory trait. The draft may be prejudiced but it doesn’t mean it is not needed. There are many flaws in it, but there are also flaws in government, society, in every individual. These flaws are fixable, and in the future they will be corrected now Am...

Existentialism in Waiting for Godot Essay

Existentialism is a philosophy that repudiates the idea of religion or any ‘supreme’ being bringing meaning to life, and advocates the idea that individuals are instrumental in finding a purpose to life through free will, choice, and personal responsibility. Hence in Samuel Becket’s existentialist play Waiting For Godot, he puts forth an idea that all of humanity is wasting their lives in inaction- waiting for the salvation of a deity, when that divine being may or may not even exist. As inferred from the phrase â€Å"existence precedes essence†, there is no pre-existent spirituality or soul; no god, Christian or otherwise; no cosmic compassion for human life; no salvation in heaven and damnation in hell; neither preset destiny nor inevitable fate; and nor is there the transcendence of our worldly existence. Everyone must bear the responsibility for their own existence, since it is not predetermined or shaped by any external force; a subsequent anxiety is one of the aspects of human nature. Nevertheless, the burdens of anxiety and responsibility are often too heavy to bear, and we often seek to shift them on certain individuals, institutions, religions, or even on a ‘Godot’. Existentialism manifests itself in Waiting for Godot through its motifs of despair, absurdity, alienation, and boredom. One of the most prevalent themes is that of loneliness as a consequence of godlessness. In a blank futile universe devoid of purpose, design or care – represented by the featureless Beckettian landscape, human beings are alone, and condemned to be free. Afraid of this isolation Estragon and Vladimir cling together despite their quarrels, and Pozzo and Lucky do not untie themselves. This futility leads to another characteristic of existentialism: despair. Since there is no preset will, Existentialism preaches the individual freedom of choice. Estragon and Vladimir have made the choice of waiting, without any instruction as Vladimir says that Godot â€Å"didn’t say for sure he’d come†. Yet they wait to know exactly how they stand. The boredom of waiting prompts them to ponder over their identity, as inactivity leads the individual to think. Estragon remarks: â€Å"We always find something, eh Didi, to give us the impression that we exist? It is learnt that man needs a rational basis for existence but fails to find one, making his life no better than a wasted passion. The two tramps, Estragon and Vladimir vainly attempt to put order in their lives by waiting for Godot who never arrives, and reiterate that â€Å"Nothing is to be done. † This inaction further questions their very entities, and Estragon anxiously doubts: â€Å"Where do we come in? † Whenever Estragon and Vladimir make a decision, the stage directions dictate that â€Å"They do not move. † and continue to show passivity. Therefore, even their resolution to go is not strong enough to produce action. Many times Estragon says â€Å"Let’s go†, but Vladimir always reminds him that they can’t as they are â€Å"waiting for Godot. †This inability to act renders Vladimir and Estragon unable to determine their own fates. Instead of acting, they can only wait for someone or something to act upon them- referring to the existentialist argument of man’s desperate need to establish his own purpose and meaning to life. Furthermore, Vladimir and Estragon ponder suicide by hanging themselves from the tree, but once again their anxiety stops them, as the latter remarks: â€Å"Don’t let’s do anything. It’s safer. † Kierkegaard’s notion of ‘Dread’ or ‘Angst’ includes ideas of existentialism which talk about a state in which the individual’s freedom of choice places him in a state of anxiety, as he is surrounded by almost infinite possibilities. This could explain the inactivity of both the tramps. They are aware of the different choices they can make but are hesitant, just as they decide to leave at the end of the act but remain motionless. Thus, the end of act 1 firmly asserts the characters’ hopelessness. Beckett infers that people pass time with habits to cope with the existentialist dilemma of the dread or anxiety of their existence. Estragon and Vladimir idly pass their time to escape the pain of waiting and even thinking. Vladimir expresses this idea at the end of the play: â€Å"Habit is a great deadener. † All the events narrated through the course of the play – the Crucifixion story, the suicide plan, playing talk – seem nothing more than silly pastimes. Once during the Pozzo-Lucky encounter, the tramps behave as if they are in a theatre; Vladimir even asks Estragon to keep his seat while going off to the urinal at â€Å"The end of the corridor, on the left. † Pozzo and Lucky’s coming can also well be interpreted as an act to entertain Vladimir and Estragon; a way in which Becket questions whether life itself is just a mere source of entertainment to pass the time while waiting for salvation. However, the distractions end sometime or the other, leaving them again with their futile inaction: â€Å"The essential doesn’t change. † This once again echoes the existentialist theory that life will end in nothingness as it has begun, reducing all of man’s achievements and accomplishments to nothing. Time has little significance in this futile lifecycle. The past often becomes misty to Estragon as he often asks questions like â€Å"What did we do yesterday? † He does not remember Pozzo and Lucky and even the place in Act Two, and shortly, Pozzo fails to recognize the tramps (Estragon and Vladimir) too. The mysterious boy returns with the same message; Godot never comes and tomorrow never seems to arrive. Vladimir, therefore, is right to say that â€Å"time has stopped. † Estragon conveys the horror of this uneventful repetitive existence in â€Å"Nothing happens, nobody comes, nobody goes, it’s awful! â€Å".