Law 201 Case Study Essay Example

Law 201 Case Study Essay Raymond Smith recently bought a new car from a car dealership. The sales contract he signed contained language expressly denying liability for personal injuries caused as a result of defects in the car. It also limits the remedy for breach of warranty to repair or replace the defective part. Unfortunately one month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. I will determine what would be the result if Raymond Smith sued the dealership. Under the Uniform Commercial Code (UCC) Article 2, unless omitted or changed, the sale of any goods suggests a warranty by the seller that the goods are of reasonable and average quality. Also that it is fit for the ordinary purposes that the goods are to be used. In this case, because the car dealer has omitted personal injuries caused by the car, from the warranty provided to Raymond, the car dealer would be able to enforce the disclaimer against Raymond Smith. But since Raymond was simply driving the vehicle under ordinary onditions and not driving recklessly, the car dealer personal injury disclaimer would not be enforced against him. We will write a custom essay sample on Law 201 Case Study specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Law 201 Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Law 201 Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Therefore, as the vehicle defect renders it unfit for ordinary use, Raymond will prevail against the dealer for breach of warranty. The bottom line is that the type of disclaimer given by the car dealer is invalid. The car dealer can be sued for the defect and breach of warranty. What we still do not know is whether the defect was caused by the car dealership or by the manufacturer. If it is cause by the dealer than the dealership would be liable for Raymonds accident.

The American Struggle for Rights and Equal Treatment

The American Struggle for Rights and Equal Treatment Though the Americans were not rebellious initially, there came a point when they were ready for war. They had played second fiddle for a bit too long and could not take it any more.Advertising We will write a custom essay sample on The American Struggle for Rights and Equal Treatment specifically for you for only $16.05 $11/page Learn More Slowly, the awakening call was being heeded. People were tired of the course things were taking. Time had come for the Americans to fight for their rights and equal treatment from the British. It should be noted that there are several factors that contributed to the revolution in which the Americans were successful. To begin with, the Americans had been under the rule of the British for a very long time. During this duration, Americans were subjected to various forms of regulations some of which were against their will. As a result, the spirit of extrication was high in people’s minds. Therefore, Americans wanted to be free from the restrictions that were imposed to them by the Britons. On the same note, the British concentrated on taxing various establishments and forgot to read the mood of the people. Meanwhile, the people were complaining about methods that were being used to rule them which they felt were not in the interest of the common Americans. Similarly, the British’s anti-smuggling policy came too late when the culture had taken roots. Consequently, people were not ready to leave the act which had come to be part of their daily activities. To the smugglers who were at the time powerful and influential, the anti-smuggling policy was a violation of their rights. The smugglers therefore organized people to resist the anti-smuggling policy. In addition, the proclamation Act of 1763 restricted movement of the colonists across the Appalachian Mountains. Later, the restriction was extended to include areas up to Ohio River. This was received negatively by the Americans, especially t hose who wanted to possess more and more Indian land. Moreover, there were Acts implemented by the British parliament that propagated the American Revolution. The Acts include, the Townshend Act, the Stamp Act and the Tea Act and the Boston Tea party.Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More Despite facing a lot of challenges, Americans emerged successful from the revolution. The Americans employed Guerilla skills in their attacks thus getting the British troops unaware. Similarly, American solders used different colored clothing which made it a bit difficult for the British to spot them. On the other hand, the British army attacked in straight lines and wore red uniforms which were easily recognizable from far distances. Consequently, it was very easy for the continental Army to lay ambushes for British Armies. On the same note, the continental army highly benefited from the home adva ntage. While the British troops had to travel over very long distances sometimes taking months, the American troops were composed of the locals who were readily available. Furthermore, the locals understood well the battle ground while the British were new and had little knowledge of the place. Additionally, supplies and other requirements were easily available for the continental army which highly motivated them as opposed to the British army. Another factor that highly boosted the Americans during the revolution was the support they received from the French. Though initially they had shown no intention of joining the Americans, the French troops joined towards the end of the war. The French navy helped in detaining General Cornwallis thus further weakening the British. Other than France, extra countries for example, Spain also joined in the war thus ensuring that Americans were successful.

Vitamin D in Saudi Arabia Literature review Example | Topics and Well Written Essays - 2750 words

Vitamin D in Saudi Arabia - Literature review Example Vitamin D deficiency affects both phosphorus and calcium digestion. The main role of vitamin D is to regulate calcium levels within acceptable ranges. It achieves this by increasing intestinal calcium absorption. In a vitamin D deficiency state, 10-15 % of dietary calcium is absorbed by the intestine (Brown, Ignatius, Amling, & Barvencik 2013, p.1733-1742). In a vitamin D sufficient state, 30% of dietary calcium is absorbed and during pregnancy, growth or lactation, the absorption can go as high as 80% with increased demand for calcium. In circumstances of vitamin D deficiency, low ionized calcium concentrations espouse the secretion of parathyroid hormone. The parathyroid hormone increases calcium reabsorption in renal tubes and increases 1, 25-1-hydroxylase activity, which results in increased 1, 25- dihydroxy vitamin D (1, 25(OH) 2-D) production (Azhar 2009, p.19-25).   Pregnant women and infants in Saudi Arabia suffer so much of these conditions. Secondly, during old age, men t end to have weaker bones due to reduced calcium and phosphorus concentrations. Increased PTH concentrations result in the loss of phosphorous within the urine. Decreased levels of phosphorus and calcium results in reduced bone mineralization. In addition, reduced phosphorus concentrations lead to failure of the expected apoptosis of hypertrophied chondrocytes.  Ã‚   Calcification delay of osteoid causes osteomalacia in established bones. Osteomalacia in undeveloped bones is known as rickets (Azhar 2009 p.19-25).     Rickets is a description of the abnormal organization growth of the cartilaginous growth plate (Hovsepian 2011, p. 3). The clinical description of vitamin D deficiency that results in rickets is based on bone deformity signs and pain and may be related to hypocalcemia. This condition in Saudi Arabia affects both adults and young people.  

Montefiore Medical Centre Case Study Example | Topics and Well Written Essays - 1250 words

Montefiore Medical Centre - Case Study Example In this particular case , one of the fundamental issues that had to be tackled before the introduction of any new system was the introduction and implementation of proper motivational schemes due to the layoffs which had created a demotivated environment for the remaining workforce. And wages were already an issue as the hospital was facing an issue of merit payment non-payments as a result of financial issues which had made such payments impossibility. However, during the year 1999, the hospital had thought along the lines of providing the Senior Executives 20% bonuses in case the hospital was not able to meet its targets. However, these measures should not be used in those circumstances when the hospital when is facing financial crunch which it is at present and hence, this would not be the best of motivational schemes to introduce. An alternative to using money as a motivational technique would be using non-financial motivational techniques such as praising the work of the workforce, giving awards to the best performer, having better communication lines in order to allow the worker a chance to voice their concerns and creating a friendly environment in which the workers were made to feel like a part of a team rather than people who were being used as guinea pigs in some experiment. The second question dealt with the issue of the way the management dealt with the issue. The management would have to change its current operational strategy as that has resulted in creating a misunderstanding between it and the workers who not are unaware of what is required of them but also the purpose as to why the management is doing what is doing. Hence, this not only shows a severe breakdown in communication but also outlines the vast differences that exist in terms of the hierarchical structure. In order to overcome these, the management would have to take greater interest in the workforce and listen to their viewpoints and make them feel like they are actually part of a team instead of merely having meetings. The meetings were surely not successful when the workforce was still being left in the dark as to be required of them; hence the management would have to do a complete overhaul of its communication and co-ordination policy. The third question dealt with the issue of implementing the balanced score card and whether it was actually a wise decision on the behalf on the management to introduce it or whether it resulted in aggravating the situation even further. In terms of the effectiveness of balanced scorecard, it allowed Brennan to create a focused system in which the financials were aligned with the goals of the company, the performance measure which would allow the medical centre to become an interactive centre which would be connected to the external environment. At the same time, it would be outline the cost, quality and cycle of the clinical and administrative measures. Considering the sort of investment that this tool took and the sort of feedback that it received despite having met fierce resistance in the initial times, this tool is certainly worthy enough to become a real and animated technique adopted by the centre. However, in order for it to be successful proper communication and

Study Abroad Essay Example for Free

Study Abroad Essay It is a heated debate about whether students should study abroad or not. Some people argue that students ought to study overseas to develop their careers, as today finding a job has generated a rat race, whereas other people claim that studying abroad can be really expensive and no profitable at all. In this essay I shall delve into both sides. Many parents and teachers support the idea of encouraging students to live in another country. Firstly, overseas universities may offer better courses and can be more attractive for students prospective career plans. In this way, the best universities employ teachers who are experts in their fields. Secondly, qualifications gained abroad can open the door to better job opportunities. Many companies value extremely positive if candidates have been living abroad because companies know that this experience prepares people to face and overcome future challenges. It goes without saying that better job means to have a higher salary. Thirdly, overseas students are exposed to new cultures and customs which can enrich their lives as well as broaden their horizons. Finally living and studying in another nation can make you proficient in a new language. However, some people are against to this experience. They argue that nowadays, students are not adults enough to expose themselves to live abroad. They have to face daily problems such as buying food, paying the cost of living, finding accommodation, sharing a flat with unknown people and son on. They add that living overseas with an unfamiliar environment students can suffer from homesickness. Furthermore, studying in a different language can be a daunting obstacle that many students will not be able to overcome. Finally, they point out that many people after arriving to another nation can suffer from â€Å"cultural shock† which is the process to adapt to knew culture and traditions and this can affect students progress and performance at colleges or universities. To sum up, for the arguments mentioned above, it could be said that both sides have strong arguments to support or reject the idea of students studying abroad.

John Steinbecks The Grapes of Wrath :: John Steinbeck Grapes Wrath Essays

John Steinbeck's The Grapes of Wrath Throughout his book, the Grapes of Wrath, John Steinbeck employs the principles of Foucault’s theory that power exists as a result of consent. This is particularly the case in the relations between the Joad family. Chapter ten includes specific scenes in which the family members’ assumed positions of power are focused on and explained. When Jim Casy asks if he can accompany the Joads on their migratory trip to California, Ma looks to Tom to speak, â€Å"because he [is] a man†. Ma is clearly consenting to Tom’s power over her as a male figure, not because he told her he had the right to speak first, but because she allowed him to hold that prerogative. Foucault also argues that identity perception is related to various modes of discourse that are specific to historical eras; apparently, the idea that women are subordinate to men has been established in behavior, media, or any other entity that influences the way people think. When the rest of the Joad family returns on the truck after attempting to sell the last of their belongings, Steinbeck uses three pages to describe each family member’s place on the truck and why they belong there. Al is the â€Å"proud and serious and efficient† driver of the truck, earning the family’s respect for his responsibility in manning the vehicle. This exemplifies Foucault’s idea of transaction: the family consents to Al’s power because they will be affected if the truck malfunctions. Rose of Sharon is a balanced, self-satisfied, and all-knowing woman whose husband, Connie, is alarmed by the dramatic change in her behavior since the onset of pregnancy: although he once controlled her, he now feels weakened in his power because he has let her complacency control him. Pa and Uncle John, as â€Å"heads of the clan,† sit in the â€Å"honor seats† beside Al; however, Uncle John secretly wants Rose of Sharon to take his pla ce because he is uneasy inside and knows she is surer of herself. Uncle John’s power is one of dogma, while Rose of Sharon’s is self-asserted. The entire Joad family then holds a council meeting to discuss their plans for departure. Again, everyone has his or her ordained placement: the men squat in an inner circle, while the women stand around them.

Latin American Literature Essay

It should be noted that Latin American Literature of the 20th century demonstrates perfect connection between the generations: the Ancient and the Modern. The most noticeable literary figures use the rich history, mythology and spiritual bound between the generations in order to demonstrate strong connection of their nation with the events and people who lived in the Ancient times and differed a lot from the present day realities. Many authors want to reveal that the spirit of the Ancient tribes living on the territory of contemporary Latin America is the most valuable heritage of contemporary people, connecting them with the past. It goes without saying that literary creations of the outstanding authors, living in the Latin American region, reflect the intentions to show deep connection of the different nations with their Ancient past, celebrating the unity of Ancient and Modern traditions within the nations of independent Latin American Countries. It is essential that the question of the Ancient heritage in Latin America is among the quite acute. That is why it is not surprising that it has found reflection in the outstanding 20th century novels, which take a significant place in Latin American Literary Heritage. They are The Storyteller by Peruvian writer Mario Vargas Llosa, written in 1987 and Where the Air is Clear by outstanding Mexican writer Carlos Fuentes, released in far 1958. Despite the significant difference in genre and plot structure these novels are united under the one theme. They reveal the close connection of the modern Latin American society with the past. The core idea of this research is to reveal this connection between the ancient and the modern within the pages of these books. Where the Air is Clear by Carlos Fuentes and close connection of the Modern world to the Ancient heritage. Where the Air Is Clear is the first novel, written by Carlos Fuentes and from the very beginning the author raised quite burning questions and important themes. One novel’s heroes, Ixca Cienfuegos, plays quite a significant cultural role in the novel, which is written in the form of character sketches collection in the Mexico City. Ixca Cienfuegos is connecting all separate parts within the pages of a book. Masterful combination of different techniques let the author represent the dynamical development of Mexico after the revolution at the time period of nearly a decade, 1940s and 1950s. It should be noted that the key figures of the novel is Mexico City itself and the author reveals cultural peculiarities describing the life of the city. The author takes the reader into the fascinating trip around the streets of Mexico City, dealing with some pages of its history. The novel could not be regarded as the typical analysis of the city dwellers; the author masterfully notes all the drawbacks incisively describing Mexico City inhabitants. He shows Federico Robles, who is a banker; Norma Robles, a social climber; Ovando family, who was rich before the revolution, but lost everything after; Rodrigo Polo, Mexican writer, who suffered during the revolution as his father was executed, Amerindian Gladys, who sells her body and certainly Ixca Cienfuegos, who is real critic and observer of the whole system. Carlos Fuentes, as a representative of Magic realism, could not avoid showing the reader the question of solitude and identity of Mexico, its loss in the labyrinth, understanding that there in no other country in Latin America, which obsessively seeks for it personal identity, returning again to its history and moving ahead. The country feels itself lost between the motherland (with all its cultural traditions and peculiarities) and the adopted land. With the help of different literary elements such as disjointed writing style, flashback, the stream of consciousness, non-chronological recount of events and alternation of narration forms, the author masterfully performs the surreal atmosphere of the constant search, which is one f the main themes of the novel. To find the correlation between the present and the past is very difficult for the main heroes of the novel and each of them touches the question of identity. It should be noted that the most surreal element of the novel is Mexico City, which is depicted as one of the core figures of the novel; this makes Where the Air is Clear outstanding from the other novels dealing with the question of national identity. The book itself essentially represents the quest for national identity in Mexico in the post – revolutionary times. Placing Mexico City as a central Figure, Carlos Fuentes shift the role of all the human characters to the background due to the fact that their lives and past experience correlate with the primary intention of definition the culture and history of the country. The question if perfectly revealed through the confrontation of the present day reality with its past, and the reader understand that this conflict has been lasting for already many years. The following quote perfectly illustrates the confrontation: â€Å"But does such a thing as ‘original’ blood exist? No: every pure element grows and is consumed in its own purity, does not develop; the original is the impure, the mixed, the mulatto and the mestizo, as I am, as all of Mexico is. Which is to say, originality supposes a mixing, a creation, not a purity previous to our experience. Rather than born original, we come to be original; origin is creation. Mexico must find her origin by looking ahead, not behind† (Carlos Fuentes, 1958, p. 44). The present day reality of the country could hardly correlate to the past of the Aztec Empire, its beliefs, hopes and cultural peculiarities. But the author makes a stress not on the confrontation and conflict; he tries to reveal that the Mexican identity and cultural peculiarity is the mixture of two different, even opposite cultures. The European Tradition and the Indian tradition; the history of Mexico, unites people of different origins, race and thought and every hero of the novel proves that, as every character is a certain emblem of different Mexican aspects, and if we integrate the histories of the heroes, we could reveal that it is the actual Mexican identity, in the unique integration of many different cultures. The story that seemed to be a disconnected is a surrealist approach of the Author, who makes a stress on the division of Mexico and its unwillingness to perceive itself as interracial community. Such surrealist technique of writing let Carlos Fuentes to show the reader his personal and vividly portrayal vision of Mexico: a confronting country with unclear identity It goes without saying that sharp division between the social classes in the 1950-s Mexico adds a lot in the constant quest for the national identity. If we look back in the history of Mexico, the Aztecs were on the top of social ranking, under the time of Aztec empire everything was subjected to their will; the situation in Where the Air Is Clear is quite opposite the indigenous Indians are on the lowest place in the Mexican society (good illustration is prostitute Gladys). Another conflict is also observed. The new and the past governing classes also involved in the confrontation. The impoverished Ovando family is contrasted to Nora Robles, the contemporary representative of the upper Mexican Classes. One of the most powerful scenes is her meeting with Lorenza de Ovando, bitter aristocratic matriarch. Here we could observe allusion on the Modern Mexico and the Past one. The country, which rejects her Aztec past, its Gods, myths and cultural traditions The Storyteller Mario Vargas Llosa, and close connection of the Modern world to the Ancient heritage. Mario Vargas Llosa tells us a story of two college friends: the anonymous narrator (some critics consider that the author introduced himself) and his friend, Saul Zurantas, a Peruvian Jew. They both very interesting time at college, studying ethnography, they had a number of philosophical disputes. As it usually happens the friendship was erased after graduation. The narrator was intended to find a scholarship and continue his studies abroad and his friend was seen at college seldom and finally disappeared. It was told that he either immigrated to Israel or lost somewhere in the jungle in the east of Peru within the Machiguenga people. The narrator graduated and started his career as a member of the field theme from the Institute of linguistics and further he became television documentaries producer. During this time he did not stop attempts to contact his lost friend Saul, intended to learn more about the cultural peculiarities of Machiguenga tribes, but unfortunately he failed. Only in the very beginning appears a haunting image, which narrator had at a Florentine Art Gallery. He recognized Saul Zurantas as the Machiguengas tribal storyteller on the photographs. The book unites and compares the chapters told by the narrator and the ones telling the reader of the Peruvian Indian Mythology. It makes the reading rich on the contrast. One chapter describes the discussion between Saul Zurantas and the narrator what impact provided the missionaries alongside with the business interest from the west on the unique nature of the Machiguenga tribes and culture. This chapter is prolonged with the national folklore telling about the spirit world, the animals and elements. It would be hard to reveal whether it is the voice of Saul Zurantas or the Machiguenga storyteller tells about mystical connection between the nature and the people. These two viewpoints thought provoking dialogues contrasted to the national tales is revealing the importance of keeping the unique cultures that are under the threat of westernization and loss of their identity. Saul Zurantas, of Jewish origin understands this more than the local Peruvians, that is why he is the storyteller, the one who keeps the connection between the generations, collecting the story of the legendary past. The book is not an easy to read as it has deep philosophical background. It provided a number of burning questions such as the investigation of the other cultures by the anthropologists and how these people, living outside of the civilized world could fit to the major society. The whole question civilization is raised within the pages of the book, the question of the lost heritage, where social anthropologist Saul Zurantas took the place of the story teller, to preserve unique Machiguenga culture, which is located in the depth of the rainforests of the Amazon River. â€Å"Who is purer or happier because he’s renounced his destiny†Ã¢â‚¬  The storyteller asked when he walked in the jungle with the Machiguengatribes, who should constantly roam to keep their obligation to the gods and keep save the Earth and the Sky and the Stars. â€Å"Nobody,† the storyteller replied. â€Å"We’d best be what we are. The one who gives up fulfilling his own obligation so as to fulfill that of another will lose his soul† (Mario Vargas Llosa, 1987). It is deeply spiritual novel, which deals about strong connection between the people of different times. The author tells us that the old tales could not leave anyone indifferent, as they are the part of the history and the part of the culture. Conclusion In the end I would like to make a stress on the fact that both authors reveal strong importance of the past for the present day world. It is important to keep the connection between the generations, to preserve cultural identity and the past could not be neither changes nor forgotten, as national identity of the country strongly deals with the question of the cultural heritage of the previous cultures. The Ancient Maya Tribes and Ancient Aztec have left rich cultural heritage for the Mexicans and the Peruvians and present day people should care and protect this heritage, understanding that the role of the Ancient in our present day Modern is really significant. References Fuentes, Carlos. Where the Air Is Clear. Dalkey Archive Press: orig. 1958; 2004 Llosa, Mario Vargas. The Storyteller. Picador: orig. 1987; 2001 Taube. Karl. Aztec and Maya Myths. Austin: University of Texas,1993 Gerald, Martin. Journeys through the Labyrinth: Latin American Fiction of the Twentieth Century. Verso: 1989