Trurls Machine Essay Example for Free

Trurls Machine Essay â€Å"Trurl’s Machine† is the story an inventor who makes an eight-story thinking machine .The story is an attempt to portray the censorship of the people by a communist regime. Lem does this through the use of character, plot and symbolism. The characters in â€Å"Trurl’s Machine† have very different personalities. First, we meet Trurl, the constructor. He is a scientist and an inventor, but he has an artistic side. This he shows by giving the machine face. He has a quick temper and no patience for stupidity. He also is firm in his beliefs as he demonstrates at the end of the story when the machine is trying to get him to give in. â€Å"†Never!† roared Trurl, as if he no longer cared what happened, †¦ (Lem).† Klapaucius is Trurl’s friend and rival. He is also a constructor, but a much more light hearted one. He is always looking on the bright side and he never shies away from adventure. He also has a quick wit and is able to put a comical spin on most things. The machine is described by Klapaucius, â€Å"Not only is it sensitive, dense, and stubborn, but quick to take offense, and believe me, with such an abundance of qualities, there all sorts of things you might do (Lem)!† It, like Trurl, is quick to anger. Lem uses the plot of the story to get his message across. In the beginning, the machine declares that 2+2=7. When it meets resistance in the form of Trurl and Klapaucius, who mock it, the machine becomes angered and escapes its foundations in order to chase its tormentors. Here the tormentors become the oppressed. The machine goes on a rampage; it destroys the town that Klapaucius and Trurl hide in and continues to chase them up the mountain. In its anger, the machine causes too much collateral damage and ends up destroying itself. There is also much symbolism in this story. The machine is meant to symbolize the communist party. It tries to censor the opinions of Trurl and Klapaucius, mainly, that 2+2=4. Trurl and Klapaucius are the oppressed citizens suffering under the communist regime. They are persecuted for their beliefs. The landslide symbolizes the point at which a population can no longer stand their oppressors and must act. The oppressors go too far  and cause their own demise. â€Å"Trurl’s Machine successfully portrays the struggle of oppressed people against those who would censor their beliefs. Lem was able to use character, plot and symbolism to achieve this effect. The story shows that if the oppressed stand up to their oppressors, there is a great chance that they will prevail.

Genetic Manipulation :: Science Scientific Papers

Genetic Manipulation In David Brins science fiction novel called The Uplift War, the reader is presented with a world in which humans have not only become a space faring species and made contact with extraterrestrials, but also made an astounding achievement on their own world; they have made dolphins and chimpanzees into thinking, sentient creatures through a process called uplift. Uplift is a process of elevating animal species to full sapience through methods of breeding and genetic engineering. The uplifted species, known as clients, then serve their patrons, the species who uplifted them, until the patrons release them from indenture. Naturally, this causes many problems. Client species are often looked upon as inferior; this is partly due to strict regulation of activities such as breeding. Although uplift is still just Brins invention, we are rapidly gaining the techniques and knowledge to make uplift a reality. This is why we must carefully examine the ethics of genetic manipulation. First, the m ethods of genetic manipulation must be discussed. In Brins novel, a combination of selective mutation, breeding programs, and education were used to evolve the natural form into a conscious being. These methods, while hardly gentle, were not drastic and took place over hundreds of years, gradually eliminating the unwanted traits and encouraging admirable characteristics (Yep). Today, there are several methods of genetic manipulation, most of which involve various methods of inserting foreign DNA into an animal. They all share the same goal: to integrate and stabilize a desired DNA strand into the genome of an organism (Macer). The most widely used are retroviral infection, pronuclear microinjection, and nuclear transfer. Retroviral infection uses a virus, which contains the desired gene that will be incorporated into the organisms genome, to infect groups of embryos in culture in both prenatal and postnatal life. This method takes a lot of time and effort because the construction of the virus is quite complicated. Another effect of infection is that the information of the viruses may not always be incorporated into all the cultured cells, requiring out breeding of selected organisms to isolate those with the desired gene (Macer). Pronuclear microinjection is another method of genetic manipulation. Linear DNA fragments containing the desired gene are injected into the nucleus of a fertilized egg, where they will be incorporated at random locations. The desired gene will eventually be expressed in a percentage of resulting organisms. While relatively simple, there is still control over the expression rate of the genes or the disruption of genes vital to the organisms survival (Macer).

Reflection: Education and Reflective Practice Essay

The aim of this assignment is to give a reflective account on group presentation and the peer assessment process as well as the development of a personal action plan. It would involve using ‘The What? Model of Structured Reflection’ (Driscoll 2007) to analyse the experience of using a group designed assessment tool to assess my peers and the experience of being peer assessed. Additionally, experience of completing a group presentation would be reflected upon. A personal action plan which identifies areas for personal development and the designed assessment tool is attached as appendix 1 and 2 respectively. Reflection entails reviewing experience from practice so that it may be described, analysed, evaluated and consequently used to inform and change future practice in a positive way (Bulman and Schutz 2013, p6). Reflection could be (Oelofsen 2012, p4) in real time (reflection in action) or retrospectively (reflection on action). Several authors (Jay and Johnson 2002; Taylor 2006) have suggested the use of frameworks to guide students undertaking reflective writing. However, John (cited in Bulman and Schutz, 2013, p118) cautions that reflective frameworks are guides rather than a rigid prescriptive format. Jasper (2006) also warns that frameworks come with the author’s perspective and values base and leads reflectors in a specific direction. It is therefore imperative to be critical of the model of choice and adjust the framework to suit ones purposes so that it can be used effectively. Numerous frameworks for facilitating reflection are utilised in nursing (Doel and Shardlow 2009, p42) such as Gibb’s Reflective Cycle (1988) and John’s Model of Structured Reflection (1995). Following critical analysis, ‘The What? Model of Structured Reflection (Driscoll 2007) consisting of three simple questions; What?, So what? and Now what?, each with sub questions was chosen. The rationale for this choice is that this framework is comparatively simple (Howatson-Jones 2010), effective and very apt for novice practitioners but can equally be used at different levels (Jasper 2003, p99). Moreover, it can be used logically with any type of situation by using the cue questions which gives a deeper and meaningful reflective process hereby leading to the formulation of an action plan for the future. Furthermore, as opposed to Gibbs and John’s framework, it enables reflective activity to lead to action being taken rather than being proposed or tentative. The purpose of returning to this situation is to learn from the experience of using a devised assessment tool to assess my peers. Haven being divided into a group of four students based on our learning styles, each group was expected to design an assessment tool and carry out a presentation which is to be peer assessed. The group presentation involved presenting on one of the 3 future roles of a nurse: educator, manager or professional. Devising our assessment tool was very challenging as each member of the group brainstormed, shared views, and prioritised. Communication was done via emails, phone calls and meetings as agreed by all members. Effective team working was evident among all members. The assessment tool was amended based on feedback received from the lecturer. On the presentation day, majority of the students including myself were anxious as there was a misunderstanding of the date of presentation so were not prepared. Although, this affected the quality of our presentation as it was prepared under 20 minutes. However, students’ still proved that they could be innovative even under duress. The peer assessment process involved an individual assessment of each group’s presentation using our assessment tool and calculating the average to give the final grade. During this process, I realized how difficult it was assessing others and being assessed without being biased. It was particularly difficult to measure the criteria as our assessment tool was not explicit making it impossible to justify the marks awarded. It had too many separate components with inappropriate weighting which made it arduous and complicated in the averaging task. Although, the assessment tool appeared simple as it involved ticking boxes. However, it was diff icult to decide which boxes to tick because students demonstrated majority of the criteria but at different levels and this led to being over marked. It would have been more realistic to award marks to each criterion rather than ticking boxes. Hargreaves (2007) as well as Quinn and Hughes (2007, p270) propose that assessment tool should be both valid (assess what it claims to assess) and reliable (perform in a consistent and stable manner). It is of the opinion now following the assessment that our assessment tool cannot be considered valid and reliable for the following reasons. Learning outcome was not part of the criteria so it was impossible to make a judgement about the quality of the students’ presentation and thus could not be penalized. Hinchliff (1999) suggests that learning outcomes should be Specific, Measurable, Achievable, Realistic and Timed (SMART). It should include an indication of the evidence required to demonstrate that learning has been achieved (Dix and Hughes, 2004), but Welsh and Swann (2002) caution that too many may create unreasonable expectations. Moreover, the ambiguity of the tool and individuals’ subjectivity in terms of attitudes, beliefs and values (the ‘halo’ eff ect) resulted in perceived bias which affected the reliability. Bias however, remains an issue to overcome and as such I felt the feedback received from my peers would not be accurate. Although the peer assessment process made us engage fully in the presentation and learn from the strengths and weaknesses of our peers, there is a need to develop the necessary skills and judgements to effectively manage peer assessments and this involves knowledge and experience (Oelofsen 2012, Somerville and Keeling, 2004). Furthermore, there is a need to be fully prepared and equipped, develop criteria that match the identified learning outcome, consider the issue of fairness particularly with disabled students and clearly communicate assessment criteria . The above reasons can be considered as areas for future development, an in depth analysis of this can be seen in the attached action plan (appendix 1). This process of reflection on action has proved successful as it brought about learning. Even though critics like Rolfe (2003) and Markham (2002) criticised reflective practice for lack of definition and unproven benefit. Taylor (2010) however argues that it is nevertheless worth the effort to bring about deeper insights and changes in practice and education. In conclusion, this essay has demonstrated an understanding of the peer assessment process by assessing the worth of our assessment tool on other students and the experience of being assessed by peers. Using a framework of choice, my experience was analysed and areas for further development identified and attached as appendix 1. Overall, this reflection has brought about deeper insights which identified strengths and weaknesses that would consequently enhance my professional development and result in changes in the future should the situation arise again.

The Importance Of Gender Stereotypes - 1208 Words

Gender stereotypes have been around for hundreds of years, and sometimes it seems like nothing is changing with them. To some, it may feel like instead of improving, they are just worsening. Gender stereotypes, even today, continue to encase both males and females in a false sense of ‘direction’ on how they should look, act, or feel. When girls are raised in households where the father does the same, or more, amount of chores, the National Post writes, they frequently migrate to better careers, such as jobs thought as ‘male-only’. Similar things happen if the mother brings in the income, yet another action defying these gender stereotypes (Nuwer). As children grow up, they begin to believe that men are smarter than women, even at the†¦show more content†¦This has resulted in people not doing what they want to do for fear of being shunned or looked down upon (Pocock). Even though women make up half the employees in large companies, they are not shown the proper credit when working in higher paying jobs such as college teacher, law, and medicine (NoBullying - Bullying CyberBullying Resources). Contrary to popular belief, there is no proven thing as ‘a female’ or ‘male’ brain (Blakemore). Females and males almost only have physical differences, and, while no two people are the same, it is perfectly acceptable for a man to have a more similar mind with a woman than with another man. Though many think that there are differences in the male and female brain, and some have studied it, no one has given reliable proof that there are different brains (Blakemore). Though people are not saying that it is wrong to protect these girls or encourage the boys to be adventurous, but these messages can become ‘straitjackets’ that will prevent them from doing what they want to, for fear of being not accepted (Panko). After a while, these young girls will start to believe that they cannot make decisions for themselves, and that they should rely on others to do stuff for them (Panko). Because of these beliefs, by the low age of ten, girls already are under the impression that what they are meant to do is be quiet and sit pretty (Panko). Britain’s advertising director has made a new ‘decree’ thatShow MoreRelatedThe Importance Of Gender Stereotypes1385 Words   |  6 PagesGender stereotypes are simplifications about the acts of adjectives. Gender roles are usually neither positive or negative. They are generally mistaken generalizations of the male and female aspects. Since each human being has contrasting ambitions, opinions, and spirits, disregarding their gender, these stereotypes are strangely condensed and do not all characterize the properties of every person of both genders. Most people recognize that stereotypes are not true, but a lot still make expectationsRead MoreGender Stereotypes1352 Words   |  6 Pagesname of Tyler. I am a walking victim of Gender Stereotyping. For as long as I can remember I have been stereotyped by my name and always have heard â€Å"Tyler is a boy name†, â€Å"I thought you were a boy when I heard your name† growing up my name was always questio ned and people always would ask me the question of â€Å"why did your mom name you Tyler?† After 20 years of life, I am still faced with the question of â€Å"isn’t Tyler a boy name?† I am a walking Gender Stereotype. I have often come to even ask myselfRead MoreNegative Effect Of Gender Stereotype1503 Words   |  7 Pagesthe real world. The overall purpose of this study is to examine or proof the negative effects of gender stereotype in girls. The purpose has the potential to elaborate suggestions for future research. This study aim to assess children from 5 to 6 in novel and try hard games in order to demonstrates that girls’ intellectual abilities and interests in smart fields are affected by stereotype genders by the age of six. Additionally, it clearly states the variables and it addresses real world problemsRead MoreSocial Learning Theory On Behavior Essay918 Words   |  4 Pagesthat was developed to understand the importance of observation s and direct instructions that influence gender identity. Professor Susan Golombok at the University of Cambridge and psychology professor Robyn Fivush at Emory College of Art and Science defined Social Learning Theory as a way to study behaviors through differential reinforcement and modeling (Golombok and Fivush, 76). For decades, children were taught to follow specific standards when it comes to gender identity. Girls were encouraged toRead MoreGender Equality And Women s Rights1274 Words   |  6 Pages Women in the world still face discrimination and gender equality takes action to achieve women’s rights. AAUW provides and gives women the chance to have an education, while Catalyst reaches out to women to carry out equal pay, equal participation in the workplace, and remove discrimination. UN Women attains to human rights for women. Throughout history women have fought for gender equality in the workplace and in education, and every year organizations like AAUW, Cata lyst, and UN Women haveRead MoreUnderstanding The Cognitive Processes Of Organizational Psychology950 Words   |  4 Pagesorganizational psychology light on the causes of events based on stereotypes. Fri and the leadership of the research focuses on a variety of business environments, students and administrators. the general manager of the matter, I think it s a good model is sometimes described as a thought that is incompatible with the behavior of male and female leader refers to the idea. For example, the pronunciation of certain parameters in order to promote stereotypes. Time is expected that the management style, bad, indifferentRead MoreGender Stereotypes Should Not Be Taught Essay1525 Words   |  7 Pageschildren. That is, using gender stereotypes whether through teaching or through playing with them. Not only parents do so, but teachers and certain television channels as well. Based on A Dictionary of Sociology, gender stereotypes are â€Å"one-sided and exaggerated im ages of men and women which are deployed repeatedly in everyday life† (Scott Marshall, 2009). Although educating children about gender roles and their differences is important for them to distinguish between the two genders, and know how to treatRead MoreGender Roles In Modern Society728 Words   |  3 PagesGender is an integral part of social practices of human interaction. It influences on all aspects of a persons life such as self-assertion and self-development, family, work, school, etc. Through the gender lens a person perceives any kind of information and passes it to the surrounding world by using a gender display. The process of gender socialization and the content of gender stereotypes has great importance not only for the life of an individual, but also for the progressive development ofRead MoreGender Roles : Gender Role Play Essay1226 Words   |  5 PagesGender role play is the concept of young children partaking in a form of play that already sets them within a specific gender role, for example, a girl pretending to be a mother or a girl partaking in a â€Å"pink-collar† job such as nursing, teaching etc. This form of play can be seen within make-believe play. Though this topic can be tricky to study, due to the fact children in general can be tricky to observe, it is incredibly relevant due to the fact play in general has a huge effect on childrenRead MoreMedia s Effect On Gender Equality Essay1677 Words   |  7 Pagesnation make strides towards gender equality, however, if they fail, which is often the case, any advancements that we as a society have made can be negated leaving us with only a skewed view of gender roles and relations. Advertisements often inadvertently foster gender inequality by mainstreaming gender stereotypes that, although often false, are now widely accepted as truth. Females, like myself, are particularly vulnerable to the negative effects of these gender stereotypes. These ads teach women from

Carriage of Goods by Sea - Free Essay Example

Sample details Pages: 9 Words: 2806 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Part A: Butcher Ltd KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the Maritime Law Committee of the International Law Association held in the Hague in 1921 as revised by the Brussels Protocol of 1968, known collectively as the à ¢Ã¢â€š ¬Ã¢â€ž ¢Hague/Visby Rulesà ¢Ã¢â€š ¬Ã¢â€ž ¢. It is agreed here that the bill of lading is subject to English law which passed legislation (the Carriage of Goods by Sea Act 1971) to implement these rules. Don’t waste time! Our writers will create an original "Carriage of Goods by Sea" essay for you Create order It is also necessary to have regard to the Carriage of Goods by Sea Act 1992 which governs all contracts of carriage entered into after 16 September 1992. The object of the Hague/Visby Rules is to establish the minimum obligations of the carrier and to define the maximum immunities to which he is entitled and the extent to which he is able to limit his liability. Article III, rule 2 provides: à ¢Ã¢â€š ¬Ã…“Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods deliveredà ¢Ã¢â€š ¬Ã‚ . So far as the cobras in Container A are concerned, these are expressly excluded by Art.1(c): à ¢Ã¢â€š ¬Ã…“Goodsà ¢Ã¢â€š ¬Ã‚  includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carriedà ¢Ã¢â€š ¬Ã‚ . In any event, Art.IV, rule 2 provides the à ¢Ã¢â€š ¬Ã…“ca talogue of exceptionsà ¢Ã¢â€š ¬Ã‚  which are available to the carrier under the Rules. These include: à ¢Ã¢â€š ¬Ã…“Neither the carrier or the ship shall be responsible for loss or damage arising or resulting from a) Act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship.à ¢Ã¢â€š ¬Ã‚  While there is little difficulty in interpreting à ¢Ã¢â€š ¬Ã…“faults in navigationà ¢Ã¢â€š ¬Ã‚ , the concept of à ¢Ã¢â€š ¬Ã…“management of the shipà ¢Ã¢â€š ¬Ã‚  is more problematic. The uncertainty arises because of the distinction between the duty to take care of the ship and a duty toward the safety of the cargo which in reality can frequently overlap. The applicable test was propounded by Greer LJ[1]: If the cause of the damage is solely, or even primarily, a neglect to take reasonable care of the cargo, the ship is liable, but if the cause of the damage is a neglect to take reasonable care of the ship, or some part of it, as distinct from the cargo, the ship is relieved from liability; for if the negligence is not negligence towards the ship, but only negligent failure to use the apparatus of the ship for the protection of the cargo, the ship is not so relieved.à ¢Ã¢â€š ¬Ã‚  Thus, in Gosse Millerd, a cargo of tinplate was damaged by a failure to secure tarpaulins. The House of Lords held that since the purpose of the tarpaulins was to protect the cargo, the conduct in question related to a failure to protect the cargo rather than the management of the ship. In the case of container A, the failure was due to the failure of the crew to secure one of the side doors of the ship. This might be said to relate to a failure to protect the ship. Conversely, contained C was undamaged so it might be argued that the default was specific to the cargo in Container A and did not impinge upon the safety of the ship. It might be expected, therefore, that the ship owners will arg ue the à ¢Ã¢â€š ¬Ã…“safety of the shipà ¢Ã¢â€š ¬Ã‚  exception in addition to the exclusion of animals clause and the general exclusion contained in clause 3 of the bill of lading. So far as Container B is concerned, this appears to fall within the exception to the Rules described above. Two requirements must be satisfied if the carrier is to escape liability: the cargo must actually be stowed on deck and this fact must be apparent to the innocent transferee from a scrutiny of the bill of lading. In Svenska Traktor v Maritime Agencies[2], a consignment of tractors had been shipped under a bill of lading which conferred a liberty upon the carrier to stow the cargo on deck One of the tractors was washed overboard during the voyage. Pilcher J (at p.300) held: à ¢Ã¢â€š ¬Ã…“A mere general liberty to carry goods on deck is not, in my view, a statement in the contract of carriage that the goods are in fact being carried on deck.à ¢Ã¢â€š ¬Ã‚  As is apparent from Encyclopae dia Britannica v Hong Kong Producer[3], even a liberty to do so unless the shipper lodges an objection will not suffice. Accordingly, the qualification (applicable in the event to Contained B) à ¢Ã¢â€š ¬Ã…“if sufficient space is not available below deckà ¢Ã¢â€š ¬Ã‚  will be unlikely to save the ship from an action in this regard by Butcher Ltd since the bill of lading does not make it sufficiently clear that the cargo will be carried on deck. In this instance, it is unlikely that the carrier will be able to rely upon the exception to the Rules discussed above since the loss of Container B from the deck would appear to be reasonably foreseeable and not related to the management of the ship as opposed to care for the safety of the cargo. It is perhaps fortunate for Butcher Ltd that the carrier will incur primary liability in respect of Container B since their policy of insurance with Max Insurance Corporation is likely to be held to be seriously defective in respect of Contain er B. In Rozanes v Bowen[4], it was held: à ¢Ã¢â€š ¬Ã…“It has been for centuries in England that the law in connection with insurance of all sorts, marine fire, life, guarantee and every kind of policy, that, as the underwriter knows nothing and the man who comes to him to ask him to insure knows everything, it is the duty of the assuredà ¢Ã¢â€š ¬Ã‚ ¦to make full disclosure to the underwriters, without being asked, of all the material circumstances.à ¢Ã¢â€š ¬Ã‚  This principle was applied in Hood v West End Motor Car Packing Co[5] in which a policy of insurance was avoided on the basis that the assured had failed to declare that the cargo may be carried on deck thus increasing the risk. The subject of deviation is treated strictly by the Rules. Article IV, rule 4 limits permissible deviation to à ¢Ã¢â€š ¬Ã…“any deviation in attempting to save life or property at sea or any reasonable deviationà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ . It is said[6] that à ¢Ã¢â€š ¬Ã…“the co urts in the United Kingdom have given an extremely restricted interpretation to the term à ¢Ã¢â€š ¬Ã‹Å"reasonable deviationà ¢Ã¢â€š ¬Ã¢â€ž ¢ with the result that there are few reported cases in which the concept has been successfully invokedà ¢Ã¢â€š ¬Ã‚ . However, in this instance, the bill of lading contains an express clause allowing deviation in à ¢Ã¢â€š ¬Ã‹Å"special circumstancesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Since clauses of this type are principally inserted for the benefit of the shipowner, they will be interpreted strictly and contra preferentem. In Glynn v Margetson[7], a cargo of oranges was loaded in Malaga for shipment to Liverpool. The bill of lading gave the vessel express permission to à ¢Ã¢â€š ¬Ã…“proceed to and stay at any port or ports in any rotationà ¢Ã¢â€š ¬Ã‚ . Despite the breathtaking breadth of this provision to which the shippers had agreed, it was held not to protect the shipowner when the vessel called at ports not on the geographical route to Liverpool whe n the oranges consequently arrived in a damaged state. In this instance, it may be argued that the inclusion of a reference to à ¢Ã¢â€š ¬Ã…“special circumstancesà ¢Ã¢â€š ¬Ã‚  means that this liberty should be construed more strictly and Master Gabettaà ¢Ã¢â€š ¬Ã¢â€ž ¢s deviation to Valletta does not fall within the definition of such circumstances and the purported protection should be struck down in any event in accordance with the principle propounded in Glynn. Traditionally, such an unjustifiable deviation was regarded as a fundamental breach of the contract of affreightment. Doubt was cast upon this as a result of the decisions in Suisse Atlantique[8] and Photo Production v Securicor[9] but the best guidance is probably to be obtained from the Court of Appeal judgments in The Antares[10] in which Lloyd LJ expressed the view that à ¢Ã¢â€š ¬Ã…“the deviation cases should now be assimilated into the ordinary law of contractà ¢Ã¢â€š ¬Ã‚ . Wilson[11] opines: à ¢Ã¢â€š ¬Ã …“Such an approach would require the courts to take into consideration the entire terms of the contract, including both exceptions and liberty clauses, with a view to discovering whether, on their true construction, the parties intended them to apply to the new situation, I.e. the substituted voyage.à ¢Ã¢â€š ¬Ã‚  On such a construction, it appears highly unlikely that the personal imperatives of Master Gabetta would absolve the ship owners from liability in respect of the damage to the watermelons. However, it should be borne in mind that such damage could be argued not to have been caused by the diversion to Valletta but rather by the ensuing delay of some three weeks that was enforced by the port workers strike. Butcher Ltd may be argued to be at the mercy of the strike but the reasons for it will have to be scrutinised. In The New Horizon[12], Lord Denning MR stated: à ¢Ã¢â€š ¬Ã…“I think a strike is a concerted stoppage of work by men done with a view to improving their wages or conditions, or giving vent to a grievance, or making a protest about something or other, or supporting or sympathising with other workmen in such an endeavour. It is distinct from a stoppage which is brought about by an external event such as a bombscare or an apprehension of danger [emphasis supplied].à ¢Ã¢â€š ¬Ã‚  However, unless the strike can be blamed upon such an external factor, it is probable that the shipowner will be protected by the exception supplied by Art.IV, rule 2(j) of the Rules which expressly provides for à ¢Ã¢â€š ¬Ã…“strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or generalà ¢Ã¢â€š ¬Ã‚ . So far as KRY Ltd is concerned, the bill of lading will act as a document of title to the goods in Container C. This is now expressly provided for by the Carriage of Goods by Sea Act 1992 which provides that title to sue is vested in the lawful holder of the bill of lading with à ¢Ã¢â€š ¬Ã…“lawful holder à ¢Ã¢â€š ¬Ã‚  being defined, inter alia, as an indorsee of the bill. The ability of KRY Ltd to sue in tort is subject to the qualification provided in Margarine Union v Cambay Prince[13] in which a cargo of copra was seriously damaged as a result of the negligence of the ship owner. The plaintiff was the holder of a delivery order for part of the cargo issued by the seller under a c.i.f. contract. As the plaintiff did not become owner of the goods until they were ascertained on discharge, it was held that an action in negligence could not lie. This betrays an underlying public policy consideration, namely, the reluctance of the courts to allow recovery for pure economic loss and the undesirability of allowing an indorsee to sue in negligence, unconstrained by the terms of the contract of carriage. This principle, therefore, may well prevent KRY Ltd from pursuing an action in negligence alone and they will therefore be limited by the principles applicable to Container C discussed a bove. Part B: Amount of Cargo At common law the bill of lading in the hands of the shipper is prima facie evidence of the quantity or weight of goods shipped. Accordingly, if the Master is unable to check the quantity, he is at risk of exposing the carriers to liability in the event that the discharged cargo fails to amount to the quantity recorded. The burden upon the carrier is a heavy one since it will then require him to prove that the goods were not in fact shipped. The balance of probabilities test does not apply in this situation and therefore it will not be possible to argue that it is more likely than not (as would appear common sense) that the goods delivered equate to the goods loaded. In Smith v Bedouin Steam Navigation Co[14] 988 bales of jute were delivered under a bill of lading which stated that 1000 bales had been shipped. Lord Shand stated that: à ¢Ã¢â€š ¬Ã…“The evidence must be sufficient to lead to the inference not merely that the goods may possibly not have been shipped, but that in point of fact they were not shipped.à ¢Ã¢â€š ¬Ã‚  In Grant v Norway[15], the position was more extreme still: the Master had signed a bill acknowledging that 12 bales of silk had been shipped where in fact none had been taken on board. It was held that the indorsees of the bill were not entitled to recover when it was in fact established that no bales had been shipped. Jervis CJ stated: à ¢Ã¢â€š ¬Ã…“It is not contended that the captain had any real authority to sign bills of lading unless the goods had been shipped; nor can we discover any ground on which a party taking a bill of lading by indorsement would be justified in assuming that he had authority to sign such bills, whether the goods were on board or not.à ¢Ã¢â€š ¬Ã‚  This created an anomaly in that it rendered meaningless the signature of the Master upon a bill of lading where it was subsequently possible to prove that his acknowledgement of quantity had been incorrect. The Hague/Visby Rules (Art.III, rule 4) remove this protection from the Master in this situation by providing that statements as to quantity in a bill of lading are conclusive evidence in favour of a consignee or indorsee who takes the bill in good faith. This is reinforced by s.4 of the Carriage of Goods by Sea Act 1992 which provides that representations in a bill of lading are conclusive evidence against the carrier in favour of the lawful holder of a bill. However, the Master here has the advantage of being able to contract out of the representation of quantity in the bill. In New Chinese Antimony Co Ltd v Ocean Steamship Co[16], a bill of lading expressly stated that 937 tons of antimony oxide had been shipped. However, the bill contained a standard clause to the effect that à ¢Ã¢â€š ¬Ã…“weight, measurement, contents and value (except for the purpose of estimating freight) [are] unknownà ¢Ã¢â€š ¬Ã‚ . This was a powerful decision in favour of carriers since the Court of Appeal held that this pre-printed clause even had the effect of displacing the express statement as to quantity and that such a statement in such circumstances was evidence only of the amount which the shipper maintained to be comprised in the cargo. It is recommended therefore that the Master in this situation protect the position of his owners by an indorsement on the bill in such terms as à ¢Ã¢â€š ¬Ã…“shipperà ¢Ã¢â€š ¬Ã¢â€ž ¢s countà ¢Ã¢â€š ¬Ã‚ , à ¢Ã¢â€š ¬Ã…“said to beà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  or even a flatly contradictory à ¢Ã¢â€š ¬Ã…“weight and quantity unknown. He should be aware, however, that under the Hague/Visby Rules, (Art.III, rule 2) the shipper is able to demand that the carrier issue a bill of lading showing à ¢Ã¢â€š ¬Ã…“either the number of packages or pieces, or the quantity or weight as the case may be, as furnished in writing by the shipperà ¢Ã¢â€š ¬Ã‚ . The carrier is under no obligation to issue a bill acknowledging the quantity of cargo unle ss required to do so by the shipper. Failure to observe this procedure will of course generally operate to the prejudice of the ultimate consignee. However, it also provides valuable protection to a Master in a situation such as this. This Master should therefore exercise care since the basic position under the Rules is the same as that at common law in terms of the prima facie evidentiary value of the bill of lading so far as determining quantity is concerned with the important qualification that the Rules also provide protection in this regard to a third party to whom the bill has been transferred acting in good faith. The very fact of acting in good faith would give rise to an estoppel preventing the carrier denying the quantity of the bill of lading (no consideration is required) and the Master should have regard to this potential consequence in addition to any duty immediately apparent. Bibliography Dockray, M., Cases and Materials on the Carriage of Goods by Sea, (3rd Ed ., 2004) Treitel, G., The Law of Contract, (11th Ed., 2003) Wilson, J., Carriage of Goods by Sea, (5th Ed., 2004) Westlaw International Convention for the Unification of Rules of Law Relating to Bills of Lading, Brussels, August 25, 1924 (à ¢Ã¢â€š ¬Ã…“The Hague Rulesà ¢Ã¢â€š ¬Ã‚ ) Footnotes [1] Gosse Millerd v Canadian Government Merchant Marine, dissenting judgment upheld by the House of Lords at [1929] AC 223 [2] [1953] 2 QB 295 [3] [1969] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 536 [4] (1928) 32 LlLR 98 at 102 [5] [1917] 2 KB 38 [6] Wilson, J., Carriage of Goods by Sea, (5th Ed., 2004), p.19 [7] [1893] AC 351 [8] [1967] 1 AC 361 [9] [1980] AC 827 [10] [1987] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 424 [11] Op. Cit., p.22 [12] [1975] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 314 at p.317 [13] [1969] 1 KB 219 [14] [1896] AC 70 [15] (1851) 10 CB 665 [16] [1917] 2 KB 664

Analysis of Brand Performances, Introduction of the New Product in a M Assignment

Essays on Analysis of Brand Performances, Introduction of the New Product in a Market Assignment The paper â€Å"Analysis of Brand Performances, Introduction of the New Product in a Market† is a  potent version of the assignment on marketing. In a normal business operation field, promotion always has an impact on sales volumes of products. Products sold under high promotion strategies especially in a competitive market show higher volumes than those left to operate freely in the market. This has been the reason under price wars in the most competitive market and the result is that the lower price-setters take the market advantage above their competitors’. From this perspective, Mr. Bossy's statement could be right.The data in the Appendix can be used to evaluate the Executive managers’ decision. To achieve this consideration will be put on the price against market share coverage. The expected outcome as per the executive managers’ comment is that those products having a wider market share are supposed to show averagely low prices as a promotional st rategy. Taking for example of Kellogg’s, it’s showed sales reduction as across the period as compared with the price before promotion. The worst of this could be seen in the April market where after price promotion the sales reduced from 12.998 to 5.125 (third market region 1). Across the regions, the sales of Kellogg’s are seen to substantially drop instead of increasing as expected from Mr. Boss’s view. Also in the region, one market Brekky shows fluctuation in sales despite the price promotion which was expected to show some increase in sales. Taking an example of January to April market in the first region, it could be seen that Private labels, Lowan and Uncle Tobys were the least in the market share at 8 percent before promotion. After promotion, Uncle Toby's market share was 17 percent, Lowan market share remained at 8% while private level moved to 17%. Carman, which was at a 10% share in the market showed a leap to 17% promotion, while Sanitarium m oved from 11 to 14% in the market share. Kellogg’s and Nestle which shared the markets at 20 and 1t percent in the market a 14% and 17% result after promotion.Using the above study, the expectation was to have a general scaled sales increase across the products tentatively. However, this is not the case in this where there is a fluctuation in the trends with major shareholders going down after price promotions have been undertaken.However, going by the principle of data reduction, this is not seen to be the case. From appendix 1, the reduction of production volumes to as well as combining them to achieve large volumes that will be cost-effective seems to produce almost equal results. Averagely, the volumes, as well as average prices, remain constant. From the study, it can hence be deduced that the executive officers' view on the influence of price promotion of the market share is inaccurate.For Brekky, the most profitable region is in region three. The rest of the regions Be kky operates seem smaller share in the market. Attempts through price promotion to reach maximum share in the market as well as seen the sales drastically reduces such as in region 2 an 1. Brekky maximum sales are hence experienced in the third region.

In mathematics, Pi is the symbol denoting the rati Essay Example For Students

In mathematics, Pi is the symbol denoting the rati Essay PiIn mathematics, Pi is the symboldenoting the ratio of the circumference of a circle to its diameter. The ratio is approximately 3.14159265, pi being an irrational number (one that cannot be expressed as a simple fraction or as a decimal with a finite number of decimal places) and a transcendental number (one without continuously recurrent digits). Electronic computers in the late 20th century have carried pi to more than 100,000,000 decimal places. Using a computer program, I calculated pi into 1000 decimals:3.14159265 358979323846 2643383279 5028841971 6939937510 5820974944 5923078164 0628620899 8628034825 3421170679 8214808651 3282306647 0938446095 5058223172 5359408128 4811174502 8410270193 8521105559 6446229489 5493038196 4428810975 6659334461 2847564823 3786783165 2712019091 4564856692 3460348610 4543266482 1339360726 0249141273 7245870066 0631558817 4881520920 9628292540 9171536436 7892590360 0113305305 4882046652 1384146951 9415116094 3305727036 5759591953 0921861173 8193261179 3105118548 0744623799 6274956735 1885752724 8912279381 8301194912 9833673362 4406566430 8602139494 6395224737 1907021798 6094370277 0539217176 2931767523 8467481846 7669405132 0005681271 4526356082 7785771342 7577896091 7363717872 1468440901 2249534301 4654958537 1050792279 6892589235 4201995611 2129021960 8640344181 5981362977 4771309960 5187072113 4999999837 2978049951 0597317328 1609631859 5024459455 3469083026 4252230825 3344685035 2619311881 7101000313 7838752886 5875332083 8142061717 7669147303 5982534904 2875546873 1159562863 8823537875 9375195778 1857780532 1712268066 1300192787 6611195909 2164201989. Pi occurs in various mathematical calculations. The circumference (c) of a circle can be determined by multiplying the diameter (d) by : c = d. The area (A) of a circle is determined by the square of the radius (r): A = r2. Pi is applied to mathematical problems involving the lengths of arcs or other curves, the areas of ellipses, sectors, and other curved surfaces, and the volumes of solids. It is also used in various formulas of physics and engineering to describe such periodic phenomena as the motion of pendulums, the vibration of strings, and alternating electric currents. In very ancient times, 3 was used as the approximate value of pi, and not until Archimedes (3rd century BC) does there seem to have been a scientific effort to compute it; he reached a figure equivalent to about 3.14. A figure equivalent to 3.1416 dates from before AD 200. By the early 6th century Chinese and Indian mathematicians had independently confirmed or improved the number of decimal places. By the end of the 17th century in Europe, new methods of mathematical analysis provided various ways of calculating pi. Early in the 20th century the Indian mathematical genius Srinivasa Ramanujan developed ways of calculating pi that were so efficient that they have been incorporated into computer algorithms, permitting expressions of pi in millions of digits. On the next couple of pages, I will outline problems and formulas to solve Pi. There are 4 ways to calculate the value of Pi:1.) Arctangent Formulas for Pi This is one of the oldest methods to calculate PI, it uses the power series expansion of arctan (x). This method gets you about 1.4 correct decimals for every term of the series you calculate. 2.) Gauss-Legendre This method doubles the number of correct decimals per iteration. 3.) Ramanujan I This method comes from the theory of complex multiplication of elliptic curves, and was discovered by S. Ramanujan. It is a linear formula, so it will get you 14 correct decimals for every term you calculate. 4.) Ramanujan II This formula is also based on the work of the eccentric Indian mathematician Srinivasa Ramanujan. It is a quadratic iteration based on an elliptic function called the Singular Value Function of the Second Kind. It converges exponentially to 1/PI as its argument increases. Each iteration of this formula gives approximately four times the number of decimal places as the previous one. Words/ Pages : 588 / 24