Stem Cell Research Paper Example | Topics and Well Written Essays - 1250 words - 1

Stem Cell - Research Paper Example The paper tells that cells with the ability to divide constantly as well as distinguish and extend into numerous cells and tissues of various kinds are known as stem cells. They are ‘blank’ cells as they do not display any precise physiological predisposition. With the onset of appropriate conditions, in vitro or in vivo, stem cells develop into focused tissues and organs as they are self-sufficient and replicate by the process of cell division, indicating that stem cells are biological entities prevalent in multicellular organisms. As stem cells possess distinctive eminence and research embraces an immense assurance for the management and cure of critical and unbearable ailments like Alzheimer's disease, Parkinson's disease, cancer, diabetes and neurological as well as metabolic disorders, diseases related to hear, stroke, bone condition, osteoarthritis, rheumatoid arthritis, as well as conditions like multiple sclerosis. Stem cells could also be grown to become new tis sue for use in transplant medicine. Research is being carried out across the world to decipher the underlying genetic and biochemical facts triggering stem cell delineation to new cells capable of repairing distorted tissues and organs. Stem cells pave the way towards understanding of various diseases and syndromes. Stem cells are promising resources to test the drugs and agents. Stem cells are pluripotent, i.e. capable of replicating into similar kind of cells or they are capable of specializing into any other specific tissue. There are various categories of stem cells: Embryonic stem cells- They are procured from the interior cells of the blastocyst. Fetal stem cells- They are procured from the germ line tissues of aborted fetus. Umbilical cord stem cells- Blood of the umbilical cord encompasses stem cells similar to the cells present in the bone marrow. Placenta derivative stem cells- Source of enormous stem cells. Adult stem cells- Numerous adult tissues also possess stem cells. These stem cells are harvested to rectify ailments or cloning tissues, organs, animals or humans or they may be harvested for gene-line engineering. The gene-line engineering aims to function towards disease resistance and functional improvement. Induced pluripotent cells- Through nuclear programming scientists have transformed adult cells into stem cells. Nuclear programming alters the genes to behave like embryonic stem cells and thereby avert immune rejection, although adverse effects could not be documented so far. Amniotic fluid stem cells- Researchers have documented the presence of stem cells in amniotic fluid (Where do stem cells come from?; Stem cells: What they are and what they do?). Scientists are using stem cell lines derived from the single stem cell. They are devoid of genetic defects and could be stored as well as used for various research purposes to get regenerative medicines for damaged or degenerated tissues through gene manipulation technique which aids in gene rating

Death in Cross Cultural Perspectives Essay Example for Free

Death in Cross Cultural Perspectives Essay There are different mourning ceremonies, traditions, and behaviors to express grief, but the concept of permanent loss remains unchanged in cross cultural setting. With this paper I will identify cross-cultural perspectives on death and dying, and will analyze multiple beliefs relating to death phenomenon. Furthermore I will identify different cultural mourning ceremonies and will analyze their impact on grieving process and coping mechanisms. Death is a universal phenomenon, but individual responses to death vary widely from culture to culture. In effort to explain the concept of death, many different cultures bring a significant symbolic meaning to the dying process in terms of rituals, ceremonies, and bereavement practices. Grieving and funeral rituals vary greatly across cultures and, in most cases, are associated with religious practices and beliefs. People tend to look at the death phenomena through the scope of their religious beliefs and often relate their personal experiences with death to cultural norms and traditions. Our culture affects the length of grieving process, mourning ceremonies, and even influence the way we cry during funerals. The mystery of death is often associated with fear and anxiety, thus it is easier for people to relate indefinite death concept to something that makes sense and brings comfort. Death in Latino culture According to Lobar, Youngblut and Brooten (2006), Latino death rituals are heavily influenced by religion, especially Catholicism, which underlines an importance of connection between the living and a deceased person, through prayer. Death is not something the majority of Hispanics fear, because many of them perceive death as a journey. The dying process is closely related to religious practices, such as prayers, hearing the confession of the dying, communion, and a blessing. Ongoing support is essential element of dying and grieving process, and in this particular culture it is unacceptable to let people die alone. The loyalty to a dying person and care that ill person receives during the last journey is very prominent in Latino culture. Death concept in Hispanic culture is closely related to family obligations, which is evident by the care that Hispanic family renders to a dying person during last moments. After death occurs, the family still prefers to stay with the body during burial preparation to pray and to watch over the body. Prior funeral a wake is held, which is a very social event where an extended family has a chance to get together, serve food and drinks, and enjoy each others’ company. Candles and flowers are essential decorating attributes of wakes and funerals. A funeral follows a wake, and during funeral family has a chance to say last goodbyes to their loved one. Emotional expression of grief is important attribute of Latino cultures which is often evident during funeral ceremonies where women cry loudly and use their body language openly. It is not unusual to put personal items into the casket with the person who has passed away for their journey in the afterlife, which also serves as an example of a finial gift from a family (Lobar, Youngblut Brooten, 2006). Burial follow a funeral, because majority of Hispanics oppose cremation, which is also related to their religious beliefs and importance of placing a body in the ground. Most Hispanics believe that someday the dead will arise and return to life, which significantly influences their burial preferences. It is crucial for Hispanics to be buried next to other family members to keep them company and to arise together someday (Lobar, Youngblut Brooten, 2006). Spiritual connection with the dead is also one of the important elements of Latino culture, which is demonstrated by frequent gravesite visits and praying to spirits. Death is always associated with separation, which leads to sorrow, and grief; however cultural perceptions and beliefs help to look at death from a different perspective and perceive death as a natural state that can be approached with love, respect, dignity, and tremendous family support. Latino culture supports their dying people during the last journey, and believes in afterlife, which gives them hope and helps to overcome unbearable grief of permanent loss. Death rituals in Africa African culture demonstrates a strong connection with deceased person, and believes that only a correct burial will bring a dead person peace. People n Africa strongly believe in spiritual life, thus their main goal during burial ceremonies is to address a spirit of a deceased person. An African funeral begins with removal of the body from home, which is done through a previously made hole in the wall of the home. Africans remove a dead body through the hole, instead of a door, to confuse a spirit and m ake sure that a spirit of a deceased person will not return back home, as a hole in the wall is immediately closed after removal of the body. In effort to confuse a spirit even more, they place thorns and sticks in a zigzag pattern along the way as body being taken to the place of burial. Blackely et al, 1994). In the religions of Africa, life does not end with death and people tend to believe in power of the dead, thus many families often pray to spirits and ask them not to come back and cause any trouble. Death is perceived as the beginning of connection with visible and invisible worlds. One of the funeral rituals include special preparation of a home, such as smearing windows with ashes and turning pictures and other reflective objects face down to ensure that deceased person is detached from a living, and to promote smooth transition into different world. The beds are usually removed from deceased’s bedroom and mourning women sit on a floor or a mattress. According to African culture, if correct funeral is not observed, a dead person may come back and bother the living. The funeral preparation takes approximately from seven to thirteen days, which gives the community members a chance to visit and give the last respect to a deceased (Mbiti, 1969). The funeral ceremony usually begins before the sunrise, because people believe that bad spirits usually sleep early in the morning. The pastoral care during funeral preparation is very important for comfort and encouragement. According to Blackely et al (1994), African funerals simultaneously mourn for the dead and celebrate life. An animal is usually killed during funerals to avoid bad luck, but it also has a practical purpose, such as providing food for family and neighbors. In many communities women and unmarried adults are not allowed to attend funerals, as well as close family members are not allowed to speak or take any vocal part in the funeral ceremony. The community involvement during African funerals is a great example of psychosocial and emotional support during mourning process, which draws people together and promotes healthy grief. Jewish rituals There are many different beliefs in Judaism, thus funeral rituals and ceremonies vary greatly. According to Jewish laws, practices, and beliefs, a soul returns to heaven immediately after death, thus the body has to be buried as soon as possible, usually within 24 to 48 hours (Lobar, Youngblut Brooten, 2006). Mourners show their grief by wearing a black ribbon and by performing only minimal grooming and bathing. Mirrors or other reflective objects may be covered and family remains with a deceased and talks about a deceased. Prayers, citations of Psalms and learned passages from the Talmud are essential elements of the Jewish funerals (Ribner, 1998). According to Clements et al (2003), a body should be treated with respect due to belief that it is a temple of a soul. There is a special ritual of body preparation, where women prepare a female body and men are responsible for preparing a male body. All jewelry must be removed from the body, and the body is washed twice, and is treated almost if it was still alive. The prepared body is laid on the floor with candles around it, and the body is never left alone. There is no embalming and the body is clothed or wrapped and put into wooden coffin, so the body and the box can return entirely to earth. Traditional Jewish funerals are symbolic representations of spiritual connection with God. The funeral ceremonies are based on purity, simplicity and dignity. According to Jewish tradition, wealthy and poor are equal before God, thus the body must be buried in the same type of garment regardless of financial and social status. According to Jewish religion, death is only a part of a process, and after death a soul continues on. Jewish people believe in afterlife, which gives them hope and helps to deal with grief. The importance of family is recognized throughout Jewish mourning ceremonies, which value family privacy during first seven days of mourning process, where close family gets together and have a meal of condolence that include eggs and bread. According to the belief, eggs symbolize life, which is a great example of attitude towards death and strong belief in afterlife (Madsen, 1999). Cross cultural perspective Death is a universal phenomenon, but funerals ceremonies and rituals vary greatly across cultures and religions. Many cultural groups carry their own beliefs and perceptions, which help them with the grieving process and adaptations strategies. Death carries a feeling of a permanent loss, which is very difficult for people to accept. According to Kastenbaum (2007), bereavement is a universal experience, which carries many painful responses, including depression, distress, fear, and misery. Our inner state feelings are universal, however or external expressions are different. Our culture and religious beliefs are essential elements of adaptation strategies and coping techniques. Believing in afterlife in Christianity, Judaism, and many other religious groups gives people hope, helps to alleviate grief, and promotes healthy adaptation process. Strong extended family support during mourning process helps to share unbearable grief among family members and serves as an excellent source of encouragement. Strong community involvement is extremely beneficial during bereavement, which helps to take care of financial struggles and provides psychosocial support. Cross cultural rituals help people express their grief according to their beliefs. Almost every funeral ceremony is family oriented, which is designed to bring extended family together, to celebrate life, and to set the background for healthy grief. There are many similarities and differences in beliefs and practices on death and dying. But for many cultures and religious groups a funeral is a final act of love, respect, devotion, and family gathering.

Norbert Rillieux :: essays research papers

Norbert Rillieux Norbert Rillieux was born in New Orleans, Louisiana, on March 17, 1806. His mother, Constance Vivant was a freed slave from New Orleans, and his father, Vincent Rillieux, was a inventor and engineer. Vincent invented the steam-operated cotton baling press. Norbert's academic talents were seen at an early age by his father, and was sent to Paris to be educated. At the age of twenty-four, Norbert Rillieux was a teacher of applied mechanics at a school in Paris. In 1830, he put out a series of papers about steam economy and steam engine work, a prelude to his invention involving steam. In fact, it was during the time that he was writing these papers, most likely, that he created his theory about multiple effect evaporation. Between 1884 and 1854, he created the Rillieux apparatus, a revolutionary invention. In 1864, he patented his first model, and advanced the system for eight more years, and received more patents. It took him ten years to create the final model because he was black, and there were prejudices he had to deal with in addition to his invention. Norbert Rillieux invented the triple effect vacuum evaporator. The "triple effect" is for the multiple things that the system does all at the same time. The "vacuum" is for the vacuum of air that is used in the system, and the "evaporator" is for the sugarcane liquid syrup that is heated and evaporated into regular sugar. The actual system is somewhat complicated, so please see the picture that is provided. As I have stated, the purpose of the triple effect vacuum evaporator is to evaporate the liquid out of sugarcane syrup, the natural form of regular sugar, leaving the sugar crystals we can use. The way that the evaporator works is like this: Water is heated in the first container (1) which produces steam. The steam carries heat, called latent heat. A pump on the wall of the first container (1) pumps the steam into the second container (2). The steam from the first container (1) heats the syrup and boils it, creating sugar crystals, in the second container (2), using up the latent heat in the steam from the first container (1). The evaporating syrup creates it's own steam, with latent heat as well. A pump on the opposite wall of the second container, (2), pumps the latent heat in the steam into the third container (3).

Goals Paper Essay

My second long-term goal is an academic goal. My academic goal is to graduate from the University of Central Florida with a bachelor’s degree in Early Childhood Education. This academic goal of mine is very important to me because I want to be a teacher. I have always wanted to become a teacher since I was a young girl but I foolishly did not pursue my dream. I am now at a point in my life where I recognize that tomorrow is not promised. Therefore, I have decided to pursue my dream of becoming a teacher and will not allow myself to steer off that path. My third long-term goal is career orientated. This long-term career goal is to simply become an effective elementary teacher. By becoming an effective elementary teacher, I will be able to make a positive difference in the lives of my students. I know firsthand the importance of an effective teacher because I experienced what one was like. That person was my fifth grade teacher and she made such a positive difference in my life at that time. I want to be able to do the same and so that is why becoming an effective elementary teacher is my long-term career goal. Now that I have identified my three long-term goals I will now discuss how I will accomplish these goals. In order for me to achieve my personal long-term goal of becoming a homeowner, I have set a short-term and an intermediate goal. My short-term goal which will help lead me to becoming a homeowner is finding a job, because I am currently unemployed. The only income I have at this time is from my husband’s full-time job. His income alone cannot qualify us for a mortgage loan. Therefore, I intend to consistently look for employment on a weekly basis. Although this short-term goal may seem to be an easy one, it is not. The reason it is not is due to the fact that there are a lot of people currently unemployed whom are looking for work themselves. This has a negative effect on me because it makes my chances of finding a job much harder. However, I am determined to find a job no matter how many applications it may take. I will make sure that I attach a resume and will make follow-up calls to each of the employers that I have submitted an employment application to. I will also keep a positive attitude on my pursuit for employment so that nothing sabotages my short-term goal. With that said, having a job is not the only thing that is necessary for me to achieve my long-term personal goal. I will also need to have some money saved to put down towards the purchase price of a home. Therefore, I have set an intermediate goal to have saved at least two percent of $195,000 dollars within the next two and a half years by putting $130 dollars per month into a savings account. I am confident that I can achieve my personal long-term goal as long as I adhere to the short-term and intermediate goals that I have indicated above. As for my long-term academic goal to achieve a bachelor’s degree in Early Childhood Education, I have set a short-term and an intermediate goal that will assist me in obtaining it. My short-term goal consists of two parts. The first part is to take a minimum of four courses, per semester, that are required for the type of degree I am seeking. The second part is to maintain a grade point average of 3. 0 or higher. In order for me to meet these short-term goals I will make sure that I follow the education catalog which outlines all the courses I need to complete and I will make sure that I consistently keep up with all assignments. I will also keep myself organized and maintain a positive attitude in every course that I take. My intermediate goal is to earn my associates degree at Valencia by the year 2012. I know that I can accomplish this intermediate goal as long as I adhere to my short-term goal stated above. Now this may sound like an easy thing to do but in reality there are always challenges that can arise and put a damper on things. One of the challenges that I face in meeting my short-term goal is procrastination. I tend to procrastinate when it comes to studying and completing assignments that I find to be challenging. This course has already taught me the importance to stop procrastinating and to study. I plan to utilize the information from our course to stop the cycle of procrastination and to study in an effective manner. I also intend to consistently reaffirm my long-term academic goal so that it will motivate me to keep in line with my short-term and intermediate goals. Lastly for my long-term career goal, which is to be an effective elementary teacher, I have set a short-term and an intermediate goal. My short-term goal is to get hired as an elementary teacher shortly after obtaining my bachelor’s degree in Early Childhood Education. In order for that to happen, I will submit employment applications at several elementary schools for a teacher position. I will also make sure that I provide a resume along with my portfolio to all of the schools that I have submitted an employment application to. My intermediate goal that I have set which will assist me in becoming an effective elementary teacher consists of developing professionally on a personal level and on a career level. Once I am employed as an elementary teacher, I plan to attend workshops that will improve my skills as a teacher so that I can apply such skills in the classroom. In time I know that I can be an effective elementary teacher because I have a passion to teach and love being around children. In summary, I have a long-term personal goal to own a home, a long-term academic goal to earn a bachelor’s degree, and a long-term career goal to become an effective elementary teacher. All three of my long-term goals are very important to me and in essence builds and/or relies on the other. In order for me to accomplish my three long-term goals, I have set S-M-A-R-T short-term and intermediate goals for each. I also believe that I will be able to achieve all three long-term goals because of Valencia. One of the reasons why Valencia will assist me in reaching my goals is simply due to the fact that this community college is very affordable. Also, this community college has many wonderful professors that are dedicated in guiding students successfully on their career paths. Valencia Community College also has many resources available to me that will assist me in obtaining my associate’s degree and will prepare me with the skills needed to be a successful student at UCF.

Custom as a Source of Law

Abstract The following article tries to establish the fact that the Customs are the most important source of law. It defines customs and gives information about its types and what are the requisite of a valid custom, how are they recognized and why are they recognized? In ancient days the customary laws were the only laws as they were practiced by the people. With the passage of time and modernization of society the customary laws are seen as orthodox laws and are fast receding to the statutory laws, but still the laws that are passed by the parliament has its root in the customary laws |Page Electronic copy available at: http://ssrn. com/abstract=1958646 Custom occupies an important role in regulation of human conduct in almost all the societies. In fact it is one of the oldest sources of law making, though only a few people are likely to concur with the classical Greek poet Pindar’s maxim, â€Å"Custom is the king of all†. A custom may be defined as a continuing cours e of conduct which by the acquiescence of express approval of the community observing it, has come to be regarded as fixing the norm of conduct for members of society 1.At its inception the English common law derived all its rules from a single source. Sir Carleten Kemp Allen notes 2 ‘ Blackstones â€Å" general customs† and â€Å"customs of the realm† are those fundamental principles in legal relationship which for the most part are not to be found in any express formulation, but are assumed to be inherent in our social arrangements. These are, in short, the common law itself ’. Salmond is of the opinion that custom embodies those principles which are acknowledged and approved, not by the power of the state but by the public opinion of the society at large.Thus he states ‘custom is the embodiment of those principles which have commanded themselves to the national conscience as principles of â€Å"justice† and â€Å"public utility’ 3. Jhon Austin was of the view that no folkway regardless of the fact how respected it is or how much is it followed can influence the law. He was of the view that only those conventions and folkways recognized by the sovereign through some judicial act or legislative disposition might be certified as a customary source of law. Kinds of Custom: 1. Conventional customIt is an established practice whose authority is conditional based on its acceptance and incorporation between the parties bound by it. When two parties enter into a contract generally all the terms of the contract are not set expressly and a large part of it is implied. The intention of the parties entering into an agreement can be gathered by the customary law prevalent at that time The convention custom has three stages of development. In the first stage it should have attained the status of usage. In the second stage it gets recognition through some judicial decision, and presumes the form of a precedent.After this it i s finally accepted as a statutory law. 1 Dias & Hughes: Jurisprudence,(1957) p. 34 2 Allen C. K. : Law in the making 3 Fitzgerald P. J. : Salmond on jurisprudence 2|Page Electronic copy available at: http://ssrn. com/abstract=1958646 The first section of the Indian contract act, 1872 recognizes the customs that are prevalent in the trade Legal Custom These are those which are operative per se as binding rules of law independent of any agreement between the parties. These, are of two types: 3 †¢ Local CustomHalsbury’s defined local custom as â€Å" a particular rule that has existed actually or presumptively from time immemorial and has obtained the force of law in a particular locality although contrary to or not consistent with the common law of the realm. † 4 So it can be said that a local custom prevails in a small locality. Bigamy in India is allowed in some tribal parts on account of the local custom prevalent at those places. †¢ General Custom A general custom prevails throughout the country and is the main source of the common law of the country.The custom of prohibiting the remarriage of widow in most of the communities of India, before its abolition was a general custom in the country. A general custom is prevalent is usually practiced by all the people living in the country, and is practiced throughout the land. There were many customs but it is not necessary that all are the customs are accepted. For the customs to be accepted as a valid customs it should have some requisite characteristics: 1. Reasonableness A custom must be reasonable.It must be understood that the authority of any custom is never absolute, but it is authoritative provided it confers to the norms of justice and public utility. A custom shall not be valid if it is repugnant to right and reason and is like to do more mischief than good if enforced. The true rule seems to be not that a custom to be admitted if reasonable but that it will be admitted unless it is unreasonable. The custom of recognizing the channel of the river or the stream as the boundary between two villages irrespective of the change in the path cannot be said as unreasonable and hence it was held as a valid custom 5. Halsbury: Laws of England, Vol. X. p. 2 5 Ram Dhan Lal v. Radhey Shyam, 1951 SCR 370 3|Page 2. Consistency A custom to be valid must be in conformity with statutory law. In other words it must not be against any act of Parliament. A custom should necessarily yield where it is against any law, but in many cases there can be some exception to the law or some modifications can be made to it due to any custom. 3. Compulsory observance A custom to be legally recognized as a valid custom must be observed as a right.It means the custom should be followed by all concerned without the use of force. It must be regarded not only an optional rule but as an obligatory rule or binding rule of conduct. If a custom is left to the choice of the individuals, then it is not a costmary law. If the observance of a custom is suspended for certain time than it is assumed that the custom was never in existence 6. 4. Continuity and immemorial Antiquity A custom to be valid should have been in existence from time immemorial.To quote Blackstone â€Å"A custom in order to be legal and binding, must have been used so long that the memory of man runneth not to the contrary, if anyone can show the beginning of it, it is no good custom† 7 English law has made an arbitrary limit to the legal memory. It has been fixed as 1189 A. D. – the year of accession of King Richard 1 to the throne which means, if any custom has its roots back to 1189 AD or backwards would be regarded as a valid custom. This time limit was applied in the case of Simpsons v. Wells 8. However in India the limit of 1189 A. D. is not valid 9.In India no definite year has been laid down to determine the antiquity of a custom. It need not to be beyond human memory 10. 5. Certainty Not o nly a custom should be practiced from time immemorial but, it should also be observed continuously and uninterruptedly with certainty. A custom cannot said to be valid from time immemorial unless its certainty and continuity is proved beyond doubt. Theories regarding transformation of custom into law Customary law has not only been established by legislatures or professionally trained judges, but it has come into existence because of popular acceptance and practice.There are two popular theories in this regard (1) Historical theory and, (2) Analytical theory 6. Hamperton v. Hono, (1876) 24 WR 603 7. Blackstone: Commentaries, p. 76 8. (1872) 7 QB 214 9. Gokul Chandra v. Praveen Kumari, AIR 1952 SC 926 10. Mst. Subbhani v. Nawab, ILR 1947 PC 21 4|Page 1. Historical Theory The main components of the historical theory school, namely, Savigny, Blackstone and Henry Maine have suggested that law has its existence because of the common consciousness of the people and the customary observanc e is not the cause of law but the evidence of its existence.Savigny observed, ‘customary laws completely modify or repeal a statute; it may create a new law and substitute it for statutory rule which it has abolished’. Maine regarded custom as ‘formal source of law’. James Carter also supports historical view and is of the opinion that ‘What has governed the conduct of men from the beginning of time will continue to govern to the end of time. Human nature is not likely to undergo radical change and law will forever continue to be custom’11. Criticism Dr.Allen points out that all the customs cannot be contributed to the common consciousness of the people. For instance, a ruling class quite often imposes custom on the governed. It does so for its own interests rather than the interest of the people. The customs in India such as untouchability cannot be contributed to any kind of common consciousness. Therefore any custom cannot be a source of law it should not be again public sentiments. 2. Analytical Theory The main supporter of analytical theory is John Austin who regarded custom as a historical material source.He points out that custom derives its binding force not from its own nature but by state legislation. It means custom becomes a law when it is adopted by an act of parliament or its validity has been established by any judicial decision. He further states that custom only has persuasive value. Customary practices have to be recognized by court before it can become law. Being of persuasive nature it is recognized as historical material source of law. Austin thus concludes that â€Å"Customary law is nothing but judicial law founded upon anterior system. 2† Criticism Dr. Allen has criticized Austinian theory of customary law and pointed out that the fallacy of the Austinian doctrine is in supporting that custom is not law until it has been so pronounced by a court. He observed that the truth is exactly the rev erse of it. According to him, ‘custom is firstly and essentially a law. Custom is enforced by courts because it is already a law, it does not become a law only on enforcement of court. 13’ 11 Carter James: Law, its Origin, Growth & Function, p. 20 12 Austin: Province of Jurisprudence, (1945) p. 165 13 Allen C. K. : Law in the making, pp 84 5|Page CONCLUSION Of all the various sources of law The Customary Laws are definitely the most significant source of law. In the ancient days in the absence of any legislative laws the customary laws were only the prevalent law. These are very important as these are already followed by the people and it is the very reason why many of the customary laws are even recognized today. These customary laws had the approval of the public opinion.There is no doubt that with the development of the judicial process and with the modernization of the society, the importance of custom is receding. When states came into existence they immediately ga ve recognition to the customs prevailing at that time and thus they were recognized as valid laws. But with time customary laws have receded to the statutory laws. The laws relating to sale of goods, inheritance of property, succession, property, contract, sale of goods etc. have all evolved from the customary laws. The codified Hindu laws are nothing but the codification of the prevalent customary laws with some exceptions.It would be wrong on the part of any one to say that the customary laws need recognition from the court. The customary laws are always recognized since they are always in practice. Most of the customary laws that were just in nature and were good for the society have been recognized by the parliament or the court. These laws can be sometimes invalidated if it appears that these are against the public policy and justice. One of the most important reasons why the customs are important source of law is that it that it is highly practiced in the society.So, if any ne w law is made that is contrary to the practiced customs and traditions, will not be accepted by the society. This may lead to chaos and anarchy in the society. So any law that is passed takes into consideration the customs and traditions prevalent in the society at that time. The state by its legislation only validates the existing customs. It may in some exceptional cases also modify or nullify some of the customs if it is for the welfare of most of the people of the society. So in this way the state makes laws mainly based on the customs that are good for the society 6|Page

What is the difference between a resume and a curriculum vitae

What is the difference between a resume and a curriculum vitae If you’re on the hunt for a new job, you know the competition for available openings is tough, no matter what field you hope to enter. This means that when you’re applying for a position that seems to match your background, skill set, and interests, you need to make absolutely sure that your presentation and approach are razor sharp- this includes making sure that you follow the requirements for applying precisely. Trust us, in a job market where there are droves of qualified candidates for every available position that opens up, if you neglect to follow the procedures outlined for applying to a position, you’re likely jeopardizing your chances of being considered seriously. This includes making sure that you know the difference between a resume and a curriculum vitae (CV), and sending the correct one when asked by a potential employer. Let’s look at each to you know how to tailor your document to meet the requirements of each job post you face.ResumeMost job hunters are familiar with resumes- they’re designed to be short overviews of a candidate’s background and experience. Resumes are much shorter and less detailed than CVs, and are typically used for non-academic, non-research based positions in the United States (in other countries across Europe, Asia, Africa, and the Middle East, CVs are often the norm when applying for jobs). Resumes are typically only about a page long, sometimes slightly more if you’ve been working for a long while or have an extremely varied job history. But unlike a CV, the goal of a resume is to be brief.A candidate’s resume is typically tailored to the position she or he is looking for, and often contains an objective or summary statement along with one’s education, experience, job-specific abilities and skills, and personal contact information. Although there are countless ways in which a resume can be formatted and designed, a straightforward, clean, and professional a pproach that embraces readability over creativity is appreciated by most HR personnel, hiring managers, and potential employers.CVA CV is typically a longer and more in-depth summary of a candidate’s skill set and experience- it can run two to three pages or more, depending on the candidate and her or his background and accomplishments. Although CVs are widely used in a variety of fields in countries outside of the United States, in America they are typically utilized when applying for academic, scientific, medical, education, research, and international employment positions. CVs are also often utilized as part of funding applications, such as for grants and fellowships. If these are the sorts of opportunities you’re pursuing, then make sure that you have a professional and polished CV at the ready.Along with the usual information that you’d find on a resume, including education, experience, job-specific abilities and skills, and personal contact information, CV s include a candidate’s teaching and research experience, publications, fellowships and grants, licenses, relevant professional associations and awards, as well as any other information that’s relevant to the position being applying for.When send in a job application, make sure you know the document a company wants to see. Take care with the document you send in- don’t just lazily send in a resume when a company asks for a CV. If you’re confused, it’s fine clarify the length and scope of what they expect. And whatever you send in, always give it a final proof before sending to make sure it’s correct, up-to-date, and free from careless typos and grammatical errors. Presentation matters. Good luck!

buy custom Magnetic Cloaking essay

buy custom Magnetic Cloaking essay The cloaking technology provides the possibility that small objects may become nearly invisible and in some way also develop the military stealth tools and technology. The idea came out through the cloaking technology presented in Star Trek when Romulan spaceships were made to vanish. Such device was proposed to be developed that would make objects safe from electromagnetic detention via visible light and radar. There have been new findings in the subject of cloaking by means of magnetism and microwaves. Developments in research indicate that cloaking devices can conceal objects from at leave a wavelength of electromagnetic radiation. This new technology of invisibility has become a sensational theoretical phenomenon but experimental understanding of these magnetic cloaks has only been attained from basic approaches. In 2006, a team of scientists was able to successfully test a cloak of invisibility. The device was able to make a little copper cylinder disappear from microwaves during their testing. The cloak worked by bouncing off the microwaves around the cylinder and restored it on the other side, making it looked like it passed across an empty space. The cloak was made of 10 fiber glass rngs with copper elements and was categorized to be a metamaterial. This artificial compound can be manipulated to create a required change in the course of the electromagnetic waves. Microwaves recoil objects just like visible light waves, causing them to become evident and a shadow can be observed. The cloak directs electromagnetic waves around a fundamental region so that anything can be positioned in that area and will not interrupt the electromagnetic fields. The idea of the index of refraction should be taken to consideration in the improvement of the cloaking device. The refractive index of an object defines how much light curves or bends when passing in it. Nearly all objects have a consistent refractive index all through, so light only bends once it traverses the limit into the object or material. Cloaking research to develop metamaterials has still a long way to go. Cloaking technology has its limitations as well. One factor that people dont realize is that once people are in a cloaked region or area, they will be unable to see out since visible light will be curving and bending all over where they are located. Invisibility would be achieved but then soo would be blindness. At present, creating such device that will work on every wavelength of visible light is beyond the research and capabilities of scientists. There is still no assurance if there is even a possibility that several wavelengths can be cloaked at the same time. Full invisibility might be impossible or is decades, even centuries away from reaching it. As of present, calculations made in studies states that an object would be invisible in a 632.8 nanometers wavelength which links to the color red. However, through continuous research and extensive explorations, a phasing cloaking technology might be possible to be created. In such device, each color of the visible light spectrum can be cloaked for a portion of a second. A design as such where all colors of visible light can be cloaked will be a technical test that scientists will have to encounter. Accomplishing such will allow an object to look translucent but not really invisible. Invisibility as seen in the popular culture such as Star Treks cloaking device and Harry Potters may not be achieved any time soon. As of present findings, total invisibility remains to be but a science fiction. Buy custom Magnetic Cloaking essay

Personification vs. Anthropomorphism

Personification vs. Anthropomorphism Personification vs. Anthropomorphism Personification vs. Anthropomorphism By Maeve Maddox A reader asks: Is there a difference between  Personification and Anthropomorphism? If theyre not the same, could you please explain it? Both words convey the idea of attributing human characteristics to something not human. Personification comes from the verb personify. One meaning of personify is â€Å"to represent or imagine a thing or abstraction as a person.† For example, â€Å"Wisdom has built her house; she has set up its seven pillars. –Proverbs, 9:1.† The abstract concept wisdom is personified by the use of the feminine pronouns. Another meaning of personify is â€Å"to be the embodiment of a quality or trait.† For example, â€Å"Adolf Hitler has become infamous as a personification of evil.† Poets frequently employ personification, as in the opening lines of â€Å"Ode on a Grecian Urn† by John Keats (1795–1821): Thou still unravish’d bride of quietness, Thou foster-child of Silence and slow Time, Sylvan historian, who canst’ thus express A flowery tale more sweetly than our rhyme. The subject of the poem is an ancient urn or vase depicting a pastoral scene in which male figures seem to be pursuing women. Keats humanizes the inanimate urn by addressing it with the pronoun thou and calling it a bride, a foster-child, and a historian. The concepts Silence and Time are also personified by identifying them as the parents of the urn. Many of the ancient gods were personifications of natural phenomena or intellectual concepts. The goddess Iris, for example, is the personification of the rainbow. Cupid is the personification of desire or love (Latin cupere, â€Å"to love†). English speakers personify ships as female, as Holmes does in his poem about the USS Constitution, aka â€Å"Old Ironsides†: Ay, tear her tattered ensign down! The word anthropomorphism has two main applications. The first definition given for it in the OED is â€Å"ascription of a human form and attributes to the Deity.† Descriptions of God walking in a garden, having the whole world in His hands and â€Å"having His eye upon the sparrow† are examples of this kind of anthropomorphism. A second definition of anthropomorphism is â€Å"ascription of a human attribute or personality to anything impersonal or irrational.† This is the kind of anthropomorphism that leads doting pet owners to stage weddings for their dogs. Anthropomorphism is a popular story-telling trope. Puss in Boots, Black Beauty, and Rocket Raccoon are anthropomorphized animal characters. Inanimate objects can also be anthropomorphized, like the vegetables in Veggie Tales and the vehicles in the movie Cars. Television advertising is rife with anthropomorphism, ranging from cute (MM candies) to revolting (Mucus). If there is a difference, it’s a subtle one. I think personification is more appropriate for discussions of literature and as a synonym for embodiment. Anthropomorphism seems to suit more general contexts. One drawback to this advice is that anthropomorphism is harder to say. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:7 Types of Narrative ConflictTop 11 Writing Apps for iOS (iPhone and iPad)Woof or Weft?

Structural steel design Literature review Example | Topics and Well Written Essays - 2000 words - 1

Structural steel design - Literature review Example When restoration was completed, the new skeleton had to be hoisted on to supports. These were composed of steel compression struts that are hollow, with a capacity of 50 tons. They were coupled to node points found at the end of each of the cradle frames where they stuck out through the hull. The external support’s lower ends were linked to plates cast into the dry dock’s steps. Since the steps had started crumbling, they had to be dug out and reinforced with grouted steel piles before connecting supports and lifting the ship. A series of arms offered lateral wind load restraint. The arms were bolted to strengthened concrete tension piles at the top of the dry dock (Douglas 2012, pg. 69). The connection nodes are also required as secondary support to the glass canopy. The members’ structural steel grades are of  S355 J2 to BS EN 10025.   Lifting the ship was done at intermediate phases using 24 200Te SWL cylinder jacks, each under every node point. The whole process took 2 days and was aided by the installation of a series of 96 strain sensors to check loads in the metal frame of the ship and the supporting tie rods and props that held up the ship (Beedle, Ali & Armstrong 2007, pg. 32). Consultants AV Technology (AVT) installed the sensors. Deteriorated timber was replaced with equivalent wood; the objective was to replace like with like where possible. The tween was restored using new Douglas fir and hemp was used to caulk it traditionally. Hemp was used because it was easier to install and maintain since it was forced into position to create a tight deck. Composite construction used on the main deck, with a new teak upper layer and plywood lower layers (Crevello & Noyce 2008, pg. 52). The upper teak planks as well as the first lower rock elm planks were restored and reinstalled on the ship. The original plan was rock elm below the water line and teak above the water line. This is because elm

Tin roof(bar)Marketing Essay Example | Topics and Well Written Essays - 1000 words

Tin roof(bar)Marketing - Essay Example Social media marketing does not face any hindrance concerning geographical setting hence customers from whatever geographical location can be reached. Social media builds brand, product awareness, a brand is a long-term picture of a given commodity, and it is that which makes a product be known for quite some time. The intensity of a brand has the implication of enabling individuals know a product more, it can be used to create new customers by letting them know about the business. Secondly, letting them be your friends, making of friends is something quite hard given its procedural; on the contrary, it is quite easier through the social media (Keillor pg. 13). This will enable them buy from Tin Roof (bar) as their brand of choice. Social media marketing is worth investing in because of several reasons, which include and is not restricted to the following. It is in social media where customers are easily found as everyone in the target market use social media in one way or another. F ace book, YouTube, Twitter, LinkedIn, Pinterest and  mobile apps and games  have all become favorite pastimes across the world (Schepp and Debra pg. 112). ... ts the products and brands on a platform as well as the product messages to be shared; this leads to awareness hence many individuals would know the product. Interest is also developed on a product hence creating customer loyalty, and sales improvement, which leads to increased revenue, and hence the profit and company image will as well increase. (Keillor pg. 45). The company should therefore use this method to widen the operation base of the company. In the world of competition, the use of social media has the impact of leveling the playing field, as Tin Roof (Bar) Company will be in the position of receiving enquiries from big and small prospective clients alike. The company will be in the position of achieving the set marketing objectives using similar tools like the others and applying the same rules. This means social media sites are both less costly and easy to access irrespective of whether the company is a big one or a small one. This is despite the fact that such companies would still own a bigger chunk of the platform depending on their resource base. Another reason that Tin Roof (Bar) will find social media helpful in marketing is that social media is searchable and it would aid consumers to look for its products and services through online searches. This is because, through social media the company’s organic Google search results will be affected and hence provide entry to the website of the company. This form of interlinking the platform used whether, face book, twitter, Skype or any other platform has the impact of creating value for the company’s products (Schepp and Debra pg. 72-5). Furthermore, social media content is sharable. One of the major purposes of a social media platform is to find contents and share them irrespective of where they find

Construction safety and health Assignment Example | Topics and Well Written Essays - 250 words

Construction safety and health - Assignment Example Safety brings financial importance to the company. This is because a safer working environment has an effect on the project goal indirectly and directly. Lost costs, insurance cost, workers compensation claims, and legal fees are cut in a work setting that is safe. Indirect costs involved includes lost productivity that occurs when the employees shift their attention to the incident (Barling & Fronde, 2010). Maintaining safety reduces the schedule interruptions that minimize cost. Additionally, a safer working environment boosts the morale of employees, which later, increases efficiency, productivity, and profit margins. This is associated with less staff turnover, improved quality of work, and fewer absence of staff. Therefore, when employee implements and stick to the safety program, the company will incur a less cost-effective decision. When workers implement healthy and effective safety programs, less illness and injury rates will be expected in the company. Also, safety benefit extends to protecting the reputation of the company. When a lot of time is lost, the quality of services will be poor; will lead to client dissatisfaction. It is important to maintain workplace safety. When it is overlooked, workers will be left exposed to

Aspects of Entrepreneurship as a Future Career Essay

Aspects of Entrepreneurship as a Future Career - Essay Example In this paper, the main focus will be to confirm the contemporary aspects of entrepreneurship and relate how they can apply to me as a future entrepreneur. An entrepreneur is usually a self-employed individual, hence enjoys enormous independence. The independence enjoyed by an entrepreneur is usually experienced as they launch ventures. Entrepreneurs have the flexibility and ability to multitask (Bharadwaj 1). Given their strong sense of responsibility, entrepreneurs can handle and deal with the basic requirements of starting up businesses on their own. Here, their independence may allow them not to seek professional assistance, which many opt for, and as required by the prerequisites, especially when it is a company involved. Entrepreneurs exercise their independence right from the point of being cognizant of the opportunity, resource gathering, network creation or building, goal setting as well as strategies implementation. An entrepreneur is highly reliant, and this helps them to avoid many of the business odds that come during its early stages. As an independent individual, entrepreneurs are jacks-of–all trades, making them single-handedly able to bring up a business from a scratch to operation. Research shows that many entrepreneurs record higher and significant job satisfaction than those in the wage employment (Naude 1). Such entrepreneurs usually receive satisfaction from for being self-employed as they have total control over their venture and its resources.

Law Enforcement and E-Government Transnational Issues Research Paper - 1

Law Enforcement and E-Government Transnational Issues - Research Paper Example Moreover, the paper will discuss the methods of government intervention while dealing with cyber threats, especially with regard to the laws that the government has set up. In addition, the paper will discuss the impacts of government regulation on national security. #1 The private industry is vital in the provision of national security, in the United States. This is because the private sector is involved in the development of advanced security systems. Companies in the private sector are engaged in the research and development of security mechanisms, as well as gadgets that help in improving the country’s security. The National Security Agencies rely on information from the private sector to develop the security mechanisms in the country. The knowledge acquired from the research conducted is used as the basis for enhancing the country’s security. In this regard, the government has an obligation to tell the private sector what they can set up and improve their cybersecu rity (Theohary, 2010). There are several ways, which the government can use in order to tell the private sector how to improve their cybersecurity. One of the ways in which the government can justify such an action is through introducing trusted internet connections, which will benefit all stakeholders in the private sector. ... Through the use of this approach, cyber threats are reduced since the government will monitor the flow of information, as well as the messages exchanged via the internet (Theohary, 2010). The government can also justify involvement in issues that relate to cybersecurity is through regulation of the information market. Market regulation plays a crucial role since it reduces the vulnerabilities, and the threats caused by market failure. The government should guide the private sector on how they should set up their cybersecurity since when the private sector is left alone to implement such provisions; competition in the market may result to poor quality services. The government should regulate how the private sector sets up cybersecurity in order to ensure that there is adherence to the set standards. Government intervention is always crucial since the private sector cannot follow standards if they are left alone to implement cybersecurity (Powner, 2010). There tends to be certain socio -political reasons and motivations, which precipitate the government to take part in cybersecurity. The most fundamental reason why the government takes part is because of the threat posed by terrorism. Since the September 11 attacks, the United States government has strived to ensure that all sectors are protected against terrorism. Terrorism is an issue of concern in the United States. The department of homeland security strives to ensure that all threats posed by terrorism are prevented. On this regard, therefore, the government intervenes in ensuring that the private sector does not become vulnerable to threats of terrorism. The other socio-political reason for the intervention of the government

Aspects of Entrepreneurship as a Future Career Essay

Aspects of Entrepreneurship as a Future Career - Essay Example In this paper, the main focus will be to confirm the contemporary aspects of entrepreneurship and relate how they can apply to me as a future entrepreneur. An entrepreneur is usually a self-employed individual, hence enjoys enormous independence. The independence enjoyed by an entrepreneur is usually experienced as they launch ventures. Entrepreneurs have the flexibility and ability to multitask (Bharadwaj 1). Given their strong sense of responsibility, entrepreneurs can handle and deal with the basic requirements of starting up businesses on their own. Here, their independence may allow them not to seek professional assistance, which many opt for, and as required by the prerequisites, especially when it is a company involved. Entrepreneurs exercise their independence right from the point of being cognizant of the opportunity, resource gathering, network creation or building, goal setting as well as strategies implementation. An entrepreneur is highly reliant, and this helps them to avoid many of the business odds that come during its early stages. As an independent individual, entrepreneurs are jacks-of–all trades, making them single-handedly able to bring up a business from a scratch to operation. Research shows that many entrepreneurs record higher and significant job satisfaction than those in the wage employment (Naude 1). Such entrepreneurs usually receive satisfaction from for being self-employed as they have total control over their venture and its resources.

Barn Burning by William Faulkner Essay Example | Topics and Well Written Essays - 750 words

Barn Burning by William Faulkner - Essay Example However, equally powerful is Faulkner’s use of character to define, explain, and develop the conflicts that take place throughout the short story. As such, this author will work to examine these two specific aspects and draw inference on their interrelation and use within the story. The story itself opens amidst a trial that is set in the epitome of the rural dust-bowl of the mid-west. Abner Snopes stand accused of purposefully and intentionally burning the barn of his former employer. The reader is quickly made aware that the true nature of the crime is known by young Sartoris and it is soon incumbent upon him to lie to the court, as instructed by his father, in order to wrongfully acquit the accused. Unlike most stories where the denouement comes at the end, Faulkner uses this as a mechanism to provide a life-altering impression on the young Sartoris; an impression that categorically affects the way that the rest of the story progresses and has implications for how Abner Sno pes will eventually be undone (Swann 132). In a way, Faulkner’s development shows the reader that the story can essentially be broken in to three distinct components. Firstly, the reader is made aware of Abner Snopes treachery and his moral deviance. Secondly, Faulkner wanders about describing each scene to the fullest while alluding back to the effect that Sartoris has come to experience as a result of the lies that have been told and the type of life that is being led. Lastly, the tension is released by Sartoris making the difficult choice to right the wrong that he had previously done. Although few might consider this story a tale of redemption, for Sartoris, it is precisely this. Haunted by the wrongs that the father continues to perpetrate and fearful of what the future consequences of these might be, Sartoris has to make the most difficult of decisions and quickly pursue honesty in order that the opening sequence of the short story will not repeat itself with respect to Abner’s short employment with de Spain. Although this conflict exists early in the story, it is the feeling and sense of conscience that troubles the young boy and makes it difficult for him to accept the result of the trial as well as to accept his role in the acquittal and to a greater extent his role within such a family. Faulkner presents a young boy who even at the tender age of 10 is uniquely aware of what is right and what is wrong (Comprone 18). Masterfully fabricated elements within the story help to develop the fact that Abner Snopes is an absolute tyrant. These include but are not limited to the beating that Sartoris faces as the family is in the process of relocating, the fact that Abner curses at his wife and instructs her not to tend to Sartoris wounds, the incident with the rug in de Spain’s house, and the final incident concerning the lantern oil. Although these can be understood as elements of conflict, they are at the same time elements of character development with relation to the way that Sartoris views his surrounds, his role in the family, and the level to which he will allow these things to continue before making a stand based on his own convictions. What is intriguing about the development of both of these themes is the fact that they are so inexorably linked. Without Sartoris clearly defined conscience, there would be little if any of a conflict between Sartoris and Abner. Without a broken family suffering under the dictatorial rule of a maniacal father, there would be little room to development on the emotions of frustration, rage, anger, regret,

Airframe Structure Failure and Survivability Essay Example for Free

Airframe Structure Failure and Survivability Essay There are many different variables that come into play during an aircraft accident. It is an investigators job to find out what caused the failure. Failure of an aircraft primary structure is ranked high on the list of risks aircrews would rather not face. Mechanical component failure which can lead to loss of control of the aircraft is not far behind. Another issue which must be addressed in any aircraft accident is the question and of crash survivability. Even if no one was injured the investigator must find out what worked and what didnt. If there were injuries, several questions should be asked. The chapters I will be covering will give the investigator a look into what causes structural failure, and how to determine crash survivability. An aircraft accident investigators job is to determine what caused the crash. Structural failure is a vital part of the investigation. The term structure failure means where the material fails to carry below it was intended to carry. A structure can fail in one of two general ways. One way is it can be fractured, which means broken into two or more pieces. Another way is when the structure shape is changed so that it can no longer carry its load. With this kind of failure, the structure is still in one piece. It could be bent, stretched, corroded, or so worn that it can no longer do its intended job. Over the next few pages, I will be going into detail about the different ways structures can fail. There are many reasons why an airplane structure can fail. As I have just gone over a few in the last paragraph, there are many different ways this can happen. In chapter 35, the book talks about overload. This is, when an in-flight load exceeds the weight the part was designed for. All structures to include bridges, buildings or airplanes are created to withstand only specific loads. It is unrealistic to assume that airplanes can be designed and built to withstand any conceivable load it can experience. If a structure is exposed to a load greater than which it was designed for, it will structurally fail. Be it deforming, or fracturing into two or more pieces. These are two general reasons why aircraft structures fail. Aircraft structures are designed to withstand loads generated by air at some maximum airspeed and the loads generated while maneuvering at some G load. Most aircraft can be flown at speeds and G loads which can place excessive loads on the aircraft structure. Aircraft that is directly exposed to onrushing air could be damaged as the dynamic pressure of the air stream is converted to static pressure pressing inward on the structure. Excessive speed can reduce the airplanes stability. The bottom line is that a lot of bad things can happen when an aircraft exceeds it’s redline airspeed. One of the clearest reasons for failure of a structural component is that the component lacked the proper strength to withstand the loads created while the aircraft is flown at its normal operating limits. There are numerous reasons why a structural component could be understrength. It is possible that the engineering of the structure was inadequate. The designer could have possibly made an error which was not caught during the testing phase. Another reason could be that wear and tear caused a weakening to the structure. Service life issues are normally divided into four sub areas; fatigue cracking, corrosion, wear and creep. The four of these progressive failures which cannot be undone as the aircraft accumulates flight hours ground-air-ground cycles. An aircraft structure can be weakened in a somewhat short period of time. Exposure to heat can greatly reduce a metals strength. For example, some aluminum alloys that are exposed to temperatures of 400Â ° for 5 minutes can reduce the alloys strength by 80%. Jet engine hot sections and compressor bleed airlines are made of materials such as stainless steel or titanium alloys which maintain most of their strength in relatively high temperatures. This problem happens when structure which is not been designed for high temperature is exposed to high temperatures. Some aircraft which can reach high supersonic speeds require the leading edge structures to be able to withstand the extremely high temperatures generated at these speeds. There are two general areas when it comes to aircraft structures. You have a primary structure, and a secondary structure. The primary structure is parts of the aircraft that are necessary to safely fly its mission. The following components are normally considered to be part of the primary structure: wing structure, fuselage structure carrying flight, ground and cabin pressurization loads, empennage, landing gear structure, engine mounts and supporting structure. The primary structures can be further sub categorized as either critical structure or principal structure elements. Critical elements are those whose failure would result in catastrophic failure of the aircraft. Principal elements are those that contribute significantly to carrying flight, ground and pressurization loads whose failure could or could not result in catastrophic failure. The following components are considered to be the secondary structure: aerodynamic fairings, tail cones, and landing gear doors. There are other mechanical components which carry flight critical loads. Even though these components have failure modes that are closely related to those exhibited by the primary and secondary structures, they do not fall into either of those categories. Components like hydraulic pressure lines, drive shafts, electric alternators, and gear teeth in transmissions all have modes of failure which can give clues concerning the nature of the loads which caused them to fail. In aircraft accident investigator will have a firm understanding of the loads that airplane structured caries and the physical evidence that these loads leaves behind when they fail. The many types of loads are vectors and have both magnitude and direction. You can change the load by either changing its magnitude, for example increasing or decreasing the pounds of force being applied, or by changing its direction by applying force upward instead of down. Loads can take a finite length of time to be imposed. Even though loads can be applied in a very short period of time they can be applied or changed instantaneously. The fact that loads take time to apply and or change is important for the accident investigator understand. The book separates loads into three general areas; static loads, dynamic loads, and repeated loads. Knowing the difference between the three types is important because the nature of the load has a lot to do with the failure of the structure and the evidence left behind. If a load were applied so slowly that the structure to which the load was being applied to stayed equal at all times the load would be considered a static load. A static load can be either for short or long period of time. A dynamic load happens when the loads are applied fast enough to prevent the structure from carrying the load while remaining in equilibrium as the load is being applied. Dynamic loads can be divided into two subcategories, sudden, and impact. A sudden load will impose stronger internal stresses in the structure. Components such as landing gear are tested with dynamic loads. Impact loads are applied at faster rates than sudden, causing the structure to fracture almost every time. Impact loads are usually limited to high-speed bird impacts and crash tests. Repeated loads are just like they sound, loads that are repeated over and over again. Due to the behavior of dynamic impacts and longtime static loads, it makes them unlikely candidates for repeated loads. Short time static and sudden dynamic loads can be repeated over and over again. If a component goes through lots of repeated load cycles before it fails due to fatigue cracking it is said to have experienced high cycle fatigue. By lots of cycles the book means hundreds of thousands or millions or tens of millions of cycles. One of the ways investigators look at structure failure is to consider the time it took for the failure to occur. If the failure happened at the instance of a single load, it is called an instantaneous failure. If the failure took a period of time to occur, that is called a progressive failure. If a structural component contained a load that caused significant distortion, but did not exceed the materials yield stress, and the structure springs back to its original shape after the load is removed is called an elastic deformation/distortion failure. Now if the same events occur and the structure does not spring back to its original shape after the load is removed, that is called plastic deformation/distortion. This is a permanent shape change, unlike the elastic which is a temporary shape change. Now if the load reaches the point where internal stresses not only cause significant plastic deformation, they exceed the materials ultimate stress, the structure will then fracture and separate into two or more pieces. This is called a fracture failure. An experienced investigator can tell the difference between the five different types of structural failure. Another form that causes structural failures is corrosion. Corrosion is the natural disintegration of material as it is attacked by one or more substances in its environment. During the refining process, energy is added to metal ores and other raw materials in order to produce the mechanical properties necessary in structural components. Mother Nature the great equalizer, doesnt like variances in energy levels and sets to work trying to bring the material back to the low energy levels existing in the products of corrosion. When it comes to aircraft structural components, mother natures attack will reduce the strength and ductility of components turning strong metals into meek metallic oxides, hydroxides or sulfates. If these compounds are not removed from the structure they can worsen the problem by providing an environment which is ever more favorable to continued corrosion. There are many different forms of corrosion. Some can be the result of a direct chemical attack by reactive substances in the environment. Pitting is a common form of corrosion. Small holes that are randomly located across the metal surface are called pits and sometimes may be accompanied with a powdery residue. Even though pits may appear to have damaged only a small percentage of the surface, they penetrate deeply in a branching matter causing loss of strength and ductility which is way out of proportion to metals surface appearance. Chemical corrosion involves the reaction between a metal structure and some chemical agent. If you introduce corrosive acid on a metal wing, the acid and the metal will react to form new and undesirable compounds. A selective attack is when corrosive actions seem to favor one part of the components or assembly above another. The primary type of selective attack is intergranular corrosion. This type of attack centers on the grain boundaries with in a metal component before consuming the grains themselves. Similar to pitting the damage from this kind of attack causes a loss of strength and ductility which is out of portion the amount of metal that is corroded. Another form intergranular corrosion is exfoliation, whose progress and go undetected until all structural integrity is lost. Grain boundaries attacked by this type of corrosion are normally flattened and or elongated grains of extruded or rolled metals. This type of corrosion can move undetected along the grain boundaries. Slow removal of material from the surface of the component by a mechanical action is referred to as wear. In most cases wear is undesirable, wear during break in on new or overhauled equipment is often a necessary ingredient in establishing proper operation and long service life. The type of wear the book talks about is the kind that leads to premature failure and breakdown. Abrasive wear happens when small abrasive particles cut into and remove material from surfaces of two components which are held together while moving. When this type of wear happens one question an investigator must ask is, where did the particles come from? Adhesive wear occurs when microscopic projections of the surfaces of the two components which are sliding across each other may contact, weld together and break off. A question that an investigator can ask is was the surface lubricated? Erosive wear is similar to abrasive wear in that foreign particles are cutting tiny chunks out of the surface. Its a little different from abrasive wear in that the abrasive particles gain their penetrating energy by a fluid that is carrying them along. How did the particles enter into the fluids is a question an investigator could pose. To prevent structure failure, the components go through an inspection called non-destructive inspection (NDI). NDI are inspection techniques which will not do significant harm to the object being inspected. Other names for this type of inspection is called non-destructive evaluation (NDE) or non-destructive testing (NDT). There are six specific techniques for these inspections. First, visual inspection is the simplest form and most common of the NDI process and uses your God-given gift of sight. To assist this type of inspection, illumination, magnification, and remote viewing are used to help. Another type is dye penetrant. This inspection is used to detect small surface cracks and discontinuities which may not be visible during strictly visual inspections. This technique is simple, but time-consuming. The component being inspected is covered with a colored liquid which is absorbed into surface cracks. The liquid includes a phosphorescent material which when exposed to ultraviolet light glows in the dark so small surface cracks are visible to the naked eye. Magnetic particle inspection provides another way to assist the eye by increasing the conspicuity of a surface crack. This process requires more specialized equipment then the dye penetrant process, it makes the crack even more obvious if properly used. This inspection makes use of the fact that when a magnetic field is induced in a component made of Ferro-magnetic material, surface cracks will alter the components magnetic field. When magnetic particles are placed on a magnetized surface it will align themselves along the magnetic field showing any variations caused by the cracks. If the magnetic particles are phosphorescent and viewed in a dark room under an ultraviolet light pattern around the cracks will be more visible. Eddy current is the first technique that is discussed that does not require direct viewing of the crack. This process involves the use of a probe to generate both an electromagnetic field and sense and evaluate the Eddy current generated in the material being inspected. When either or surface or near surface cracks are in the material it will alter the shape of the Eddy current and magnetic field it generates. This can be as simple as a twitch on a meters needle. The equipment needed for this type of inspection must be calibrated for the specific design being inspected and the size of the crack being search. Ultrasonic inspections make use of high-frequency sound to find surface and subsurface defects. The high-frequency sound waves are generated by a transducer and then beamed through the part being inspected. The reflective waves or the remnants of waves which penetrate the part are being measured with a receiver and electronically evaluated. There are two different ways the sound waves can be applied to and retrieved from the part being inspected; immersion of the part into a fluid which carries the sound waves to and from the part and direct contact inspection where the transducer and receiver are in direct contact with the part. The direct contact technique is much more mobile allowing use in the field of the aircraft or major fabrications. Radiographic inspection in its simplest form is not much different than that of an x-ray. Very short wave electromagnetic radiation are generated and directed through the part being inspected and towards unexposed radiographic film. Rays passing through cracks, flaws, voids and corroded areas will not be attenuated as much as raise passing through sound material. To the untrained eye, cracks, flaws, voids and corrosion may appear to be just another shadow on the film. Orientation of the x-rays so as to illuminate the discontinuities and proper interpretation of the film are therefore important aspects in ensuring the thoroughness of the inspection. One of the issues which must be addressed in any aircraft accident is a question of crash survivability. Even if no one was injured, the question of what worked and what didnt work should always be asked. Did the restraint systems operate as designed? Whether or not escape hatches were needed, could they have been opened if needed? Did the emergency lighting system work? How crash survival equipment is designed is based on experience, history, and sound engineering judgment. To know if these components work correctly design requires an accident for verification. The accident is a chance to validate our judgment and we cannot afford to pass it up. To make investigation of aircraft crashes a little easier requires a systematic approach by breaking down a complicated series of events into smaller, more digestible bites. The approach chapter 36 goes over is the CREEP method. CREEP stands for: Container, Restraint, Energy absorption, Environment, and Post-crash factors. The first four of the five CREEP elements relate to the dynamic portion of the crash itself. These four factors are concerned with the initial and any subsequent impacts with the terrain, the associated deceleration forces acting on the aircraft and its current occupants, and the deformation and dislocation of aircraft structure and its contents. The fifth factor relates to the occupants attempts to egress the aircraft before suffering additional injuries not directly resulting from the dynamic portion of the crash. In order to survive a crash it is first necessary to provide a living space for the occupants during the dynamic portion of the crash. If the space is crushed or punctured, the chances of survival fall drastically. This factor is container. Now if the occupants have been provided with adequate living space, the next series of questions should deal with the restraint of the crew and its passengers and equipment and components around them. Occupants of any moving vehicle must be protected from injuring collisions with in the vehicle, for example being thrown against the sides of the living space or having objects such as cargo or equipment thrown at them. The strength of all restraints should be sufficient to prevent injury at the force levels which can be expected during the most severe but survivable crash. The investigator should examine all restraints system failures to determine if there failure contributed to injuries experienced by the crew or passengers. The deceleration forces created during a crash may be high enough to cause fatal or serious injuries, even if a safe living space, adequate crew and passenger restraints, and a delethalized flailing envelope are provided. Since crew and passenger bodies are not strongly attached to the airframe, the design of the aircraft structure and seeds may cause the acceleration forces experienced by the crew and passengers to be either amplified or attenuated. A soft deep seat cushion can greatly amplified the vertical Gs experienced by someone sitting in the seat. The deep seat cushion deforms at high loads absorbing energy as it gives can greatly reduce the vertical crash loads to which a seat occupant is subjected. Hopefully, the designers will build a secure box around the crew and passengers and secure them to it. Although we may be able to restrain the torso, it is normally impractical to secure the head and limbs of the crew and passengers. The volume through which the unrestrained extremities can be expected to move shouldve been the legalized to the maximum degree possible. Obstructions which could cause injury should either remove from within the flailing envelope or padded to reduce the severity or probability of injury. This is the environment that the creep method covers. All too commonly, crew or passengers survived the dynamic portion of the crash, only to suffer additional injuries or death when they are unable to safely exit the aircraft in a timely manner. The two primary factors in the causation of fatalities during otherwise survivable crashes is, post-crash fire and inability to quickly exit the damaged aircraft. Fire is the most significant post-crash hazard by a long shot. Not only can the fire kill and injure directly through heat, the toxic fumes and smoke produced when material and the aircraft interior burn are more often the direct cause of death. This post-crash condition is a top priority in controlling to prevent death. Design of airplane exits is predicated on the normal parked attitude and configuration. Obviously, this is not always the case. Sometimes occupants will have to exit from an airplane that is an abnormal attitude and perhaps in a very unusual configuration. Part 125 airplanes have specific emergency exit acquirements levied on them, many general aviation airplanes have only one exit which can be easily jammed in the airplane ends up inverted. In conclusion, nobody is expert on all types of structural failures. With so many different variables, it takes a highly detailed investigator to pinpoint what kind of failure causes a crash. And without a systematic approach of investigation of a crash, the investigators are left with an accident that is difficult to determine whether or not the occupants should have survived the impact.

Scheme of Remedies for Misrepresentation

Scheme of Remedies for Misrepresentation In pre-contractual negotiations, one party (the Representor) may make representations to another party (the Representee), which relate, by way of affirmation, denial, description or otherwise, to a statement of fact or present intention. If the representations made are untrue, they may be termed misrepresentations. The Representor may know that the statements are untrue; or they may be careless or reckless as to their truth. Alternatively, the Representor may hold an honest belief as to truth of the statements made. Generally there is no positive duty to act honestly in English Law a misrepresentation cannot be made by silence and even where one party proceeds, fully aware that the other is contracting on the basis of a misunderstanding of some fact, English law does not provide for a remedy. The exceptions are where the facts given are a half-truth, or where a statement is made, circumstances change and the maker of the statement fails to disclose this. Further exceptions are where a contract, such as one for insurance, is treated by the law as being of the utmost good faith and requiring the contracting party to disclose all relevant facts; or where the contract involves a fiduciary relationship such as between a company and its promoters. European Law, by contrast, imposes a positive duty to act in good faith and fair dealing, both during the course of negotiations and where a contract is concluded. It allows avoidance of the contract for fraudulent (deceitful) non-disclosure of information which, in accordance, with the principles of good faith and fair dealing, a party should have disclosed. The duty extends to situations where a contract is not even concluded: for example, where negotiations break down, or where one party is time wasting. This positive duty to act in good faith is common in other jurisdictions, including some common law systems. The scope of remedies for misrepresentation in English law depends on the type of misrepresentation that has occurred. Where the misrepresentation is fraudulent, the law sees the Representor as more blameworthy and the level of damages is not limited by, for example, remoteness, the duty to mitigate, and contributory negligence. The reasons for imposing wider liability on the intentional wrongdoer than on the innocent misrepresentor are certainly moral, but as Lord Steyn notes, the law and morality are inextricably interwoven and, to a large extent, the law is simply formulated and declared morality. It seems ironic, therefore, that there is no remedy whatsoever are where one party deliberately fails to disclose a material fact: an action that is intentionally dishonest, immoral and surely equally blameworthy. To be blameworthy means to be at fault or deserving of blame: from a moral standpoint, it implies conduct for which a party is guilty and deserves reproach or punishment. However, there is a logical consistency to, and a general policy of, not punishing intentional wrongdoers by civil remedies in English law: the primary remedy for civil wrongs is to provide compensatory damages, measured by the claimants loss; and the aim of providing a remedy, frequently cited, is to put the claimant into as good a position as if no wrong had occurred. However, the principles by which the remedies for fraudulent misrepresentation have developed do appear to go beyond this, having a punitive nature in their application. Fraudulent Misrepresentation Where the Representor makes a statement of fact (or a statement of intention, which involves a representation as to the existence of the intention which is itself a present fact) either knowingly, without belief in its truth, or recklessly, i.e., careless as to whether it is true or false, and this fact, being material, induces the other person to enter into the contract, this is a fraudulent misrepresentation. It does not matter that the Representee could have discovered the truth or spurned the opportunity to do so. The test as to whether fraudulent misrepresentation has taken place is whether there is an absence of honest belief; and honesty in this context refers to a subjective appreciation of events. The fact that the statement would not convince a reasonable person does not necessarily make it dishonest; however, where the statement is made recklessly or carelessly, the Court may make a finding of dishonesty, in that the person in question could not reasonably have believed in the truth of their statement. In all cases of fraudulent misrepresentation, however, dishonesty is a crucial factor damages cannot be claimed in deceit on the basis of recklessness alone since the basis of deceit is dishonesty. Where the misrepresentation is fraudulent, the Representee may rescind the contract a remedy available for nearly all types of misrepresentation and he may also recover any benefits that the Representor has enjoyed as a result of the contract being made, prior to the contract being rescinded. The Representee may also claim damages in the tort of deceit, and as noted, the damages are intended to restore the victim to the position he was in before the representation was made. The test for damages in fraud is one of direct consequence, rather than foreseeability, with damages being divided into two categories diminuation in value and consequential losses. Similar to damages for negligence, the House of Lords have confirmed that the Representor will be responsible for a sum representing the financial loss flowing directly from his alteration of position under the inducement of the fraudulent representations of the defendants. Unlike for negligence, however, the damages do not need to be foreseeable; as long as they have been caused by the transaction. This demonstrates that the Representors blameworthiness is important since the benefit of limiting liability to only foreseeable damages is not permitted to the dishonest person as it would be if the representation was made negligently: per Lord Denning in Doyle v Olby, it does not lie in the mouth of the fraudulent person to say that they could not have been reasonably foreseen. This decision was reaffirmed in Smith New Court. Further, the fact that the Representee had every opportunity to avoid the contract or transaction in question, or could have taken proceedings to rescind it, or asserted his rights to have it treated as void in proceedings brought to enforce it, does not bar his claim for damages. Once again, where dishonesty is involved, the law does not allow the misrepresentor any opportunity to reduce his liability, even where there is fault on the part of the Representee. Similarly, the contributory negligence of the Representee does not apply to reduce damages for the tort of deceit. Again, this feature has been applied because the tort involves dishonesty; regardless of the contributory negligence of the Representee, the Representor will have to pay for all damages because the law views him as blameworthy and cannot justify restricting his liability as a result of this. The Representee may also claim for consequential losses, although he is obliged to take all reasonable steps to mitigate those losses on discovery of the fraud. The type of damages that may be awarded to the Representee may include both special and general damages, as for A v B, where the claimant Representee was entitled to an award of  £7,500 in respect of general damages for distress even though his distressed state had not required medical attention. Although the potential heavier damages available to claimants may make a claim in fraudulent misrepresentation seem more attractive, it may be difficult to prove the Representors dishonesty and failure to succeed may result in an action for defamation; a claim under Section 2(1) of the Misrepresentation Act 1967 (MA1967) is more likely to be pursued for these reasons since the remedies available are similar. Negligent Misrepresentation The misrepresentation may alternatively give rise to an action for damages in the tort of negligence, if the statement is made (a) knowingly, (b) without belief in its truth or (c) recklessly, careless whether it be true or false; and a special relationship exists between the parties. A finding of dishonesty is not necessary: provided that it can be established that there is reasonable foreseeability of reliance on the statement and of the harm caused by that reliance. As established in Hedley Byrne, the Representor has a duty of care to do all that is reasonable to make sure their statement is accurate, regardless of the existence of a fiduciary or contractual relationship; only a sufficient degree of proximity between the parties is necessary for an action to be sustained. Such proximity would arise in professional relationships, such as those made with barristers and estate agents, and also in purely commercial transactions where the Representor has superior knowledge and experien ce to that of the Representee and it is reasonable for the Representee to rely on statements made by them. In all cases, it must be just and reasonable for the duty of care to be imposed. The remedies available to the Representee are rescission of the contract and damages in the tort of negligence; and, unlike a claim for fraudulent misrepresentation, damages will be subject to a test of reasonable foreseeability. The Court may however take account of benefits that the claimant has missed out on as a result of the misrepresentation. Despite the difficulties in establishing negligence, it should be noted that actions for negligent misrepresentation have the advantage that they are not limited to misrepresentations that induce contracts; nor are they limited to statements of fact. A parallel can be drawn with principles of European law, which recognise liability for losses during the process of negotiation, even if a contract is not made. However, whereas for negligent misrepresentation in English law a duty of care must be established, in European law no such duty is required. Such losses in European law include those incurred as a result of failure to act in good faith and fair dealing; a positive duty imposed on the parties, which may include failure to disclose pertinent information. Section 2(1) Misrepresentation Act 1967 More commonly, an action for misrepresentation will be made under Section 2(1) of the MA1967 where the misrepresentation results in a contract. Unlike an action in negligence, which requires the Representee to prove that a duty of care existed, the burden of proof is reversed: the Act requires that the Representors prove they had reasonable grounds to believe, and did believe up the time the contract was made, that the facts represented were true, and unless they can do this, they will be liable. This can be difficult to prove: a mere honest belief is not enough. Remedies available to the Representee are similar to those available for fraudulent misrepresentation unless the Representor is able to discharge this burden of proof (and if the Representor can discharge the burden, the Representee may still plead innocent misrepresentation with its consequent remedies). Effectively then, per Royscot Trust Ltd, damages in respect of an honest but careless representation are to be calculated as if the representation had been made fraudulently: this has attracted much criticism as it means in effect that the Courts are required to treat a person who is morally innocent as if he was guilty of fraud. However, under Section 2(1) the loss recoverable does not go beyond the consequences that arise from the negligent misrepresentation: this is narrower than the recoverable loss permitted for fraudulent misrepresentation per Doyle v Olby. In addition, unlike damages for fraudulent misrepresentation, the Court may reduce the sum if there is evidence of contributory negligence on the part of the Representee. The damages under Section 2(1) will be based on direct consequence (as for the tort of fraud/deceit) rather than what was reasonably foreseeable (as for the tort of negligence). In Royscot Trust, the Court of Appeal held that the correct measure of damages was based on the tort of deceit and that the Plaintiff was entitled to recover all losses even if those losses were unforeseeable, provided they were not otherwise too remote. Therefore, the measure for damages for innocent misrepresentation under Section 2(1) is the same measure as for fraudulent misrepresentation. This has since been questioned, however, and in Smith New Court Securities, Lord Steyn asked whether it was correct to treat a person who was morally innocent as if he were guilty of fraud when it comes to the measure of damages. This measure seems incorrect: especially as, per Avon v Swire (where representations as to the future were presented as statements as to existing intention), the section may be used to produce damages on a scale commensurate with fraud where otherwise the contract would allow no damages in the event of breach and there would be no damages for negligent misrepresentation in tort. Innocent Misrepresentation Where the statement made is innocent, in that there is no provable fault, the remedy is rescission of the contract unless the Court awards damages at its discretion under Section 2(2) MA1967; alternatively it may award rescission with an indemnity; the aim of the Court in all cases being not to unjustly enrich the Claimant. The equitable remedies that the Court may award discretionarily may include the setting aside of a deed or other instrument and the restitution of property, with any pecuniary adjustment that might be necessary on either side by way of accounting for profits or allowance for depreciation. Although there is no indication as to the level of damages, it is considered that this should be lower than the damages awarded under Section 2(1), as implied by Section 2(3). The Court exercises its discretion in accordance with the principles of equity and so there may be no remedy offered if the facts as a whole make it inequitable to grant the relief, or if there is improper conduct or suggestion of a harsh bargain on the part of the Representee. Mispresentation and blameworthiness: considerations It has been noted that misrepresentations can be made intentionally, carelessly or recklessly, or innocently. In each case, there is a remedy for the Representee; but the value of that remedy varies based on several factors. We have seen that where fraudulent misrepresentation is proved (for which dishonesty is required), the level of damages awarded may be far greater than for other types of misrepresentation: the Representor must pay all financial losses flowing directly from the misrepresentation. There are few limits to this: the damages do not need to be foreseeable and matters of the Representees conduct, such as the fact that he had the ability to avoid the contract or to discover the dishonesty, does not bar his claim. Similarly, his contributory negligence is irrelevant to the calculation of damages. The only restriction is that Representee needs to take reasonable steps to mitigate his consequential losses. Following the recent case of A v B, we have also seen that general damages may be available for distress suffered, even though this is not medical. Under the MA1967, we have seen that a Representee can claim damages on a scale commensurate with fraud even where the representation was innocent, although these will be limited by any contributory negligence. It seems unjust that the Representees contributory negligence is ignored in fraudulent misrepresentation: this is fault per se on the part of the Representee and if the reason for allowing wider damages is blameworthiness, surely the blameworthiness of the Representee must also be a consideration. The European approach of considering all circumstances, including, but not limited to, whether the Representee could reasonably acquire the information, seems fairer. The flexibility of this approach, in contrast to the unlimited scope of damages in English Law permitted for fraudulent misrepresentation, may demonstrate a better approach to the calculation of damages. The European approach may be contrasted to awards made for innocent misrepresentations in English law, which follow equitable principles; in such cases the conduct of all parties is taken into consideration before reaching a decision. The fault of both parties is balanced in order to reach a decision that is fair to both, and such a system would make a more just compromise between the heavy benefits of a successful claim for fraudulent misrepresentation. It has also been noted that it is entirely illogical that the law should take such an iron-handed approach where the Representor makes a positive statement which he knows to be incorrect; but provide no remedy whatsoever when the same person dishonestly fails to disclose a material fact that he knows would have a material bearing on the contract. James notes that the EU is taking tentative steps towards the abolition of national contract laws of member states, and the replacement with a single European code. If this happens, we will see the introduction of a positive obligation to act in good faith, both in pre-contractual negotiations and in the formation of contracts. This obligation on contracting parties to be open with each other in negotiations is foreign to English law; it has previously been avoided because of principles of contractual freedom and economic efficiency. However, a model which requires honesty and diligence on the part of both parties, and provides for remedies to either party where there is a loss to be made good, with each partys conduct assessed for fairness, seems a far more balanced approach than the present system of remedies in English law for misrepresentation, and accords more with the principle of restitutio in integrum that is inherent throughout our contract law system.