Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
However prior to the modern understanding of Consumer Rights there was a understanding of Caveat Emptor – Buyer Beware –this has been a fundamental premise of consumer wellbeing prior to World War ‖ , relation to transactions, principle that the buyer purchases at his own risk in the absence of an express warranty in the contract . This common law rule assumes that buyers and sellers are in an equal bargaining position. However there has been evident change in consumer rights which have contributed to the precedence of using Caveat Emptor is no longer acceptable, apparent in the case ACCC v Hewlett Packard Australia (HP), illustrated that no longer can a company ...
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
In the article “What Your Selfies Say About You” by Peggy Drexler, she talks about self-portraits also known as the “selfie”, and how it has taken over social media and added a manifestation to society’s obsession with looks. Taking a self-portrait can be positive in the sense that you are proud of your image and are not scared to share it with others helping boost up your self-esteem. Although this may help others by persuading them to not be ashamed to share their true image, Drexler believes this can also affect other individuals whose focus is only on looks making them feel self-conscious about their looks. A recent study out of the UK found that the selfie phenomenon may be damaging to real world relationships, concluding that both excessive
Tuberculosis is a bacterial infection that no one ever wants to encounter. This infection is very dreadful and can lead to death. Tuberculosis has been around for a very long time it used to be called “consumption” because the infection would consume who ever had the disease. Tuberculosis is sometimes called TB for short. Tb is a very contagious disease that is caused by bacteria that takes over the lungs. TB can spread all over the body and affect the brain and the spine. The type of bacteria that causes this infection is
Bartlett’s theory of reconstructive memory (1932) suggests that we tend to see and in particular interpret and recall what we see according to what we expect and assume to be normal in a given situation, which certainly questions the reliability of eye witness testimony.
Today schools are changing to integrate the 21st century. Therefore, it is imperative that educational administrators are aware of the legal framework facing the issues in schools. There are many issues the administrators will face and they must know the constitutional rights of individuals and the school. The Constitution contains the laws of the United States.
Tuberculosis (TB) is the most common disease worldwide which caused by Mycobacterium tuberculosis. With close to 10 million new cases per year, and a pool of two billion latently infected individuals, control efforts are struggling in many parts of the world (The bacteria usually attack the lungs, but they can also damage other parts of the body (Comas and Gagneux, 2009). It is important for a nurse to understand how tuberculosis develops, how to diagnosis, treatment, and prevent.
Tuberculosis or known as TB remains a leading cause of morbidity and mortality in the world, especially in developing countries. A combination of factors including high costs, limited resources and the poor performance of various diagnostic tests make the diagnosis of TB difficult in developing countries. According to Centers for Disease Control and Prevention (2014), one third of the world’s population is infected with tuberculosis. In 2012, nearly nine million people around the world become sick with tuberculosis disease, and there were around one point three million TB related deaths worldwide.
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
There you are holding your camera an arm’s length away from your face, posing in the most flattering position to capture your best angle. There you are taking a photo of yourself to share with all of your Facebook friends. Taking a self-portrait photo, also known as a selfie, is something almost everyone has done in this new generation. This action is typically done without a second thought. In Alex Williams’ article “Here I Am Taking My Own Picture” that second thought is provoked through exploring the quickly spreading trend of self-portrait photography. In the article while Williams’ provides interesting examples on a changing generation as this trend progresses through social media and modern technology; Williams also leaves something to be desired within the article due to a lack of direction in the author’s stance on the topic.
Tuberculosis is sometimes called disease of the poor, poverty restricts lots of people to live in a small space, leading to overcrowding. Smaller spaces increase the possibility of M. Tuberculosis to spread and infect an individual. Also immunocompromised individual are susceptible to acquiring tuberculosis. For example, HIV patients, malnourished individual are more susceptible to tuberculosis compared to the average healthy individual. People that are constantly in close range to infected individual are at higher risk of getting infected because, they are more likely to share and breathe the same air. This will lead to inhalation of M. Tuberculosis and might eventually lead to tuberculosis.
The ‘Two Pills’ scene takes place in an abandoned building, which fits with the rest of the movie, as the ‘world’ is empty and people are not living in the real world (The Matrix, 1999). The dark walls and the unused fireplace create this feeling of desertion; seen as creating a sense of revelation (Dix, 2008). The darkness that is created behind the characters means that the light that they are in, highlights their importance and is done to reinforce this factor throughout the film (Bordwell & Thompson, 2008). This style of the setting is paramount for the genre of film – action sci-fi - and the story that is ‘The Matrix,” it is expected that most scenes would have an eerie, deserted and uncomfortable feel about them (Lacey, 1998).
The Purpose of this research paper is to explore the possibilities in virtual reality that helps with education. Is it possible to use virtual reality in the educational system? What does it bring to the table that conventional teachings do not? What other devices are coming to the market that can be used? In this paper we will also be looking at few examples of virtual reality video games that are now used in the glass room or are about to be.
Where did the concept behind the Selfie begin? The idea of self-portraiture has been around for hundreds of years. Although the concept has been around as long as art itself has been around, self-portraits did not become a major component of art until the Renaissance. In fact, Jan van Eyck is considered to have produced the first true self-portrait in 1433. Why might this be important to the understanding of the Selfie? Although the Selfie’s rise to infamy did not begin until the creation of the front-facing camera by Apple, the concept of the Selfie began in the art world. Many may recognize the giants of the self-portrait, like Vincent van Gogh or Andy Warhol, but few may know the reasoning behind creating these expressions of self. Theses
You are 10,000 feet in the air, the skydiving instructor yells for you to jump, you push yourself into the open air, you freefall for 10 straight minutes as the air pushes against your face, as you land, you remove your virtual reality goggles and you are back in your cozy living room. Alright we may not be at this point yet, but this could be how we entertain and thrill ourselves in the near future; the full implementation of virtual reality into our daily lives. As soon as I found out about virtual reality, I was entirely intrigued. The idea that you could experience anything without having to leave your home enticed the adventurer in me. We will explore the history and progression of virtual reality and discuss the pros and cons of the emerging