Michelangelo Essay Example | Topics and Well Written Essays - 750 words

Michelangelo - Essay Example Michelangelo spent a year with Ghirlandaio, and then his apprenticeship was broken off. He got access to the collection of ancient Roman sculpture of the ruler of Florence, Lorenzo de’Medici. Michelangelo lived with Lorenzo’s family and became like a son to him. The death of Lorenzo in 1492 was a very painful moment in the artist’s life. Soon after Lorenzo died the Medici family lost power and Michelangelo had to flee to Bologna. About the same time Michelangelo studied anatomy at the hospital Santo-Spirito, which helped him a lot in becoming a great sculptor as we know him. Michelangelo created his fist sculpture at the age of 17. That was the Battle of the Centaurs. In 1496 Michelangelo moved to Rome and spent five years there. We do not know much of his life and work at that period of time. There he carved a statue of Bacchus for a bankers garden of ancient sculpture. â€Å"This is Michelangelos earliest surviving large-scale work, and his only sculpture meant to be viewed from all sides.†(Michelangelo Biography, para.5) In 1498 he carved Pieta (pieta is a type of image in which Mary supports the dead body of Christ across her knees), which is now in St. Peter’s Cathedral. When Michelangelo returned to his hometown – Florence - in 1501, he was recognized as the most talented sculptor of the central Italy. He started carving the statue of David for Florence cathedral. â€Å"In the David Michelangelo first displayed that quality of _terribilità  _, of spirit-quailing, awe-inspiring force, for which he afterwards became so famous†¦ He was, however, far from having yet adopted those systematic proportions for the human body which later on gave an air of monotonous impressiveness to all his figures. On the contrary, this young giant strongly recalls the model; still more strongly indeed than the Bacchus did. Wishing perhaps to adhere strictly to the Biblical story, Michelangelo studied a lad whose frame was not developed."(Symonds,

The Importance of Being Earnest, Marriage and Respectability Download this essay Print Save Essay Example for Free

The Importance of Being Earnest, Marriage and Respectability Download this essay Print Save Essay In the Victorian times respectability was very important and you were only really respected if you were in the Upper Class. An example of this is in Act 1 when Lady Bracknell is questioning Jack Worthing about his life, upbringing and income. She starts off by telling Jack that she has the same list as the dear Duchess of Bolton, so she is instantly trying to make Jack respect her and almost worry that he isnt good enough for Gwendolen and therefore her questions might be personal and therefore he might just want to go and not waste her time. The way she talks by talking about her own personal opinion about the question she is about to ask before she has asked it, so its almost pressurising Jack into saying a similar answer to stay on her good side. But the way she talks shows how she thinks she more important than Jack and she is trying to find faults. When she starts asking about his housing she asks where and what number Jack lives at and when he replies 149 she shakes her head, saying The unfashionable side. I thought there was something. This shows that she has been trying to find faults, maybe because she does not think he born in to a high enough class to be allowed to marry Gwendolen. When she does find a major fault she sounds disgusted as her sentences have become just a word or two long. Found, A handbag?. As Jack has some faults Lady Bracknell basically says no, you cant marry Gwendolen because she doesnt think that he has enough respect to become her son-in-law as he might end up with people not having as much respect for Lady Bracknell. Although when Lady Bracknell finds out about Cecily Cardew, his ward, she instantly has respect for her, because while she was questioning Jack about her she asked whether Miss Cardew has any little fortune but when she finds out that Cecily has about a hundred and thirty thousand pounds in the Funds, Lady Bracknell sounds shocked that a young girl is to be in possession of that amount of money, she then almost turns back on all she had previously said by going Miss Cardew seems to me a most attractive young lady, now that I look at her. Although near the end of the play you discover that before Lady Bracknell married Lord Bracknell she had no fortune of any kind, when you read this you discover that Lady Bracknell would have had no respect and throughout the play she has been hypocritical towards the other characters. This also shows Lady Bracknells views on marriage as she is very reluctant to let Gwendolen marry Jack, as she doesnt think he is respected enough nor has enough money to be part of her family. So basically Lady Bracknells views on marriage are that the parents must choose the husband of their daughter, and make sure that he is respectable, has a good fortune, well known family background and many homes in expensive areas. Although it turns out that Lady Bracknell would have previously hoped that the families she hoped to marry into wouldnt mind the fact that she was poor and had no respect. It also shows that since she has married Lord Bracknell she has been influenced to think the opposite to what she would have done previously. Algernons views on marriage arent very good at the beginning of the play as he thinks that a man that marries without knowing Bunbury has a very tedious time of it, and that in married life three is company and two is none. So basically Algernons imaginary invalid friend Bunbury has been made up so if he ever does marry he can escape his wife and family and see other women as he would tell his wife that Bunbury is under the weather, therefore the three is company and two is none is just simply saying that you can get easily bored with having just woman in his life, but having two is different and you can alternate between two women. Also at the beginning of the play Algernon asks his servant Lane why it is that at a bachelors establishment the servants invariably drink the champagne, Lane replies by saying that the quality is better in a bachelors house than in married households as in married households, there are other things the man has to spend his money on like wife and children , so the quality of champagne isnt as expensive or of a first-rate brand. After that Algernon thinks that married life is an unpleasant experience as he has to spend more money, and the champagne isnt as high quality. Later on in the play, towards the end Algernon stands up to his Aunt Augusta (Lady Bracknell) by saying that he doesnt care a twopence about social possibilities, so Algernon is saying that he doesnt mind if he looses respect by marrying Cecily because he loves her. He has also killed off Bunbury by this point, I think maybe because he has never been in love properly before, and he always thought that marriage was a bad thing, but his family would expect him to get married, therefore he created Bunbury so he could still leave a bachelor style life on the side. But by killing Bunbury its made you feel that Algernon is serious about marriage and wants to be with one woman, Cecily. I also feel that near the end of the play when it is discovered that Jack is really Algernons older brother, he has become a bit jokey with Jack as he calls him old boy, but I think that Algernon feels that he is in a higher class than Jack still, even though they are brothers as he then calls him my dear boy, so Algernon isnt treating Jack with much respect there. I feel that Algernon likes to be respected, but doesnt like to respect other people. Gwendolen is mainly respected because she is part of the Bracknell family, who seem to be rich with a large house, and her mother wants the best for her. She is also old fashioned when it comes to a marriage proposal, as Jack says we must get married at once and although Gwendolen has practically said yes she insists that Jack proposes properly by getting down on one knee and asking Gwendolen, will you marry me? Of course Gwendolen says yes. We learn that when Gwendolen was a little girl she had dreams of marrying someone called Ernest, and thinks that the only safe name is Ernest. She also mentions that the first time she heard that Algernon, her cousin, had a friend named Ernest, she knew she was destined to love him. Although Gwendolen isnt the most intelligent woman as she really doesnt care about money, appearance or lifestyle, as long as the man she is with is called Ernest. Cecily is very similar to Gwendolen as she also had a childhood dream of marrying a man named Ernest. She also doesnt care about how much money or power the man has as long as Ernest is his name. When she found out that Jack had a brother named Ernest she was excited and interested about meeting him, and had already decided that they were engaged. Cecily has also planned out what Ernest (Algernon) has given her, this is the little bangle with the true lovers knot I promised you always to wear, this is the box in which I keep all your dear letters. Cecily have sent herself gifts and letters pretending that she herself is Ernest and has kept them all, when Ernest sees all these treasures he seems quite shocked but doesnt want to hurt Cecily, because his main intention is to marry her.

Handedness and Lateralization

Handedness and Lateralization Handedness and Lateralization Cortical Organisation and Lateralization Of The Brain In Handedness And Dominance According to Annett most people in our society define handedness as the hand that you use for writing (1970). Researchers define handedness as the hand that performs faster or specifically on physical tests. Paul Broca (1979), suggested that a persons handedness was opposite from that specialised hemisphere (so a right-handed person probably has a left-hemispheric language specialization). However, a majority of left-hemispheric brain specialise for language abilities. Many researchers have try to this correlation between handedness and brain lateralisation. The key reason that hand-brain link is important and is an accepted methodology is that clinicians use handedness as a marker for brain lateralization. Language is a distributed cerebral network with differences in area involvement that relate to specific language functions (Frith et al., 1991). Vital regions in network lateralize to one hemisphere and determine lesion (Ojemann, 1991). In most people this lateralization is to the left. The only consistent information on the variability of hemispheric control between individuals are aphasias following a stroke or hemispheric inactivation by procedure in patients with brain lesions (Wada and Rasmussen, 1960). Pertaining to the unevenness of language control there is a chance of functional hemispheric reform (Rasmussen and Milner, 1977). It assumes that variation from left hemisphere language power is related to a difference like left-handedness. In right-handed subjects there is puzzling correlation of verbal language and hand dominance, both confines to a small area to the left hemisphere (Mayeux and Kandel, 1991). The actual variability of language lateralization in the general popu lation is practically unknown. Evaluations in a representative number of healthy subjects do not exist because, in the past, no technique was available to determine language lateralization effectively and non-invasively. This lack of information has hampered the assessment of language disturbances. There is an ongoing debate on the role of the right hemisphere in recovery from aphasia after left hemispheric strokes (Weiller et al., 1993Go; Heiss et al., 1997Go; Mimura et al., 1998Go). Particularly, in retrospective evaluations it would be important to know how many patients with left hemispheric strokes and transient disturbance of language can be expected to have been right hemisphere language dominant and to have suffered speech impairment due to other, more unspecific causes like decreased vigilance. Moreover, knowledge concerning the exact incidence of right hemisphere language dominance in healthy righthanders would be important for functional neuroimaging studies. Here, due to lack of information, researchers often need to rely on the assumption that restricting examinations to healthy right-handers will control for a possible variability in hemispheric dominance. Recently, a simplified functional imaging technique, functional transcranial Doppler-ultrasonography (fTCD) has become available (Aaslid, 1987Go; Hartje et al., 1994Go; Silvestrini et al., 1994Go; Rihs et al., 1995Go). It allows determination of hemispheric dominance in individual subjects in an effective, reliable and non-invasive way (Deppe et al., 1997Go; Knecht et al., 1998). This technique has now made it possible to establish the variability in the side and degree of language dominance in a representative number of healthy subjects. fTCD measures cerebral perfusion changes related to neuronal activation in a way comparable to functional MRI (fMRI) and 15O-PET (Kuschinsky, 1991Go; Jueptner and Weiller, 1995Go; Deppe et al., 1997Go, 1998Go). fTCD makes it possible to compare perfusion changes (by measuring blood flow velocities) within the territories of the two middle cerebral arteries (MCAs), which comprise the potential language areas (van der Zwan and Hillen, 1991Go). It thus provides an operational index of laterality which, in many respects, resembles the one obtained by the intracarotid amobarbital procedure (Wada test) (Wada and Rasmussen, 1960Go). Determination of language lateralization by fTCD matches precisely both the results of fMRI and the Wada test with concordance in every single case (Deppe et al., 1998Go; Knecht et al., 1998aGo). As in many previous studies of this kind, word generation was chosen as an activation paradigm because it is one of the most effective measures of language production (Neils-Strunjas, 1998Go). On this basis language dominance was determined in a total of 188 healthy subjects. Left-handers were excluded from the study because of possible confounding effects of handedness on hemispheric dominance (Kimura, 1983Go). A careful history for brain damage in the prenatal period or in infancy was taken in order to exclude subjects with possible plastic reorganization of hemispheric dominance after brain lesions (Rasmussen and Milner, 1977Go). The work was part of the Munster functional imaging study on the variability of hemispheric specialization in health and disease (Deppe et al., 1997Go; Knecht et al., 1998aGo, bGo). Hemispheric language dominance was assessed in 188 healthy volunteers with 111 females (mean age 26  ± 5.5 years, range 17-50 years) and 77 males (mean age 27  ± 3.7 years, range 21-40 years). Subjects were excluded if, on a standardized questionnaire, they reported delayed or disturbed language development or a history of other neurological disorders, particularly perinatal asphyxia or kernicterus, head trauma, loss of consciousness, epileptic seizures, meningitis or encephalitis. They were further required to have successfully completed the equivalent of high school (`Realschule or `Gymnasium). Right-handedness was assessed by a handedness index in the Edinburgh Inventory of greater than 30% (Oldfield, 1971Go). Left-handers were excluded from the study, as were right-handers with a score for right-h andedness lower than 30%, because, due to the small number of these subjects, an adequate evaluation of the effect of handedness on language lateralization would not have been possible. Approximately 75% of the subjects recruited had an index of more than 80% right-handedness. All subjects gave informed consent to participate in this study, which was approved by the Ethics Committee of the University of Mà ¼nster. Assessment of hemispheric language dominance was performed by a standardized fTCD technique (used in a number of previous studies) and a word generation task, validated by direct comparison with the intracarotid amobarbital injection and fMRI (Knecht et al., 1996Go, 1997Go, 1998aGo, bGo; Deppe et al., 1997Go, 1998Go). Briefly, subjects were presented with a letter on a computer screen 2.5 s after a cueing tone. Silently they had to find as many words as possible starting with the displayed letter. For fTCD an activation paradigm strongly based on verbal fluency was used, corresponding to the fields of reported female superiority (Basso et al., 1982Go; Pizzamiglio et al., 1985Go). Task performance was controlled by instructing the subjects to report the words after a second auditory signal following 15 s after presentation of the letter. All words had to be reported within a 5-s time period. The next letter was presented in the same way after a relaxation period of 60 s. Letters were presented in random order and no letter was displayed more than once. `Q, `X and `Y were excluded because very few words have these as initial letters. Changes in the cerebral blood flow velocity (CBFV) in the basal arteries were measured as an indicator of the downstream increase of the regional metabolic activity during the language task. Dual fTCD of the MCAs was performed with two 2 MHz transducer probes attached to a headband and placed bilaterally at the temporal skull windows (1Go). Details of the insonation technique, particularly the correct identification of the MCA, have been published elsewhere (Ringelstein et al., 1990Go). The spectral envelope curves of the Doppler signal were analysed off-line with the fTCD software AVERAGE developed by one of the authors (M.D.) (Deppe et al., 1997Go). 1 Schematic diagram of the way language lateralization was determined. Perfusion increases and therefore neuronal activation during word generation were assessed in the vascular territories of the left (marked in red) and right (marked in green) MCAs, which comprise the language areas. This was achieved by fTCD measurements of the CBFV changes in these arteries. Systemic effects were eliminated by calculating the differences in perfusion changes between sides. Averaging the responses over 20 repetitions (on average) in each individual made the results highly reliable. (For details, see Deppe et al., 1997.) After automated artefact rejection, data were integrated over the corresponding cardiac cycles, segmented into epochs which related to the cueing tone and then averaged. The epochs were set to begin 15 s before and to end 35 s after the cueing tone. The mean velocity in the 15-s pre-cueing interval (Vpre.mean) was taken as the base-line value. The relative CBFV changes (dV) during cerebral activation were calculated using the formula: dV = [V(t) Vpre.mean] x 100 / Vpre.mean where V(t) is the CBFV over time. Relative CBFV changes from repeated presentations of letters (on average 20 runs) were averaged time-locked to the cueing tone. The number of repetitions was less than 22, because no letter was presented more than once during the word generation task. A functional TCD laterality index LIfTCDwas calculated using the formula: Statistics The Kolmogorov-Smirnov test was used to assess the hypothesis that laterality indices in males and females were drawn from different populations. Unlike the parametric t-test for independent samples or the Mann-Whitney U test, which tests for differences in the location of two samples (differences in means, differences in average ranks, respectively), the Kolmogorov-Smirnov test is sensitive to differences in the general shapes of the distributions in the two samples, i.e. to differences in dispersion and skewness (Spence et al., 1990Go). The Mann-Whitney test for equivalence (Wellek, 1996Go) was employed to confirm equivalence of laterality indices in men and women. A significant result in this test provides a strong positive measure for a lack of gender differences in laterality indices. We tested the null hypothesis H0: |P[LImale > LIfemale] 1/2| >={varepsilon}versus the alternative hypothesis of equivalence H1: |P[LImale > LIfemale] 1/2| In six of the 194 right-handed subjects determination of language lateralization was not possible due to lack of a temporal bone window, i.e. inadequate ultrasonographic penetration of the skull by the ultrasound beam. In the remaining 188 subjects (59% females, 41% males) the overall distribution of language lateralization was bimodal with 7.5% being right hemisphere and 92.5% left hemisphere language dominant (2Go). The distribution of language lateralization was equivalent in men and women (3Go). The Kolmogorov-Smirnov test did not detect any significant differences between females and males in the overall distribution (P > 0.05). In the subgroup of left hemisphere language dominant subjects, the Mann-Whitney test for equivalence showed equivalence with P The average number of words found during the activation task per letter presented was not statistically different between men and women (Mann-Whitney U test, P = 0.81) or subjects with left or right hemisphere language dominance (Mann-Whitney U test, P = 0.26). It was also independent of the index of lateralization (correlation coefficient r = 0.027). These are the first data on the natural distribution of language dominance in a large series of healthy right-handed subjects. They demonstrate equivalence of language lateralization for word generation in males and females, and they suggest that 1 in 13 healthy right-handed subjects is right hemisphere dominant for language. Methodology There is debate whether language can be treated as a separate mental faculty or should be approached as part of a more general cognitive system (Fodor, 1983Go). Moreover, language comprises receptive and expressive aspects and is intertwined with prosody, memory and attention (Knecht et al., 1996Go; Binder et al., 1997Go). Therefore, the assessment of language lateralization based on a single activation task provides just one index of the interindividual variability in language processing. This approach can nevertheless serve as a first step in elucidating the factors underlying the diversity of large scale neural language organization. fTCD lends itself to determination of hemispheric language dominance. The index of lateralization obtained by fTCD based on word generation is very reliable and closely corresponds to (i) the outcome of the intracarotid amobarbital procedure and (ii) the index of lateralization obtained by fMRI (Deppe et al., 1998Go; Knecht et al., 1998aGo). Other techniques like head turning, event-related potentials, transcranial high frequency magnetic stimulation or the dichotic listening test used for the evaluation of language dominance have so far failed to provide results that are reproducible and in sufficient concordance with the intracarotid amobarbital procedure (Bryden and Allard, 1981Go; Jancke et al., 1992Go; Jennum et al., 1994Go; Segalowitz and Berge, 1995Go; OLeary et al., 1996Go; Hugdahl et al., 1997Go). Unlike the intracarotid amobarbital procedure and as opposed to brain lesions, functional imaging techniques including fTCD assess brain activation and not inactivation. They are set to determine the location and relative amount of the maximal activation while diffuse or bilateral activations are cancelled out. Thus, fTCD is insensitive to a lesser activation in the contralateral hemisphere. Moreover, fTCD cannot determine whether an activated region during a task is a critical region that, when damaged, will result in a loss of that particular function. This shortcoming holds for all functional imaging techniques. However, the fact that determination of language lateralization by fMRI and fTCD correspond closely to that determined by the intracarotid amobarbital inactivation suggests that activated regions match critical regions and therefore provide essential information on the risk for language loss (Desmond et al., 1995Go; Binder et al., 1996Go; Knecht et al., 1998aGo). Sex Fuelled by the general interest in `la petite diffà ©rence, the lack of information about the natural distribution of language dominance has led to far-reaching speculations about possible differences in language lateralizations between the sexes. This discussion has been characterized by a high acceptance for positive results. Thus, despite considerable data to the contrary, there is a strong belief that language in women, on average, is less lateralized than in men (Bakan and Putnam, 1974Go; Levy and Reid, 1976Go; McGlone, 1980Go; McKeever et al., 1983Go; Hough et al., 1994Go; Rugg, 1995Go). The idea of an increased bilaterality in women has received support by a recent fMRI study in 19 males and 19 females (Shaywitz et al., 1995Go) in which activation related to a rhyming task was found to be more bilateral in women than in men. It has been conjectured that an increased bilaterality of language in women would lead to a decreased susceptibility to unilateral infarctions explaining a greater male than female proportion of aphasics (McGlone, 1980Go). Kertesz and Sheppard then showed that aphasias were as frequent in males as in females, as long as sex differences in the incidence of infarcts were taken into account (Kertesz and Sheppard, 1981Go). Similar results were obtained in a more recent epidemiological study (Pedersen et al., 1995Go). Recently, using fMRI, Frost and colleagues found no differences between sexes during a language comprehension task when group averages were compared (Frost et al., 1999Go). Our data provide the first direct evidence that language lateralization during word generation in men and women is also equivalent in variablity. In fact, they not only show a lack of significant differences but they positively demonstrate significance of equivalence in healthy subjects even though this finding is based on a word generation task, i.e. a field of reported female superiority (Kimura and Harshman, 1984Go). Equivalence of hemispheric lateralization between sexes during word generation does not exclude gender di fferences in subfunctions of language like rhyming, which we did not investigate. As was pointed out before, such a difference has been reported by Shaywitz and colleagues in a small series of subjects examined by fMRI (Shaywitz et al., 1995Go). However, in line with our results, these researchers did not find gender differences in other language tasks. Right hemisphere language dominance The predominance of right-handedness and left hemisphere language lateralization has led some theorists to suggest that a gestural system of communication with dominance of the right hand provided the neural architecture for vocal articulation in human evolution (Hewes, 1973Go; Kimura, 1987Go). If indeed handedness and language were coupled because they share the same neural resources, then any deviation from this pattern would have to be pathological. Right hemisphere language dominance in right-handers or left hemisphere language dominance in left-handers reported from the intracarotid amobarbital procedure does not challenge this view, because this procedure is only performed in patients with brain pathology. However, the present findings in healthy subjects indicate that even under natural conditions the association between handedness and language dominance is not an absolute one. Because 75% of subjects were strongly right-handed (>80%) and the remaining had handedness indices o f >30%, the effect of the degree of handedness on language lateralization could not be evaluated in the present study. Comparison of left- and right-handers will be necessary to test whether a relative association between handedness and language dominance exists in healthy subjects. The extreme argument could be put forward that all of our presumed healthy subjects with right hemisphere dominance must have suffered covert brain damage resulting in a shift of language into the right hemisphere. A similar argument has been made to explain left-handedness in healthy subjects (Coren, 1990Go). We believe that covert brain damage was unlikely. The medical history in all subjects was unrevealing and the scholastic achievement was similar. The average number of words produced during the task did not differ between subjects with left or right hemisphere language dominance and the pattern of language lateralization variability was bimodal with maxima for left- and right-hemisphere dominance (2Go). If there had been subclinical damage to language relevant areas in the left hemisphere resulting in a shift to the right, one would have expected impaired word fluency and more cases with little lateralization because of a bilateral representation of language functions. This was not the case. We therefore suggest that right hemisphere language dominance is not a pathological but a natural phenomenon. Previous estimates of `atypical right hemisphere language dominance were either based on the results from the intracarotid amobarbital test in patients evaluated for resective neurosurgery or on the occurrence of `crossed aphasia, i.e. aphasias after right hemispheric lesions. In patients with epilepsy submitted to the intracarotid amobarbital test the number of right-handers with right hemisphere language dominance was 4% in a large series and rose to 12% when a left hemisphere lesion was defined (Rasmussen and Milner, 1977Go). Because the Wada test is only performed in patients with brain lesions, which are often associated with a secondary transfer of cortical functions from the damaged to the intact hemisphere, these numbers cannot be extrapolated to healthy subjects (Helmstaedter et al., 1994Go). By evaluation of stroke-patients with crossed aphasia, the incidence of right hemisphere language dominance in right-handers has been inferred to be between 1 and 2% in the majority of series (Gloning, 1977Go; Borod et al., 1985Go; Kertesz, 1985Go). On the one hand, this low estimate of right hemisphere language dominance in previously healthy subjects made aphasias in right-handers after right-sided lesions seem an exceptional event and has resulted in almost 100 reports on `crossed aphasia in the last 30 years. On the other hand, difficulties in the assessment of language performance due to physical exhaustion and deficits in sustained attention in the early stages after stroke and reorganizational restitution in the later stages may have facilitated an underdiagnosis of aphasia in right hemispheric stroke patients in many studies. Not every patient with a cerebral infarction in the respective language dominant hemisphere will suffer damage of the language areas and become aphasic. The overall rate of aphasia due to stroke has been found to be 38% in the acute state and 18% at discharge from the hospital (Pedersen et al., 1995Go). Reasoning from the effects of brain activation to the effects of brain lesions is problematic but results from activation studies may be conceptually useful to the understanding of lesion-deficit variability in the clinical context (Willmes and Poeck, 1993Go). In a single recent study on 880 stroke patients it was reported, in passing, that of right-handed aphasics 9% had right hemispheric lesions (Pedersen et al., 1995Go). In a study on language deficits in servicemen who had suffered penetrating brain wounds, 18% of the aphasics had suffered right hemispheric lesions (Mohr et al., 1980Go). However, here the possible effects of diffuse brain damage by the impact of a bullet and the effect of variable handedness pose methodological limitations. Our cohort was similar in age to these soldiers. We found an incidence of 7.5% of right hemisphere dominance in our activation study of healthy subjects. This combined evidence suggests that about 1 in 13 previously healthy right-handed patients with a right hemispheric infarction could be at risk of suffering language impairments becaus e this is the hemisphere dominant for word generation. Conversely, after left hemispheric infarctions right-handed patients, who in retrospective evaluations seem to have recovered well from language disturbances, and on fMRI or PET may even show language related activation in the right hemisphere, may do so because they had been right hemisphere language dominant to begin with. Presently, we do not know the relevance of the extent of language lateralization by fTCD. Low indices of lateralization indicate that there is a bihemispheric activation during word generation. 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Catabolic Relationships Essay example -- Literary Analysis, Bill Boast

As seen in many stories throughout history, love and relationships have perpetually been complicated. The themes of tragic sacrifices in the relationships of Marc Antony and Cleopatra, King Edward VIII and Wallis Simpson, and Layla and Majnun are continued in modern literature. Sacrifice is a theme that has, and forever will be prevalent in literature because it is an admirable deed, yet requires a perfect balance. Careful analysis of the relationships in the post-modern short stories Coda by Will Boast, How We Handle Pain by Evan James Roskos, and Okeechobee by Claudia Zuluaga, produces a rich understanding of the universal truth that relationships require not just sacrifice, but harmonious immolation. When introduced in Will Boast’s short story, Coda, Tim and Kate’s relationship has already failed. The couple dated for years and got engaged, but eventually called off the engagement. As the story progresses, Tim reflects on both the merit of the relationship and the cause of its failure. After breaking into Kate’s apartment, Tim searches for and finds his old engagement ring. He gazes at the gold symbol of unending love, and then sees a picture of him and Kate beside it. â€Å"I was looking straight into the camera, but Kate was turned to me with a shy smile on her face. My favorite picture of her. You could see she was in love† (Boast 4). Even after six months of separation, Tim thirsts for his lost love. Though he recognizes the chaotic, uncooperative environment, in which the relationship was nourished. Kate is a lawyer and Tim is a musician, leading them to live, â€Å"disjointed lives, but for a long time that didn’t matter. Kate would leave the apartment at seven every morning, eager to make an impression at her new practice. At noo... ...ely needed to accept her actions and participate in sacrifice by giving back. Indeed, love is often described as sacrifice, but a more fitting definition is unmistakably, a balance of sacrifice. In these short stories, the common failure of a relationship, due to the lack of sacrifice, the common unhappiness, as a result of too much (or undesired) sacrifice, and the common unworthy attitude and refusal to sacrifice, are all exemplified. In a relationship, the idea is that two become one -thus, requiring some surrender- but the two must not forget their former identities. Truly, for a successful relationship, sacrificial equilibrium must be found; for at equilibrium, the reactants and the product are able to coexist. Each person must give up parts of their former self for the relationship to properly function, but one’s own identity must not be completely forgone.

Conditions & Warranty

INTRODUCTION: The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962, a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery.In the case, the ship owner hired out the Hong Kong fir, ‘being in every way fitted for ordinary cargo service’. The ship was delivered on 13 February 1957, sailing from the United State to Osaka. Due to the age of the ship’s machinery, the engines were old inadequate. However, the numbers of staff were insufficient and the chief engineer wa s incompetent. Consequentially, twenty weeks out of twenty four months was the ship ‘off hire’ for repair. On the other hand, freight rates had fallen during that period.The new rate was a quarter and a third cheaper than the rate fixed originally. The charterer wished to terminate the contract for the owner’s failure to hire out a seaworthy ship which they claimed to be a ‘condition’ and that the consequences of the breach was so serious that it has frustrated their purpose in entering into the charter-party. It was held seaworthiness was not a condition in their contract and that the delay caused by the repairs was not as grievous as to frustrate the charter-party’s commercial purpose.Therefore the chartered cannot terminate the contract. In a contract of sale, usually parties makes certain statements or the stipulation about the goods under sale or purchase. These stipulations in a contract of sale made with reference to the subject matter of sale. It may be either a condition or warranty. These stipulations forms the part of the contract of sale and a breach of which may provides a remedy to the buyers against the seller.The provisions relating to conditions and warranties are covered under section 11 to 17 of the sales of Goods Act. Section 11 of the Sale of Goods Act 1930 provides, â€Å"Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract†. In a contract of sale of goods there maybe various terms or stipulations.Though the definition of the word â€Å"stipulation† in the act is not been given, but when refer in Halsbury’s Laws of England, ‘stipulation is said to include only promises and not collateral contingencies beyond the control of either party e. g. , in s ales of goods â€Å"to arrive†. A bare ‘representation’ will not amount to a stipulation. Such stipulation maybe of major terms/conditions and minor terms/warranty. Condition means a stipulation or provision; a thing on whose fulfilment another thing or act is made to depend, something agreed upon as a requisite to the doing or taking effect of something else.Section 12(2) of Sales of Goods Act, 1930 defined conditions as â€Å"a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated†. On the other hand, â€Å"Warranty is an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not a right to reject the goods and treat the contract repudiated.It may be, express or implied† ; According to Section 12(3) of Sales of Goods Act, 1930, †Å"a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject goods and treat the contract as repudiated. † Thus, there are obligations other than conditions which are not so vital to substance of the contract, however, those terms must be performed because their breach do not cause repudiation of the contract but may lead to sue for damage.In case of a breach the party at fault is liable to pay compensation Section 12(1) of the act state that, â€Å"A stipulation in a contract of may be a condition or a warranty† explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences, however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as â€Å"Conditions†. Further, a term which are not of so vital importance is known as à ¢â‚¬Å"Warranty†.Under Section 12(4) which provides that â€Å"whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract†. Therefore, every contract is to be assessed in the light of circumstances including intention of the parties and also terminology used in the construction of the contract. CONDITIONS: Section 12(2) of the act defines a condition as â€Å"a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. Conditions is called an ‘express condition’ when a condition is expressed clearly in writing. A condition is a stipulation essential to the main purpose of the contract. It is very vital to the existence of the contract. It is regarded as the very basis or foundation of the contract. In case there is a breach of condition , the aggrieved party gets the right to treat the contract as void and can claim damages. Giving an illustration: A wants to purchase a horse form B, which can run at a sped of 55km/hr. B pointing out a particular horse says ‘this horse will suit you. But later after purchasing the horse, A finds that the horse can run at a speed of 40km/hr. This is a breach of condition because the stipulation made by the seller forms the very basis of the contract. WARRANTY: According to Section 12(3) of the Act, â€Å"Warranty’ is a stipulation collateral to the main purpose of the contract, the breach of which gives the aggrieved party a right to sue for damages only, and not to avoid the contract itself†. A warranty is called an ‘express warranty’ when cush a warranty is expressed clearly in writing.A warranty is a stipulation subsidiary to the main purpose of the contract. It is not so vital to the existence of the contract as a condition. It is not regarded as the very basis of foundation of the contract. If there is a breach of warranty, the aggrieved party cannot treat the contract as void. He can only claim damages. As per Halsbury’s Laws of England, â€Å"A contract may contain conditions and warranties. A conditions is a stipulation which is fundamental to the contract, whereas a warranty is a provision which is subsidiary or collateral to the main purpose of the contract.The question whether a particular stipulation is a condition or warranty depends upon the intention of the parties to be ascertained in the case of a written contract from the documents and in the case of an oral contract from the surrounding circumstances. Giving an illustrations: A man buys a particular horse, which is warranted to be quiet to ride and drive. The horse turns out to be Vicious, the buyer’s only remedy is to claim damages. This is a breach of warranty, because the stipulation made by the seller was only a collateral one.DIFFERENCES B ETWEEN CONDITIONS AND WARRANTIES; Basis of Differences:Condition:Warranty: Nature-A condition is essential to the main purpose of the contract. It is only collateral to the main purpose of the contract.  ¬As to Breach-Here, the aggrieved party can repudiate the contract and exempted from performance and can claim damages also. Here, the aggrieved party cannot rescind the contract, but can claim damages only. Treatment-A breach of contract may be treated as a breach of warranty.A breach of warranty cannot be treated as a breach of condition. Root of the Contract-A condition goes direct to the root of the contract. A warranty does not go direct to the root of the contract. As of Effect-Condition is one something agreed upon as a requisite to the doing or taking effect of something else, a thing on whose fulfilment another thing or act is made to depend; a stipulation or provision; mode or state of being, state in which a thing exists. Warranty is a guarantee or security that goods a re of the quality stated.It is a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant or secure the bargainee and his heirs, against all men for the enjoying of the thing granted. WHEN CONDITION IS CONSIDERED AS WARRANTY: In Maruti Udyog Ltd. vs Susheel Kumar Galigotra case, the complainant had a defect in the manufacturing of the car purchased by him and requested for a replacement. In this case, we see that the terms clearly referred to replacement of defective part and not the replacement of car.The High Court order for a replacement of car but the Supreme Court held that the order of the High Court was not proper and entitled the complainant to get replacement of defective part at the cost of appellant. In addition to this, the Supreme Court awarded Rs. 50,000/- for the inconvenience caused to the purchaser. As per Section 13 of the Sale of Goods Act, Condition is as warranty treated under the following circumstances; Where a contract of sale is su bject to any condition to be fulfilled by the seller, the buyer may aive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. In this section it mentions that, either party may â€Å"voluntarily waive a stipulation† which is for the benefit of the party. Although, the benefit of parties may be waived by mutual consent. In other case, where a horse was sold with a warranty of soundness, held that the mere fact of the buyer getting a veterinary doctor’s certificate as to the soundness of the horse, will not amount to waiver of the warranty.Once, the buyer waives the condition he cannot afterwards compel the performance and on this ground cannot also repudiate the contract. 1. Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.This section is subject to two conditions. In the first place this is possible only when the contract is not severable. Secondly, there is nothing in the contract which expressly or impliedly provides the contrary. If these two conditions are satisfied the buyer may elect to treat the breach of condition as a breach of warranty. 2. Nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise.Thus, when condition is being reduced to the level of warranty, the right to reject the goods has been loses by the buyer, that he shall have to be content to the remedy of damages for the breach of condition. When a condition in the contract of sale has not been fulfil (i. e. fails to perform the condition) by the seller, then it is the right of the buyer t o waive the condition as a breach of warranty. The consent depends upon the buyer and not of the seller.In Wallis vs Pratt case one of the clauses of a contract of a sale by sample of a seed called â€Å"Common English Saifoin†, as per a condition sellers gave the warranty express or implied, as to growth description or any other matters. Instead of delivering â€Å"Common English Saifon†, the sellers delivered another seed called â€Å"giant saifoin† but it could be discovered only after sowing. The said seeds were sold by the buyer to a third party who after sowing discovered that the seeds were in fact â€Å"giant saifoin† whose market value was much lower. Since the seeds had lready been sold to the third party. They were thus accepted, it was held that the buyer had to pay damages to the said third party. In an action brought against the seller, it was held by the House of Lords that the sellers were bound to pay damages. Delivering the judgment it w as held that a buyer may treat a breach of condition as a breach of warranty. In this case Fletcher Mouton LJ said that, â€Å"it will be seen, therefore, that a condition and a warranty are alike obligations under a contract, a breach of which entitles the other contracting party to damages.However, in the cases of breach of condition, he has the option of another and a higher remedy, namely, that of treating the contract as repudiated. But as i have said, he must act promptly if he desires to avail himself of this higher remedy in Section 11, sub-section 1(c), two cases are given in which he will be deemed as matter of law to have elected to content himself with his right to damages. The two cases named are the case where the buyer has accepted the goods or part thereof and the case where the contract is for specific goods, the property in which it has passed to the buyer.I see no reason to suppose that the Act intends that these should be the only modes in which a buyer can effe ctively bar himself from taking advantage of the choice of remedies given in the case of a breach of a condition, but that is a pint which it is not necessary to discuss in the present case. In the same case, Lord Loreburn L. C. , observed: â€Å"If a man agrees to sell something of a particular description he cannot require the buyer to take something which is of a different description and a sale of goods by description implies a condition that the goods shall correspond to it.But, if a thing of a different description is accepted in the belief that it is according to the contract, then the buyer cannot return it after having accepted it; but he may treat the breach of the condition as if it was a breach of warranty or that what was a condition in reality had come to be degraded or converted into a warranty. It does not become degraded into a warranty ab-initio, but the injured party may treat as if it had become so, and he becomes entitled to the remedies which attach to a breac h of warranty.EXPRESS & IMPLIED CONDITIONS AND WARRANTIES: Conditions and warranties may be either- a) Express or b) Implied. When any stipulation is inserted in the contract at the will of the parties, it is said to be expressed conditions and warranties. The implied conditions and warranties, are those which are presumed by law to be present in the contract though they have not been put into it in expressed words. Express conditions and warranties are those which are entered in clear words in the contract. They are expressly provided in the contract of sale.Implied conditions and warranties are those which the law incorporates into the contract unless the parties agree to the contrary. They may, however, be cancelled or varied by an express agreement or by the course of the dealings between the parties or by usage and custom of trade. Implied conditions are dealt within Section 14 to 17 of the Sale of Goods Act, 1930, it is binding in every contract of sale unless they are inconsi stent with any express conditions and warranties agreed to by the parties. Regarding implied undertaking as to title, etc.. section 14 of the Act provides, â€Å" In a contract of sale, unless the circumstances of the contract are such as to show a different intention there is; a)An implied condition on the part of the seller that, in the case of sale, he has a right to sell the goods and that, in the case of any agreement to sell, he will have a right to sell the goods at the time when the property is to pass; b)An implied warranty that the buyer shall have and enjoy quiet possession of the goods; c)An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made. In every contract of sale, the first implied condition on the part of the seller is that- a)In case of a sale, he has a right to sell the goods. b)In the case of an agreement to sell, he will hav e right to sell the goods at the time when the property is to pass. The Buyer is entitled to reject the goods and to recover the price, if the title turns out to be defection as per Section 14(a) of the Act. Implied Condition: In the absence of any contract to the contrary, the following conditions are implied in every contract of sale of goods: Condition as to title: as per section 14(a) of the Sale of Goods Act, in a contract of sale, there is an implied condition on the part of the seller that, in the case of a sale, he as a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass. This condition is called a ‘Condition as to title’. If the seller has no right to sell the goods and the buyer has to return them to the owner, the buyer can recover the price from the seller, because the consideration has failed. In Dickenson Vs Naul case it was observed that if the buyer having bought the goods from a seller took the delivery of the same but was compelled to pay the price to the true owner, he was not bound to pay the price to his seller, who sold the goods without having a right to sell the same.If the title turns to be defective, the seller shall be held responsible. The buyer is entitled to repudiate the contract and to claim the price to be returned to him. Regarding sale by description: Section 15 of the Act provides, â€Å"Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. † . To apply this section it is necessary that- 1)There should be a sale by description and 2)The goods should correspond with the description.Though the word â€Å"description† has not been defined in the Act, we can simply understood that description means a particular kinds or variety of goods. A sale by description contained variety of situations. Lord Wright, said in Grant Vs Australian Knitting Mills ; â€Å"It may also be pointed out that there is a sale by description even though the buyer is buying something displayed before him on the counter: a thing is sold by description, though it is specific, so long as it is sold not merely as the specific thing, but as thing corresponding to a description. † A sale by description also includes the statement which is necessary to establish the identity of goods. In relations to section 16 of the Act, regarding Condition as to Quality or Fitness.This section is based on the principle that is the duty of the buyer to satisfy himself that the goods to be bargained are fit to his purpose rather it is saleable, or if, the buyer purchases the goods for specific purpose it is his duty to ensure before the purchase that the goods in sale are suitable for the particular purpose, including the quality or fitness for the particular purpose. To fit within Section 16(1) of the Act, the following conditions are to be satisfied: -if the buyer had made known to the seller the purpose of his purchase, and -the buyer relied on the seller’s skill and judgement, and -seller’s business to supply goods of that description Giving an illustration: A’ purchased a hot water bottle from a chemist. The bottle burst and injured his wife.Held, breach of condition as to fitness was committed and thus chemist was liable for refund of price and the damages. Condition As To Merchantability: This condition is implied only where the sale is by description and the goods should be of ‘merchantable quality’ i. e. the goods must be such as are reasonably saleable under the description by which they are known in the market. Section 16(3) of the Act which provides that â€Å"An implied warran ty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade†. It is very clear that in commercial transactions in respect of particular trade usage and custom there would be an implied warranty or condition as to quality or fitness.Thus, custom and usage is admissible to annex incidents to written contracts, in matters with respect ot which they are silent. In such matters the parties make reference to there known usages. In Jones Vs Bowden , where it was usual in the sale by auction of drugs, if they were sea-damaged, to express that in the seller’s catalogue. The seller in this case exhibited samples of the quality, but did not disclose that they were sea-damaged. It was held that this was equivalent to saying that they were not sea-damaged. Thus, this exception is contained in the illustrated case, but, custom and usage which affect the parties, should not be unreasonable.The custom should not be inconsistent with the expres s terms of the contract. Thus, while dealing with the implied conditions under section 16(2) and Section 16(3) of the Act, the quality or fitness of goods for a particular purpose is determined by the usage of trade and annexed to the contract of sale. Section 16(4) of the Act provides that, â€Å"An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith†. It is at he option of the parties to include any express warranties or conditions during contract of sale, however, such warranties or conditions should not be contrary to any warranties or conditions implied by the Act.The express terms of contract would not be inconsistent with the implied conditions. Thus, the goods passed by inspection of East India Company, did not exclude merchantableness. Condition as to Wholesomeness: The Sale of goods Act has provided no separate section with respect to the matter of wholesomeness. In the case of eatables and provis ions, in addition to the implied condition as to merchantability, there is another implied condition that the goods shall be wholesome. In other words, the goods must be free from any defect which make them unfit for human consumption. In Frost Vs Aylesbury Dairy & Co. Ltd. , case milk was supplied by a milk dealer and A went to him and bought milk for family use.The milk dealer assured that the milk was free from the germs of disease. But the milk contained germs of typhoid and buyer’s wife died. The milk as not being fit for use, the milk dealer was held liable for damages. Sale by sample(Section 17): In a contract of sale by sample, there is an implied condition that- a)The bulk shall correspond with the sample in quality; b)The buyer shall have a reasonable opportunity of comparing the bulk with the sample, and c)The goods shall be free from any defect rendering them un-merchantable, which would not be apparent on reasonable examination of the sample. Example: A company s old certain shoes made of special sole by sample for the French Army.The shoes were found to contain paper not discoverable by ordinary inspection. Held, the buyer was entitled to the refund of the price plus damages. Sale by sample as well as by description: Where the goods are sold by sample as well as by description the implied condition is that the bulk of the goods supplied must correspond both with the sample and the description. In case the goods correspond with the sample but don’t tally with the description or vice versa, the buyer can repudiate the contract. Giving an illustration: A agreed with B to sell certain oil described as refined rape seed oil, warranted only equal to sample. The goods tendered were equal to sample, but contained a mixture of hemp oil.B can reject the goods. Implied Warranties: A condition may reach to the level of a warranty in cases where buyer is content with his right of damages or cannot reject the goods. The examination of Section 14 a nd 16 of the Sale of Goods Act, 1930 disclosed the following implied warranties: Warranty as to undisturbed possession[Section 14(b)]: An implied warranty that the buyer shall have and enjoy quiet possession of the goods. That is to say, if the buyer having got possession of the goods, is later on disturbed in his possession, he is entitled to sue the seller for the breach of the warranty. In Mason Vs Burmingham , A purchased a second hand typewriter from B.B spent money to repair it to bring it in order. As the typewriter was a stolen one. A was compelled to return the same to its true owner. It was held that B had made a breach of warranty implied in a contract of sale of goods that the buyer should have and enjoy quiet possession of the goods. A was entitled to recover the sum given to B and also the repair charges from B. Warranty of freedom from Encumbrances[section 14(c)]: An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third pa rty not declared or known to the buyer before or at the time the contract is entered into. In Niblett Vs Confectioner’s Materials Co. on a sale of 3000 tins of preserved milk labelled ‘Nissly brand’, the customs authorities destroyed the labels on the ground of an infringement of a trade mark and handed the tins without labels. It was held that the buyer could either reject the goods or claim damages on the basis of the reduced sale value. Disclosure of dangerous nature of goods: There is an implied warranty on the part of the seller in case of the goods, inherently dangerous or they are likely to be dangerous to the buyer and the buyer is ignorant of the danger, the seller must warn the buyer of the probable danger. If there is breach of this warranty, the seller will be liable in damages.In Clarke Vs Army and Navy Co-operative Society ,C purchases a tin of disinfectant powder from A. A knows that the lid of the tin is defective and if opened without care it may be dangerous, but tells nothing to C. As C opens the tin causes injury. A is liable in damages to C as he should warned C of the probable danger. Warranty as to quality or fitness by usage of trade: As per section 16(3) of the Act, an implied warranty as to quality or fitness for a particular purpose may be annexed by the usage of trade. In Jones Vs Bowden a warranty against sea water damage was recognized on the score of trade usage. Giving an illustrations: A drugs was sold by an auction and according to the usage of trade.It was to disclose in advance any sea-damage, otherwise it will be taken as a breach of warranty if no such disclosure has been made and the goods found to be defective. EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES: In accordance to section 16(4) of the Act, â€Å"An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith. † That means that when the parties expressly agree to such stipul ation and the same are inconsistent with the implied conditions and warranties, the express conditions or warranties will prevail and the implied ones, mentioned in Sections 14 to 17 would be negative. An express warranty is generally obtained for extra protection of the buyer and not to limit the liability of the seller.In Baldry Vs Marshall, it was observed that in the case of the sale of a car and where the condition was that it must be reasonably fit as a touring car to such stipulation may added the condition as to its fitness for a particular purpose or as to it merchantable quality. An action may be founded in such cases on the covenant without need to rely on the implied warranty or condition. CONCLUSION: Condition and Warranties forms a significant part in the Sale of goods Act 1930, which mainly dealt from section 11 to section 17 of the Act. Every contract of sale contains a number of representations or terms or stipulations or statements regarding nature, price and quali ty of goods. The sale of Goods Act deals with two types of stipulations relating to contract of sale namely stipulations as to(Section 11) and stipulations as to goods(section 12-17).A condition is a major term which is vital to the main purpose of the contract, whereas, warranty is a less important term that it does not go to the root of the contract. Both conditions and warranties has express and implied conditions/warranties. BIBLIOGRAPHY 1. Agrawal, R. K. Legal Dictionary, Pioneer Printers, Agra, 21st Revised & Enlarged Edition, 2010 2. Dr. Kapoor, S. K. Contract II, Central Law Agency, 13th Edition 2012 3. Dr. Tripathi, S. C. The Sale of Goods Act, Act No. III of 1930, Central Law Publications, Second Edition 2010 4. Myneni S. R. , Contract II(Special Contract), Asia Law House, 1st Edition 2010-2011 5. Conditions and Warranty â€Å"http://www. lawteacher. net/contract-law/essays/sales-condition-warranty. php†

CEOs Coaching Mentoring Program

CEOs Coaching Mentoring Program Introduction A number of successful organizations have relied on coaches and mentors in order to develop both current and future leaders and facilitate the realization of organizational goals.Advertising We will write a custom coursework sample on CEO’s Coaching Mentoring Program specifically for you for only $16.05 $11/page Learn More Given such importance of coaching and mentoring, professionals in the field have urged CEOs to incorporate coaching and mentoring programs in their leadership styles and develop positive influences within their organizations. This report justifies to the CEO of Skoda Auto why it is necessary to introduce coaching and mentoring programs in the organization. Coaching and mentoring: contents and participants Mentoring relates primarily to the â€Å"identification and nurturing of an individual’s potential through guidance, instruction, encouragement, and correction† (Megginson and Clutterbuck, 2005). The pro cess may involve a long-term relationship, but the mentee controls goals and processes of the mentoring program. A mentor or coach assists the mentee in developing an insight and comprehending the process through natural observation. This process allows mentees to develop awareness of their experiences as responses come from them. On the other hand, coaching refers mainly to â€Å"performance improvement usually on a short-term basis in specific skill areas† (Megginson and Clutterbuck, 2005). It is the responsibility of the coach to set the goals or short-term aims of the program. The coach controls the program, whereas the learner or the protà ©gà © owns the goals. The coach also provides feedback to the learner based on his direct observation.Advertising Looking for coursework on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Contents The course content shall capture fundamental aspects of coaching a nd mentoring with aim of understanding the importance of the program in an organization. Defining key terms of coaching and mentoring, which include mentor, mentoring, protà ©gà ©, and coaching Learners must also understand what coaching and mentoring are not. Coaching cannot succeed unless there are clear goals with measurable terms. Moreover, it needs support from senior managers, and the protà ©gà © and the coach must have full commitment to the program. Mentoring can enhance commitment of the team to Skoda, its strategic objectives, facilitate communication, improve organizational culture and practices, provide opportunities for the team to gain insights on how the firm runs and promote success and networking within the organization. Coaching will enable the team to gain skills, knowledge, and personal growth. It will also provide individual-centered learning, improve attitude, and allow protà ©gà ©s to choose their areas of interests. The content shall also cover the rat ionale for coaching and mentoring employees of Skoda, benefits of the program and identification of employees who can participate in the program The program will also evaluate qualities of a good coach and mentor by identifying eligibility, qualifications, characteristics and matching employees with the program Coaching and mentoring will establish a productive relationship with the aim of developing elements for starting and sustaining the program at Skoda Auto. Therefore, it will focus on the role of Skoda administrators, how to establish successful program, assess the needs of employees, ethical guidelines and confidentiality in the relationship of the coach and protà ©gà ©. The program shall explore pertinent areas that employees need to know in order to understand culture, practices, and norms of Skoda Auto, evaluate core knowledge required for a successful program, organize the team professional and personal lives, develop, and sustain organizational relationship in the indu stry. The content shall also explore methods of coaching and mentoring with aim of strengthening relationships. The CEO must support employees through sharing of experiences, facilitating and developing communication skills, encouraging shared decision-making, record keeping, reflective practices, and reducing risks in coaching and mentoring. Improve coaching and mentoring practices by highlighting differences between observation and evaluation, collect data for constructive feedback, encourage role modeling and continuous need assessment of the team. The program shall provide problem-solving strategies to allow the protà ©gà © to identify and resolve problems within the company. It will also highlight how to work with reluctant experts, provide real life examples, bring the program to successful end, and engage in continuous support after the end of the program. Finally, it covers mentoring and coaching scheme completion in which the CEO evaluates the success of coaching and ment oring scheme. The review involves lesson learned, integration approaches, and program evaluation and sustainability strategies The CEO must recognize that skills required in coaching and mentoring may overlap and at times the same. Therefore, he may use different methods to coach and mentor employees at Skoda Auto. The CEO as a coach may rely on direct feedback, whereas he may use observations and questions as a mentor. During coaching, the CEO must work with employees on specific areas such as marketing, sales, leadership, and management. These areas require specific objectives and approaches during coaching. The CEO must note that coaching and mentoring are â€Å"open processes, which many occur without the involvement of line managers and other departments† (Thomas and Saslow, 2007). In this regard, the coach mentor assists the protà ©gà © to achieve the best skills and knowledge for the organization by bringing new skills to specific areas of focus. The protà ©gà © c ontrols the learning process. Instead, the coach develops the protà ©gà ©Ã¢â‚¬â„¢s skills and knowledge by asking the right questions to enhance decision-making and self-awareness. The goal of the program changes as the protà ©gà © acquires new skills and knowledge. The program must meet all its set targets. Participants for mentoring and coaching Top executives who did not achieve much from normal training Executives who need to acquire new skills in various areas like leadership styles, knowledge management, and other related areas Workers who wish to develop their careers Top executives who have noticed poor records of achievements New recruits in the firm Workers who wish to transfer to other divisions Workers who have been away from work for a long period Decision-making managers in critical success areas Workers who need new abilities and insights The firm’s coaches and mentors Potential costs and benefits to the organization Coaching and mentoring shall offer man y advantages to Skoda Auto. Coaches and mentors who provide their services in efficient and productive ways offer opportunities for employees to acquire and grow new skills for the company and personal development.Advertising We will write a custom coursework sample on CEO’s Coaching Mentoring Program specifically for you for only $16.05 $11/page Learn More Retention Skoda Auto can win employees’ loyalty through coaching and mentoring. When the CEO molds his juniors, they may develop a strong sense of connection and commitment to the company. Coaching also encourages open communication between management teams and their juniors. Therefore, Skoda shall save costs on continuous recruitment of new employees. Personal Development Employees with minimal experiences can learn from their most experienced counterparts. This facilitates employees’ abilities to grow professionally. Therefore, Skoda can improve efficiency among its employees. Sti ll, coaching and mentoring enhance career growth of individuals. For instance, coaching provides employees with opportunities of solving their own issues. Such skills are useful in decision-making processes for the individual, as well as for the organization. Team Efficiency Coaching and mentoring have abilities to improve teamwork in Skoda because they provide opportunities for managers to identify strengths and weaknesses within the organization and among employees. As a result, the organization can assign duties to employees based on their abilities to collaborate effectively. Motivation Coaching and mentoring also increase employees’ morale, career progression, and job satisfaction. Consequently, Skoda can derive benefits, which come from motivated employees such as increased outputs and high rates of retention. Performance Coaching and mentoring aim at improving performance within the organization. Employees can use their new skills to improve achievement of targets, pro ductivity, and reduces cases of dissatisfaction.Advertising Looking for coursework on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Policy implementation Such programs account for talent management, diversity within the organization, and retention. Therefore, they can provide opportunities for the human resource department to arrange succession plans, employees’ placement, and policy implementation. Knowledge and skills benefit Coaching and mentoring widen skills, knowledge, and experiences of employees. In addition, they provide opportunities for employees to â€Å"acquire new skills and knowledge and support innovation† (ACCA, 2008). Managing change Coaching and mentoring program shall aid the company to support a culture of openness and information sharing. They can also improve reorganization, support new roles, and develop favorable attitude towards change. Succession planning Coaching and mentoring help in identification of employees with leadership abilities. Therefore, Skoda can develop its success plan and manage any change process, which can disrupt the company. Costs of coaching and ment oring Skoda can incur substantial costs because a well implemented coaching and mentoring program requires many resources. Some of the costs may involve the following: Fees for external mentors and coaches Training costs for organizational mentors and coaches Lost valuable or chargeable time during coaching and mentoring programs Coaching and mentoring consume considerable amount of time Costs of training the trainer for the organization Skoda can measure benefits of coaching and mentoring by analyzing their effects among employees. It should start by observing individual’s performance after coaching and mentoring programs. Alternatively, it may focus on a single department and note changes in areas of interests. The organization can define success as â€Å"a return on their expectations, which would be to achieve their coaching objectives† (ACCA, 2008). Skoda can evaluate the effectiveness of the program by using the following procedures. The company must set goals , a timescale, and create tools of measurements. This requires inputs of managers and protà ©gà ©. The learner must provide a reflection of lessons he or she has learned from the program through formal feedback. This should identify changes in management skills, behaviors, and performance. The mentor and coach can provide feedback in the learners based on pretest and posttest results. Observations from colleagues, team members, and line managers are also useful for evaluation purposes. The organization can measure key performance indicators (KPIs) of the learner after coaching and mentoring programs. At the same time, they can also observe rates of employee retention, growths in profits, and effects on customers. According to past studies, many organizations have applied the above steps to evaluate effects of coaching and mentoring on employees. They recorded improved results among employees (Thomas and Saslow, 2007). For instance, they noted improvements in staff relationships, management of change processes, employees’ problems, and strategic approaches to business. However, the major challenge is in measuring individuals’ performance based on their KPIs. Both external and internal factors can affect coaching and mentoring. Therefore, it is difficult to account for positive effects of coaching and mentoring programs based on KPIs of individuals. In 2006, Chartered Institute of Personnel Development conducted a study (Does coaching really work?) and noted the following: 96% of respondents thought internal and external coaching were highly effective Only 32% suggested that this conclusion could be based on KPI improvements, whereas the remaining respondents agreed their conclusions were subjective (Chartered Institute of Personnel Development, 2006). On the other hand, some institutions have found out systematic methods of measuring benefits from coaching programs. For instance, in 2001, Manchester Consulting Inc. conducted a study among For tune 1000 firms based on the return on investment (RIO) and noted that ROI was about 600 percent. It compared â€Å"the benefits as measured by increased revenue, cost savings, and estimated financial gains from better relationships and improved KPIs† (Manchester Inc., 2003). The study also established the following: Table 1: Benefits to companies that offered executive coaching Percentages in improvements Productivity 53% Quality 48% Organizational strength 48% Customer service 39% Reducing customer complains 34% Retaining executives who received executive coaching 32% Cost reductions 23% Bottom-lie profitability 22% Source: Manchester Inc., 2003 Table 2: Improved benefits to executives who received coaching Working relationships with direct reports 77% Working relationships with immediate supervisors 71% Teamwork 67% Working relationships with peers 63% Job satisfaction 61% Conflict reduction 52% Organizational commitment 44% Working relationships with clients 37% Source: Manchester Inc., 2003 Such figures provide precise ROI because of coaching. However, the Association of Chartered Certified Accountants (ACCA) noted that some organizations believe that the benefits of coaching are â€Å"not capable of such precise measure† (ACCA, 2008). Potential changes on organizational culture and knowledge management because of adopting mentoring and coaching program Organizations derive their cultures from â€Å"beliefs, practices, and behaviors that form a part of their identity† (Peel, 2006). In any organization, the CEO and managers take responsibilities of managing employees. As a result, they shape cultures of their organizations as they work towards organizational objectives. Therefore, the CEO of Skoda is in the best position of influencing organizational culture. However, transforming cultures in organizations require a team effort because a single individual cannot do it. Changing a culture of an organization can occur by winning the trust of employees. In this regard, coaching and mentoring can help the CEO to achieve cultural transformation in the organization. Skoda has developed its culture from attitudes, beliefs, and assumptions. Organizational culture can define the success or failure of a firm. In some cases, cultures may be obvious or hidden. Moreover, a large firm like Skoda may have a complex culture that consists of a number of sub-cultures in different divisions. However, it is difficult to identify how an individual’s behavior may affect the culture of an organization. Coaching and mentoring normally involve assessing, understanding, and changing the existing culture if there is a need. However, it is necessary to transform organizational culture over time so that the firm can realize its strategic business objectives. The mentor or coach should design a plan for guiding a culture change in an organization. This plan should also contain the desired chan ges as it addresses possible barriers to culture change. Managers who take part in coaching and mentoring programs can also facilitate culture change within the organization. This method is suitable for large firms. It is fundamental for the mentor or coach to a plan culture change for the CEO and senior managers so that employees can follow their examples. At the same time, coaching and mentoring programs should link organizational culture with the strategy. This suggests that organizational culture affects strategic objectives of the firm, and it is important for the program to account for business objectives. Denison observed that some elements of organizational culture like mission, involvement, consistency, and adaptability affect a firm’s â€Å"return on investments, return on assets, sales growth, customer satisfaction, and other outcomes† (Denison, 1990). A study by Barham and Conway shows that issues, which coaching and mentoring should focus on originate from a culture of a company (Barham and Conway, 1998). In addition, Hay notes that the way in which an organization treats its people and its strategies and structures are all a part of organizational culture (Hay, 1999). Therefore, Caplan pointed out that coaching and mentoring programs can only succeed if they align with the current organizational culture (Caplan, 2003). An organization can achieve a culture change through coaching and monitoring by focusing on the following: Promoting employees’ commitment and involvement Helping the CEO to set strategic vision for the company Focus on profitability, teamwork, and operation efficiency Executive coaching has a crucial role in transforming organizational culture. Therefore, mentors and coaches must ensure that programs address organizational culture adequately for effective development of group dynamic, leadership and management styles. Organizations have noted that creating, sharing, and retaining knowledge can create competi tive advantage. In this regard, managing knowledge has become a way of employee development due to sharing of proficiency and ideas, involving best practices, and developing mutual relationships. Best work practices usually engage and inspire employees, especially when they come from experienced managers and CEOs. Coaching and mentoring gained recognition across many firms as effective methods of transferring knowledge from experienced employees to others who need such knowledge. Through matching new or inexperienced employees with the â€Å"most experienced senior executives, an organization can effectively pass the intangible and tacit knowledge among its employees† (Denison, 1990). Knowledge management during coaching and mentoring processes allow employees to acquire new knowledge through formal processes. In addition, the protà ©gà © can create a bond with his or her coach or mentor. Knowledge management can be effective for firms, which have high rates of staff turnov er, high numbers of employees who are approaching retirement age, or where an organization has a poor training and learning habits. Through managing knowledge, CEOs and senior managers who have experiences can share their knowledge with the rest of the team. At the same time, interactions between coaches and mentors with the protà ©gà ©s increase socialization within the group. Junior employees shall understand the importance of corporate vision, values, beliefs, and improve their chances of networking both within and outside the organization. This suggests that Skoda should consider investing in the CEO’s coaching and mentoring as a valuable investment for the company. Knowledge management also facilitates open communication within the firm i.e., employees freely share their knowledge and skills with others, including employees from other departments. Coaching and mentoring must address issues of competition among employees by encouraging a culture of creating, sharing, an d retaining knowledge within the organization. Coaching and mentoring have abilities to facilitate such seismic changes. Therefore, if the CEO is also a mentor and coach, then he or she has favorable opportunities of transferring knowledge to other employees. Coaching and mentoring are ways of advancing skills and knowledge to people who need them. Moreover, the CEO also creates an opportunity of grooming potential replacements and successors for the organization. The CEO, as a coach and mentors, has opportunities of expanding the skill pool for the organization. In addition, he or she must also endeavor to have many talented individuals for the company. In short, the CEO has the responsibility of ensuring that an organization has the right people for its future growth. Benchmarks to judge the success of a coaching and mentoring scheme Once Skoda Auto has decided to introduce coaching and mentoring scheme, the mentor or coach and the learner must set certain goals. Identify specifi c areas for mentoring and coaching Define overall goals and objectives of the scheme Create achievable and realistic outcomes Create a plan for getting the preferred results Develop a suitable coaching or mentoring scheme for the program Create a favorable timetable Devise a method of evaluation and assessment of the progress Develop a feedback mechanism The coach or mentor and the protà ©gà © must agree on a feedback mechanism before the beginning of coaching or mentoring process. A feedback system provides opportunities for the coach or mentor to provide a true account of the success or failure of the program. It is necessary for the mentor or coach to seek for feedback as scheduled so that they can address any emerging issues before such issues derail the program. It is also necessary for the mentor and protà ©gà © to â€Å"agree on evaluation processes and standards for the program† (Thomas and Saslow, 2007). This implies that the program must have â€Å"clear objec tives, standard, assessment, and evaluation systems to allow for effective review of the protà ©gà ©Ã¢â‚¬â„¢s progress† (Thomas and Saslow, 2007). Table 3: Coaching program with targets and assessment Jones Willis Coaching program Objective To promote teamwork Standard targets Facilitate communication among team members Propose new ideas Share the workload Provide assistance to colleagues without requests from the team members Assessment Informal review after every month for the next four months Evaluation Within four months The mentor or coach shall collect feedback data by informal interactions with the protà ©gà ©. The mentor or coach records the outcomes in a report together with recommendations for the next course of action. Before or after the end of mentoring or coaching program, the protà ©gà © and mentor or coach should â€Å"check the progress against the set objectives and criteria† (Megginson and Clutterbuck, 2005). The process involv es making of a short report. The protà ©gà © and the coach or mentor must review their achievements against the objectives, provide overall account of the program, and provide recommendations for further action if required. Table 4: Coaching program evaluation outcomes Jones Willis Coaching program Objective To promote teamwork Standard targets Facilitate communication among team members Propose new ideas Share the workload Provide assistance to colleagues without requests from the team members Evaluation The protà ©gà © has met 80 percent of the program target Good performance on communication and proposing of new ideas Requires to assist the team and increase the level of teamwork Further recommendation Must be in a charge of proposing new marketing campaign ideas and leading the team and project for effective evaluation of the progress Both the mentor or coach and the protà ©gà © must be aware of possible barriers to effective coaching and mentoring. So me of the barriers include the following: Challenges from organizational culture whereby the culture of the organization does not support coaching and mentoring program Inappropriate matching of the mentor or coach with the employee Failure of the CEO and line managers to support the initiatives Lack of collaboration and support from colleagues who have missed an opportunity to take part in the mentoring and coaching program Lack of clear objectives Unrealistic expectations about the possible outcomes from the program Conflicts between the line manager or other departments and the mentor or coach e.g., failure to involve the HR department in the process of selection Conclusion Studies have shown that both coaching and mentoring programs could provide significant benefits to an organization. As a result, the role of ‘the CEO as a coach and mentor’ as gained popularity in many organizations. This provides adequate grounds for a subsequent adoption of the program by the CEO of Skoda Auto because it is necessary for managers to possess various skills and knowledge and transfer them to other employees. The approach to coaching and mentoring can be either short-term or long-term program based on the availability of time. However, it is necessary to monitor the effectiveness of coaching and mentoring program, but there is a need to understand the relationship among the learner, managers, HR, and the coach or mentor. For instance, employees may select their own coaches and mentors without consulting with the HR or other departments. This has led to conflicts in the program. Effective mentoring and coaching must have clear objectives, goals, milestones, outcomes, evaluation, and feedback procedures. Every detail must be clear before the start of the program. The aim of the program is to improve employees’ performance. Therefore, it is simple to measure ROI if there are clear guidelines. Skoda Auto must implement practical steps in order to improve coaching and mentoring programs. Besides, past studies have indicated that coaching programs have the potential to increase RIO of an organization. However, some firms believe that it is difficult to provide precise measure for such benefits. The company must understand the ultimate role of mentoring and coaching as methods of improving performance rather than as substitutes for conventional studies. The roles of the CEO and other senior managers are critical for the success of the program because of their influences on organizational culture and knowledge transfer. Such involvement and support show other employees that senior executives also believe in the culture of mentoring and coaching as strategy with benefits to the firm. However, the firm must anticipate any barriers to effective implementation of the program. Reference List ACCA, 2008 The coaching and mentoring revolution – is it working? ACCA, London. Barham, K, and Conway, C 1998, Developing Business and People In ternationally: A Mentoring Approach, Ashridge Research, Berkhampstead. Caplan, J 2003, Coaching for the Future, Chartered Institute of Personnel and Development, London. Chartered Institute of Personnel Development. (2006). Does Coaching Really Work? CIPD, London. Denison, R 1990, Corporate culture and organizational effectiveness, John Wiley, New York. Hay, J 1999, Transformational Mentoring: Creating Developmental Alliances for Changing Organizational Cultures, Sherwood Publishing, Watford. Manchester Inc. 2003, Executives Coaching Yields Return on Investment of Almost Six times Its Cost, Says Study. Web. Megginson, D and Clutterbuck, D 2005, Techniques for coaching and mentoring, Elsevier Butterworth Heinemann, London. Peel, D 2006, ‘An Analysis of the Impact of SME Organisational Culture,’ International Journal of Evidence Based Coaching and Mentoring, vol. 4, no. 1, pp. 9-20. Thomas, N and Saslow, S 2007, ‘Improving productivity through coaching and mentoring ’, Chief Learning Officer, vol. 6, no. 5, pp. 22-26.