Rumored Hype on Math Essay Topics Middle School Discovered

<h1> Rumored Hype on Math Essay Topics Middle School Discovered </h1> <h2>Up in Arms About Math Essay Topics Middle School? </h2> <p>The job of doling out an article to center school understudies is to make mindfulness and license them to create composing aptitudes. In the event that you believe you require help with your composed assignments it is desirable over request master help from internet composing administration. One of the most run of the mill sorts of examination that school and higher school understudies perform. School tests aren't successful. </p> <p>Understanding how to create a solid contentious paper will assist you with propelling your own one of a kind factious reasoning. It is imperative in any case showing the most significant thought of the whole piece so you and your perusers will be on precisely the same page. Never accept the peruser recognizes what you're talking about with respect to math. Your perusers need to see the whole picture, and that is the thing that you should focus on. </p> <h2> The Do's and Don'ts of Math Essay Topics Middle School </h2> <p>When it has to do with composing a factious article, the most noteworthy issue to do is to choose a point and a contention you may truly get behind. A determination is, undoubtedly, the primary bit of the contentious paper as conceivable either bolster the incredible impression or pulverize it altogether. It assumes a crucial job as in it ties up the whole paper. </p> <p>There are a few stages which you should take in order to compose an extraordinary paper. Another smart thought is to get some completely free exposition instances of various sorts and on different subjects to locate a general thought of the manner by which a prosperous far from being obviously true paper looks. A confided recorded as a hard copy administrations business can help you with all that. The absolute first thing you should do is pick a subject for your exposition. </p> <p>People popular of contextual investigation research should hurry to have a great time our help. In the event that you're searching for help with your article, at that point we give a thorough composing administration given by completely qualified scholastics in your general vicinity of study. With the help of our tips for composing and our intriguing assortment of subjects, you're ensured to have a high evaluation! Another explanation is to see how well understudies contend on one of a kind perspectives and exhibit comprehension of the examined subject.</p> <h2> The Secret to Math Essay Topics Middle School</h2> <p>Remember that you could cause interesting factious articles in the event that you to do a couple of things. It was not viscious like it's today, however. There are loads of things you wish to live, numerous things you feel, and you essentially don't have a clue whether some of the circumstances you do are alright or not. Probably the best technique to alter anyone's perspective is with an enthusiastic venture. </p> <p>Getting in a situation to form a solid contention will permit you to prevail in the public eye. There are only a couple of things that characterize whether an exposition you're chipping away at will be a decent one. On the off chance that it's important to create your entire paper in 1 day, do your absolute best to give yourself breaks so you don't wear out. </p> <p>Examine the rundown to pick the theme which can assist you with making an innovative article for your center school class. You will be alloted a subject, or your teacher will empower you to choose your own. In case you're in a school and need to form a factious paper, you should pick a subject of high significance. Anyway, the deficiency of appropriate punctuation makes the audience members drop regard to the speaker. </p> <h2>Things You Won't Like About Math Essay Topics Middle School and Things You Will </h2> <p>You should participate in sweeping exploring to cover all pieces of this issue and all purpose of perspectives by various people. For instance, suppose you select the absolute first point from our rundown. At the point when you are mentioned to choose an extraordinary theme for your contention, start with something you're acclimated with. </p> <p>To pick which subject you're probably going to talk about, it's basic to see the total assortment of good enticing discourse points from the extraordinary region of study. There are a wide range of contention subjects that are regularly expounded on to where you become weary of perusing precisely the same substance and over once more. On the off chance that you have the opportunity to pick, start with picking a subject that is appropriate for inside the organization you've been given. The educators don't generally allocate the particular theme. </p> <p>An factious article expects you to pick a subject and have a situation on it. At the point when you pick a subject, you need to answer to the question and prove your reaction with at least three inspirations concerning why you think that way. There are a couple of extraordinary points to consider while choosing subject for your factious paper. </p> <p>Children ought to need to understand more. Children should have the option to cast a ballot. School ought to occur in the nights. All year school is certainly not a smart thought. </p>

Tips for Using Blooms Taxonomy in Your Classroom

Though a students complaint that a question is too hard might be more a matter of effort than ability, it is true that some questions are just harder than others. The difficulty of a question or assignment comes down to the level of critical thinking it requires. Simple skills such as identifying a state capital are quick and easy to assess, while complex skills such as the construction of a hypothesis are more difficult to quantify. Blooms taxonomy can be used to make the process of categorizing questions by difficulty easier and more straightforward. Blooms Taxonomy Blooms taxonomy is a long-standing cognitive framework that categorizes critical reasoning in order to help educators set more well-defined learning goals. Benjamin Bloom, an American educational psychologist, developed this pyramid to define levels of critical thinking required by a task. Since its inception in the 1950s and revision in 2001, Blooms Taxonomy has given teachers a common vocabulary for naming specific skills required for proficiency. There are six levels in the taxonomy that each represent distinct levels of abstraction. The bottom level includes the most basic cognition and the highest level includes the most intellectual and complicated thinking. The idea behind this theory is that students cannot be successful in applying higher-order thinking to a topic until they have first mastered a ladder of rudimentary tasks. The goal of education is to create thinkers and doers. Blooms taxonomy gives a path to follow from the beginning of a concept or skill to its end, or to the point where students can think creatively about a topic and solve problems for themselves. Learn to incorporate all levels of the framework into your teaching and lesson plans in order to scaffold the learning that your students are doing. Remembering In the remembering level of the taxonomy, which used to be known as the knowledge level, questions are used solely to assess whether a student remembers what they have learned. This is the bottom level of the taxonomy because the work that students are doing when remembering is the simplest. Remembering commonly presents in the form of fill-in-the-blank, true or false, or multiple-choice style questions. These can be used to determine whether students have memorized important dates for a particular time period, can recall the main ideas of a lesson, or can define terms. Understanding The understanding level of Blooms Taxonomy moves students slightly beyond fact recall into understanding the information presented. This used to be known as comprehension. Within understanding, students encounter questions and tasks where they interpret facts rather than state them. Instead of naming cloud types, for example, students demonstrate understanding by explaining how each type of cloud is formed. Applying Application questions ask students to apply or use the knowledge or skills that they have acquired. They might be asked to use information that they have been given to create a viable solution to a problem. For example, a student might be asked to solve a mock Supreme Court case using the Constitution and its amendments to determine what is constitutional. Analyzing In the analyzing level of this taxonomy, students demonstrate whether they can identify patterns to solve problems. They differentiate between subjective and objective information in order to analyze and come to conclusions using their best judgment. An English teacher wanting to assess student analyzing skills might ask what the motives were behind a protagonists actions in a novel. This requires students to analyze the traits of that character and come to a conclusion based on a combination of this analysis and their own reasoning. Evaluating When evaluating, a level previously known as synthesis, students use given facts to create new theories or make predictions. This requires them to apply skills and concepts from multiple subjects at once and synthesize this information before coming to a conclusion. If, for example, a student is asked to use data sets of ocean level and climate trends to predict ocean levels in five years, this type of reasoning is considered evaluating. Creating The highest tier of Blooms taxonomy is called creating, previously known as evaluation. Students demonstrating their ability to create must know how to make judgments, ask questions, and invent something new. Questions and tasks within this category might require students to assess author bias or even the validity of a law by analyzing information presented and forming opinions, which they must always be able to justify with evidence. Often, creating tasks ask students to identify problems and invent solutions for them (a new process, an item, etc.). Implementing Blooms Taxonomy There are many reasons for a teacher to Blooms taxonomy close at hand, but of paramount importance is its application when designing instruction. This hierarchical framework makes clear the type of thinking and doing that students should be capable of in order to achieve a learning target. To use Blooms taxonomy, set learning goals for a lesson or unit by first fitting student work into each level. These levels can be used to decide what types of thinking and reasoning you want students to be doing at the introduction of a lesson and what types of thinking and reasoning students must be able to do upon a lessons conclusion. This system will help you include every level of critical thinking necessary for total comprehension without skipping any critical levels of development. Keep the intended objective of each level in mind as you plan questions and tasks. How to Design Tasks and Questions When designing questions and tasks, consider: Are students ready to think for themselves about this yet? If the answer is yes, they are ready to analyze, evaluate, and create. If not, have them do more remembering, understanding, and applying. Always take advantage of opportunities to make student work more meaningful. Bring personal experiences and authentic purpose into the questions that students are answering and tasks that they are doing. For instance, have them remember the names of important figures from local history or create solutions to problems that the students in their school face. As always,  Ã¢â‚¬â€¹rubrics are important tools for ensuring fair and accurate grading across the board. Keywords to Use Use these keywords and phrases to design effective questions for every level. Bloom's Taxonomy Key Words Level Keywords Remembering who, what, why, when, where, which, choose, find, how, define, label, show, spell, list, match, name, relate, tell, recall, select Understanding demonstrate, interpret, explain, extend, illustrate, infer, outline, relate, rephrase, translate, summarize, show, classify Applying apply, build, choose, construct, develop, interview, make use of, organize, experiment with, plan, select, solve, utilize, model Analyzing analyze, categorize, classify, compare/contrast, discover, dissect, examine, inspect, simplify, survey, distinguish, relationships, function, motive, inference, assumption, conclusion Evaluating build, combine, compose, construct, create, design, develop, estimate, formulate, plan, predict, propose, solve/solution, modify, improve, adapt, minimize/maximize, theorize, elaborate, test Creating choose, conclude, critique, decide, defend, determine, dispute, evaluate, judge, justify, measure, rate, recommend, select, agree, appraise, opinion, interpret, prove/disprove, assess, influence, deduct Key words to include in questions for each level of thinking Help your students become critical thinkers by using Blooms taxonomy. Teaching students to remember, understand, apply, analyze, evaluate, and create will benefit them for the rest of their lives. Source Armstrong, Patricia. â€Å"Blooms Taxonomy.†Ã‚  Center for Teaching, Vanderbilt University, 13 Aug. 2018.Bloom, Benjamin Samuel.  Taxonomy of Educational Objectives. New York: David McKay, 1956.

The Newly Leaked Secrets to Social Movement Essay Topics Uncovered

<h1>The Newly Leaked Secrets to Social Movement Essay Topics Uncovered </h1> <h2>A Secret Weapon for Social Movement Essay Topics </h2> <p>Its individuals are anxious to step past the customary channels to achieve their objectives. The troubles of characterizing new social developments show up on account of how no 2 developments or convictions are only the equivalent. Kids might be utilized in three unmistakable types of social development. With this new sort of association additionally came another kind of aggregate voice and as this development in innovation there's been the introduction of web based life social developments. </p> <p>There's one more thing which can be taking everything into account. The second thing you should deal with once you pick the title is to keep up as a main priority five sorts of contention claims. The why is to make the world like it tends to be. At the point when you're picking your theme, recollect that it's a lot more straightforward to expound on something which you directly have intrigue ineven on the off chance that you don't have the foggiest idea about a decent arrangement about it. </p> <p>LGBT issues are amazingly delicate ones. Ordinary youngsters are utilized in the public eye. Our social practices are moving and we're figuring out how to utilize new sorts of correspondence for a development of innovation and our condition that we're living in. The issue is that everyone's understanding of what makes an extraordinary society contrasts. </p> <h2>Characteristics of Social Movement Essay Topics </h2> <p>Rationality is as much fundamental as the realities which you're introducing. End should be succinct and legitimate. </p> <p>When it has to do with composing a pugnacious article, the most critical point to do is to choose a theme and a contention you may truly get behind. The proposal articulation additionally should be all in all. End when you are finished putting the entirety of your data in the body sections, you have to make an end. Prior to beginning, you should gather all the necessary verification to help your contentions. </p> <h2>The Nuiances of Social Movement Essay Topics </h2> <p>As you become more seasoned your chances of requiring long haul care suppliers increment. The deficiency of fabulous help sources will end in a lessening grade. Our client service will happily reveal to you whether there are any uncommon proposals right now, notwithstanding ensure you are getting the absolute best assistance our organization may convey. The sentiment of enrollment infers that the individual is dependent upon some control. </p> <h2> Social Movement Essay Top ics - What Is It?</h2> <p>Political issues are the absolute best model. Pertinent Topics that are identified with your general public will connect with the peruser in the absolute best conceivable way. Numerous understudies benefit as much as possible from our cover sheet generator. In the phenomenological hypothesis of information is thought of as the recognition and the principle flexibly of human comprehension. </p> <p>You don't have to discover excessively specialized with legitimate factious articles, yet make sure to get your work done on what the current laws about your preferred subject really state. The majority of the people tend to flee from governmental issues and along these lines the legislative issues expositions as well, in this manner it is very critical to get the enthusiasm of the perusers till the finish of the article and that would be a lot of troublesome I know. In the occasion you like to comprehend the act of exposition composing a st unning human science paper, view the means clarified below.</p> <p>If you might want to figure out how to form extraordinary expositions on human science, simply make the resulting strides. Acquaintance Your presentation should with be convincing. Basically take a look at our rundown of immaculate human science paper subjects and choose for the one that you find the most energizing. On occasion you may require some master help with pugnacious exposition points. </p> <p>Participation as a matter of course is on a very basic level a comfort for those guardians. Your Social Security number will be required. Social specialists need to remain inside the limits that are forced by the law and may likewise should neutralize preference so as to create a distinction to improve things. Understudies have occupied existences and as often as possible disregard a coming cutoff time. </p> <p>So be sure that you don't adversely affect conclusion of any gathering. 1 source is irregular or unmistakable components like atmosphere, clima te, or the nearness of specific gatherings of people. At the point when you come to know the result of organizing a framework which in a general sense upgrades for interfacing the most appropriate people to the right thoughts in a space made for inventive joint effort, you're on the contrary side of the mirror and see how and why the wealth change is going on. It is difficult to portray the structure of a NSM as even the term structure' proposes some kind of association. </p> <p>The cost of a paper rides on the amount of exertion the essayist needs to apply. Take your single out a wide number of subjects and you will discover heaps of assets to think of a solid paper. Contradictive Your theme should mix a choice of assessments among the overall population. The social issues explore papers may show up simple to write in correlation with various themes, yet at the same time it requests an amazingly innovative system, a significant amount of interest and ability to think pa st the container and search information in unpredictable sources. </p> <p>Young essayists may give straightforward a shot line reference generators which are for the most part at no expense. Proficient exposition essayists at 5staressays can support you, in the event that you're searching for pros to direct you. Another explanation is to see how well understudies contend on different perspectives and show comprehension of the considered subject. Hence, numerous understudies and workers choose to buy moderate article as opposed to composing it themselves. </p>

How Have You Prepared For College Essay?

<h1>How Have You Prepared For College Essay?</h1><p>It's anything but difficult to get ready for a school article. They're some essential things that you should investigate before composing your paper. You need to have the option to give your exposition the most ideal possibility of progress by following these steps.</p><p></p><p>Before you even start composing, make certain to pick a particular point for your paper. There are a few school exposition themes that are in every case great decisions. A few models are, What is your most prominent accomplishment? Who was the best leader of your generation?</p><p></p><p>Make sure to be explicit about your subject and time period. You can utilize some different points of interest for circumstances. This is your chance to show that you've considered this circumstance and you're willing to expound on it.</p><p></p><p>When you choose a theme, you'll have t o set aside some effort to get ready. Most understudies like to begin right off the bat in the semester to give themselves an opportunity to truly consider their subject. Take a full breath and relax.</p><p></p><p>After you've chosen a theme, it's a smart thought to have another person perused your paper. Peruse it in your own words, and make a point to alter it. This will assist with ensuring that you're placing in your most important data first.</p><p></p><p>You may likewise consider altering it yourself to ensure that you're getting the best data from your point. Remember that the entirety of your data ought to relate back to one subject. While it's acceptable to cover different subjects also, it's smarter to concentrate on one topic.</p><p></p><p>If you're still somewhat uncertain of how to compose a school exposition, it may be a smart thought to experience a couple of various models. Look at certain books on school articles or courses, and investigate a few models. This can assist you with getting a thought of what's in store when you do compose your essay.</p><p></p><p>Planning is basic when you're seeing how to compose a school exposition. You should be sure that the time and consideration you're providing for the subject are as well as can be expected give. Setting aside the effort to design the whole thing out heretofore will permit you to compose a decent paper that will give you the most obvious opportunity with regards to success.</p>

How to Find a College Research Paper For Sale

How to Find a College Research Paper For SaleAre you wondering what the heck to do when you come across a college research paper for sale? If so, then this article was written for you. It is going to give you some ideas and tips on how to go about buying one and actually finishing it off. After all, this can be quite an undertaking for any first time college researcher.You will need to think about what you are actually looking for when you look at a college research paper for sale. Is it going to be for a university, a small college or a large institution? The field that you are in is going to have a huge impact on what research paper for sale is best for you.Do you really have the time to complete a college research paper for sale? You might say so, but you should really be asking yourself whether you actually have the time or the inclination to do this. If you don't have the time, then maybe you could find someone who does. That would be a good option if you were up for it.Is there anything on the paper that you want to change? You may be looking for a certain fact that is not accurate, or the research that is presented is flawed. Either way, make sure that you have researched this before you purchase. You don't want to end up with a paper that is going to be useless to you in the long run.If you are looking for a college research paper for sale and you are in dire need of one, then you have several options open to you. The best way to get the information that you need to complete the paper is by searching online. There are a number of different research papers for sale that you can find online, so make sure that you search all over the internet.Of course, these days, you can even find a college research paper for sale by looking for them on Craigslist, an online classifieds website. The fact that there are these websites available makes finding a college research paper for sale that much easier. Look on forums as well as discussion groups to find these websi tes. You might be surprised at what you find, so you might as well make use of these resources as well.Once you have found a few websites that have a research paper for sale, then you should then contact the company or person that owns the website and try to arrange a time to view the research paper for sale. Depending on the size of the college, you might want to ask if they could meet with you.College research paper for sale is not something that you can do without. It will be a real help to you as you work towards getting a degree.

Lifespan Development And Communication Development

Lifespan development and communication – 555101 Individual development narrative Rajbir Kaur 02/05/16 (1877) Introduction One way of looking at human development is through domains of development and how they interrelate. Sigleman and Rider (2003) define development as the systematic changes and continuities that occur between conception and death in an individual. One approach to examining human development is through an individual narrative by integrating theories of development. In this paper, the aim is to discuss the processes of and influences on my personal development from conception through to 18 years of age. Knowledge will be demonstrated relating to domains of development (physical, social, cognitive and emotional) and how they interrelate. These domains will be explained throughout 5 stages of development: perinatal, infancy, early childhood, school children and adolescence. Personal experiences will be linked to theories that have been formed by human development theorists. The analysis of my personal experiences will show how I have developed from the time I was conceived up until 18 year s of existence. It will also include descriptions of my family, friends and how the environment and people outside my home have influenced the way I have developed. Perinatal period Urie Bronfenbrenner’s ecological system theory of human development clarifies that everything in a child’s environment influences the way the child grows and developsShow MoreRelatedLifespan Development And Communication Development Essay1536 Words   |  7 Pages Paper: 555101 Lifespan Development and Communications Assessment 3: Individual Development Narrative (IDN) Hoori Wilcox Student ID: 14861456 This assignment identifies and discusses the relevant theory and theorists and discusses the influences possible on lifespan development from the time of conception to 20 years of age. I will analyse my own life story in relation to theories of lifespan development participating my understanding of the domains of development and the age old argumentRead MoreFour Areas of Communication990 Words   |  4 Pagesabout the four areas of communication: interpersonal, lifespan, health, and persuasive communication. I found these facts while searching on the internet using many different search engines. I will share these facts that caught my attention with you and let you know where you can learn more about these areas of communication. Interpersonal communication is when we engage in communication with another person, to gain information about them. This type of communication is different from otherRead MoreDevelopmental Tasks Of Adolescence And Development871 Words   |  4 PagesPhysical development, motor development, Cognitive development, information processing, and language development. Each child will undergo different physical changes in development according to our text Development Through The Lifespan, â€Å"Children grow slower in early childhood and they become longer and leaner† (216). Growth centers will emerge within the skeleton and as baby fat falls off, children gradually become thinner. Along with physical development the skeletal growth and brain development increasesRead MoreLifespan Development : Cognitive, And Personal And Social Development1717 Words   |  7 PagesLifespan Psychology Introduction Lifespan Development is the field of study that examines patterns, modes of growth, change, and stability in behavior that occur throughout the entire lifespan of an individual. There are so many things to keep in mind about Lifespan Psychology; 1. Lifespan Psychology is a scientific, developmental approach that focuses on human development. 2. Scientists who study the lifespan know that neither heredity nor environment alone can account for the full range of humanRead MoreEssay about Lifespan Development and Eriksons Stages of Development1644 Words   |  7 PagesLifespan development is essential, as it is the changes that happen to us throughout a person’s lifespan. Our development occurs at ages stages where we develop from infancy till death. This essay will contain my life story to display the domains in 5 age stages in my lifespan development. The domains I will be exploring is in this essay is physical, emotional, cognitive, social, cultural and moral domain. The influence of biological and environmental play a significant role in my development. DevelopmentRead MoreEssay on Parenting Styles and How They Affect Your Children951 Words   |  4 Pagesand achievement-oriented in school and get better grades than do children whose parents have other parenting styles† ( Lifespan: Development, 203). The permissive parenting style is one in which the parents care for their child, yet they don’t set rules or discipline their child. This parenting style is high in nurturance and low in maturity demands, control, and communication. According to Joseph Sclafani, a child psychologist,: Permissive-indulgent parents are often quite warm and acceptingRead MoreTrust vs Mistrust Essay1271 Words   |  6 Pageshaving the infant close to a mother’s skin is helpful for both breastfeeding and developing a close bond with the infant. It is this first initial bond between the mother and infant which leads to a sense of dependency on the parent and the initial development of trust (Child Youth Health 2010). Erik Erikson (1965) theorises ‘one of the primary developmental challenges for an infant to learn is whether their caregiver regularly satisfies their basic needs’ (cited in Candlin 2008 p.131). 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(Santrock, 2002) Although babies come into the world with no say or control over which family they will be placed into, or the environment in which theyRead MoreEffective Communication And Communication Between The Doctor And Patient Based On The Fourth Clip1569 Words   |  7 PagesEffective communication is fundamental to delivering great patient care in healthcare settings. It is critically important to create an environment in which clients are able to express their needs and concerns, especially to alert health providers to unsafe situations. However, communication failures occur sometimes due to a series of inappropriate verbal and non-verbal communication, which finally lead to confusion or conflict. There are a number of effective techniques that can be used to resolve

Young People and Trade Union Membership

Questions: Part 1 Case Analysis Read the case of Medivance Instruments Ltd v Gaslane Pipework Services Ltd and another [2002] All ER (D) 111 (Apr) and using this case only answer the questions below. 1. What judges heard this case in the Court of Appeal? 2. Who was the appellant and who were the two respondents in the Court of Appeal? 3. What is the difference between the test of merchantable quality in s.14(2) Sale of Goods Act and the test of fitness for purpose in s.14(3) 4. Did s.14 of the Sale of Goods Act apply to Vulcana? Give reasons for your answer. 5. Why did Neuberger J limit the appeal to the issues around s.14 and the tortious equivalent? 6. According to the appellant, why was the heater not of merchantable quality and/or fit for purpose? 7. What effect would it have on business if a claim under s.14 was won every time it was shown that the product in question could have been made safer? 8. Did the judges believe that a different heater should have been supplied to the appellant? Give reasons for your answer. 9. Why did Neuberger J rely on the case of Wright v Dunlop (1973) 7 KIR 255? 10. According to Mr Brown, why might it be dangerous to always allow a seller to avoid liability through warning the buyer of the defect? 11. Why did Neuberger J refer to the cases of Holmes v Ashford and Hodge Sons v Anglo American Oil Co.? 12. Which of the following were material facts in the case? a. If the appellant had known that there were heaters with thermostat devices included, he would have bought one. b. The appellant had told the respondents that the heater would be used in a packing area. c. There were a mixture of heaters on the market including those that contained a thermostat and those that did not. d. Vulcana's brochure described the heater as having an "overheat switch [which is] fail safe on overheating" and "Full safety protection provided electronically". e. The heater complied with the British Standard and had been certified by British Gas. f. The instructions for the heater contained a clear warning that it should be left unobstructed. This warning was brought to the attention of the appellant. 13. Which of the following was the ratio decidendi of the case? If you think a statement is part of the ratio decidendi explain why. If you think a statement is not part of the ratio decidendi explain why. a. It would be inappropriate for a court to impose, through the medium of tort or of implied contractual terms, any obligation on a seller which involves a higher duty than that which the parties have expressly imposed in their contract, or which the legislature has imposed through section 14. b. The heater was of merchantable quality and fit for the purpose for which it was supplied. c. Where a commercial buyer has previous experience buying a similar product and is aware of the risks in using that product, then the product is likely to be fit for purpose under section 14. d. If it can be shown that a desirable improvement to the article was common practice, easy and cheap to achieve, and had obvious benefits, then a buyer's prospect of establishing lack of merchantable quality or of suitability for purpose obviously would be enhanced. e. The fire was caused by a blockage on the front grill of the heater which resulted in the temperature rising to such a level that the containers ignited. 14. Mr Matthews owns a shoe shop. The shoe shop has a shop floor and a small, narrow, stock room which contains hundreds of cardboard boxes. The cardboard boxes contain shoes. Mr Matthews wished to purchase a heater for the stock room to use during winter so that his two stock room staff would be kept warm. Mr Matthews asked JTL, a heating company, to visit the store room and recommend a heater to purchase. The JTL representative recommended their standard heater which did not include a safety guard or thermostat. JTL installed the heater and explained to Mr Matthews that nothing should be placed within a metre radius of the heater. Mr Matthews signed a document confirming that he understood this. A few weeks later, Mr Matthews left an empty cardboard shoe box directly in front of the heater and within an hour the stockroom had caught fire. Mr Matthews is now claiming that the heater was not of merchantable quality and not fit for purpose. He had never purchased a heater before and h ad trusted JTL. JTL believes that the heater conformed to British Safety Standards and they adequately warned Mr Matthews not to put anything within a metre radius of the heater. Using only the case of Medivance Instruments Ltd v Gaslane Pipework Services Ltd and another, advise JTL on these claims. Part 2 Statute Analysis Read the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act) and using this statute only answer the following questions. 1. What is the short title of the Act? 2. What is the long title of the Act? 3. On what date did the Act come into force? 4. What linguistic presumption would the courts use to determine whether something is included in s.137(5)? Give reasons for your answer. 5. How would courts determine what advertisement means in s.137(3)? 6. Sophie is looking for a job as a teacher. She has recently applied for a teaching position at Hansroad Secondary School. The Head Teacher of this school is a strong believer in supporting a national teaching trade union called Teach Excel Union. This union helps to compile a short-list for interviews held at the school. The union is aware that Sophie is not a member of any trade union and refuses to offer her an interview for this position. Advise Sophie. 7. Marlon is a builder. He attended an interview to become a full-time builder at a construction company called Zeon Limited. In the interview the manager, Henry, asked Marlon whether he was a member of any builders trade unions. Marlon replied that he was not a member. Henry told Marlon that he would be offered the job if he did not become a member of a trade union. Marlon felt uncomfortable with this request and explained that he could not guarantee that he would never become a trade union member. Henry refused to offer the job to Marlon. Marlon experienced severe stress and anxiety after this refusal and he was unable to work for one month. Advise Marlon. 8. IT World Ltd is an IT retailer that sells computers. Most staff members are members of an IT trade union. IT World Ltd started a redundancy process and proposes to dismiss 150 employees. IT World Ltd started consulting 35 days before it dismissed an employee for redundancy reasons. As part of the consultation, IT World Ltd consulted with senior staff members. One of these senior staff members is a trade union representative. There are five trade union representatives in total at IT World Ltd. IT World Ltd orally told the senior staff members how many people would be made redundant and the reasons for the redundancy. They also asked some other staff members how IT World Ltd could reduce the number of employees to be dismissed. However, when one staff member made a suggestion, IT World Ltd refused to listen. Advise IT World Ltd on their liability under the Act. 9. A catering company has suggested that they need to dismiss 25 employees. Under what rule of statutory interpretation would the company be required to start a consultation under s.188(1) and why? 10. Marketing Solutions accountant, Simon, is a member of an independent trade union which is recognised by Marketing Solutions. Simon has requested time off to represent the union at a trade union conference. Marketing Solutions has told Simon that as it is near the end of the financial year, they need him to work. They have denied Simons request to attend the conference. Advise Simon. Answers: Part-1 Case Analysis 1 This case was heard in an appeal by Lord Justice Thorpe, Lord Justice Mance and Mr. Justice Neuberger. 2 In the given case, Medivance Instruments Ltd was the appellant and Gaslane Pipework Services Limited along with Vulcana Gas Appliances Limited were the two respondents. 3 The following may be stated to be the differences between the test of merchantable quality and the test of fitness for purpose; Goods or services are deemed to be of merchantable quality when they are fit to be used for the purpose or purposes for which they are offered for sale and are brought. Whereas, a product or service is deemed to be fit for purpose the consumers are capable of using the said product or services for the purpose for which they have been designed. For example, a cameraman may use a piece of iron as a chisel by flattening one of its ends. Even though this product does not fit the definition of merchantable quality it is fit for purpose as the cameraman is being able to use it in place of the chisel. 4 Section 14 of the Sale of Goods Act, 1979 is very much applicable to Vulcana Gas Applications Limited. The provisions of section 14 would be applicable if the parties have a relationship of buyer and seller and there is a contract between the parties. In this case, the relationship between Vulcana and the appellant is not that of buyer and seller. The appellant has imposed tortuous liability against Vulcana. In spite of the above-stated fact, the provisions of Section 14 are applicable to Vulcana because the tortuous claim is based on the contractual relationship that exists between Gaslane Pipeworks Limited and the appellant. If the impugned heater is found to be lacking merchantable quality or it appears to be not fit for purpose, then Vulcana would be held liable for negligence because the said heater has been manufactured as well as supplied by Vulcana. 5 The issues in the given case have been restricted to Section 14 of the Act and its tortuous equivalent by Neuberger J. on the basis of the submission of Mr. Geofrey Brown, on behalf of the appellant. He stated that if the case of the appellant does not fall within the provisions of Section 14 of the Act, then the other claims of the appellant would not be able to survive. Thus, if the respondents can prove that their actions do not attract the provisions of Section 14 of the Act, then they will not be held liable. 6 The appellant claimed that the impugned heater was neither fit for purpose nor of merchantable quality. The basis of such claim of the appellant is based on the fact that the heater was not well equipped with safeguards in case of overheating. The appellant has also described that ways by the adoption of which the said heater could have been made safer. The appellant stated that if a thermostat device would have been installed in the heater then the device could have shut down in the event of overheating or if a guard was installed it would have protected against overheating. In the absence of these safeguards, the appellant considered the heater to be lacking in merchantable quality and not being fit for purpose. 7 In the instant case, the judges were not satisfied with the argument put forward by the appellants that the impugned heater could have been made safer by adopting the ways suggested. The judges stated that in case a claim under Section 14 of the Act would have succeeded every time the claimant could show that the product in question could have been made safer then it would be impossible to conduct business in the normal course. The manufacturers and suppliers in such a case would be imposed with unreasonable burned as per the judges. 8 The judges did not feel that the appellants should have been provided with a different heater. As per the judges, the degree of risk associated did not require for the supply of any other heater to the appellants. 9 The decision in the case of Wright v. Dunlop was relied on by Neuberger J. to establish the fact that when the supplier issues warning then in case of breach of duty the supplier's liability would be reduced. In Wright v. Dunlop, the employees contracted cancer as a consequence of working with a certain drug. The court held that, if the company would have issued warning regarding the risk associated then in liability of the employer for the breach would have been reduced considerably. But Neuberger J. was not agreeable with the decision. 10 Mr. Brown states that if, by way of providing warning, a seller may always escape liability then the seller, in each and every case, would acquire the right to define the scope of his/ her liability. This would make it easier for the seller to escape liability in case of breach of duty. 11 In order to illustrate the importance of providing warning of the associated risk by the seller to the buyer, Neuberger J. has referred to the cases of Holmes v. Ashford and Hodge Sons v. Anglo-American Oil Co. However, Neuberger J. cautioned that a seller would not be able to escape liability for breach only by providing warning. 12 The material facts of the given case are the following; The facts stated under points (d), (e) and (f) are material facts of the instant case. 13 Ratio decidendi of a case is the principle of law established in a case which would be applicable to future cases based on similar facts. The impugned statement may be said to be the ratio of this case. It establishes the legal principle that sellers cannot be subjected to such obligations that have not been laid down in the statutes and the parties have not stated in their contract. The impugned statement is only a fact of the case and is not the ratio as it does not lay down any legal principle for future observance by courts while making decisions in cases with similar facts. The impugned statement is a ratio of the instant case. It lays down that in case a buyer has prior experience of buying similar product or is well aware of the associated risks then the said product would be deemed to be fit for purpose within the meaning of Section 14 of the Act. The impugned statement is a ratio. This statement provides the circumstances under which a buyer can prove that a product or service lacks merchantable quality or is not fit for purpose. The impugned statement is a fact of the case in hand. 14 Facts Mr., Mathew, the owner of a shoe store that has a narrow stock room purchased a heater for the stock room. The heater was purchased from JTL. JTL warned Mr. Mathew that the heater should be placed in such a way that at least an area of a meter is kept clear around the radius of the heater. A thermostat device was not installed in the heater. In the stock room, cardboard boxes were kept in direct contact with the heater. The heater caused the fire that effected the entire stock room. Issues Whether the heater satisfies the criterion of fitness for purpose and merchantable quality as laid down under Section 14 of the Act. Rules This case would be decided on the basis of the principles laid down in the case of Medivance Instruments Ltd. v. Gaslane Pipeworks Services Ltd and another. In this case, the court has provided a four-step test to determine the fitness for purpose and merchantable quality of the goods and services. The steps may be summarized as follows; The heater must comply with the relevant British Standards. The claimant ought to have warned the defendant regarding the risk associated with the use of the heater. Usage by the claimant of similar heaters in past would ascertain the fact that the claimants were aware of the steps to be taken to mitigate the associated risk. In case expert evidence proves that the product in question is fit for purpose and is of merchantable quality and experts certify the contrary as well then the courts would go by the evidence in favor of merchantability and fitness for purpose. Application: Now, we would apply the above-stated tests to the impugned case. JTL must prove that the heater in question conforms to the standard laid down by the relevant British standard. JTL had warned Mr. Mathew regarding the risk associated and also stated the steps required to be taken to avoid the risk. Mr. Mathew had never used a similar heater in the past had no way of knowing the precautions to be adhered to. JTL had proved to the court by way of expert evidence that the heater is fit for purpose and is of merchantable quality. Conclusion JTL has a chance of succeeding the case brought by Mr. Mathew only if he can prove that the heater conforms to the relevant British standards because all the other requirements have already been met. Part-2- Statute Analysis 1 Trade Union and Labour Relations (Consolidation) Act, 1992 is the short title of the Act. By the term, short title, we mean the name by which legislation is known. 2 An Act to consolidate the enactments relating to collective labour relations inclusive of industrial action, employer's association and industrial relations. 3 The Trade Union and Labour Relations Consolidation Act, 1992 came into force on 16th of July 1992. 4 Expresio unius est exclusion alterius' is the linguistic presumption that the courts would use for determining if something g is included within the meaning of section 137(5) of the Act. There are three linguistic presumptions that the courts use for the interpretation of statutes. This is a Latin expression which means that when one thing is expressly mentioned, it means the exclusion of all other things that have not been mentioned. When the legislation clearly provides an exhaustive list, then the courts must not interpret words as being covered by the terms of the provision that have not been expressly included. If a statute specifically refers to lions and tigers only, then they courts must not presume that cheetahs are also covered by such reference. 5 Under section 143 of the Act, interpretational provisions have been laid down. The courts would look into the provisions of Section 143(1) so as to determine the meaning of advertisement as provided under Sections 137-143 of the Act. 6 Facts Sophie who inspires to become a teacher had applied for a teaching position at Hansroad Secondary School. The head teacher of the instant school supports the Teach Excel Union which used to prepare short-list for interviews for the school. The Union, being aware that Sophie is not a member of any union, decides to cancel her candidature. Issue In the above stated factual situation, what legal remedies are available to Sophie? Rules Section 137(1) of the Act lays down that in case, an individual is denied an opportunity of employment only because he/ she is not a member of any trade union or that he/ she refuses to become a member of any such union then such action of denial would be considered to unlawful. Section 137(2) lays down the remedies available to an individual who has been denied an opportunity of employment on the aforementioned grounds. Such an individual is entitled to register a complaint against the said organization with an employment tribunal. Section 137(5) lays down that an individual would be deemed to have been denied an opportunity for employment if the application of such an individual has not been processed intentionally. Section 140 of the Act provides the remedies that the courts would grant to an individual in such a situation. The court might require the respondent to mitigate the adverse effect complained of or may also require the respondent to pay compensation to the complainant. Application: The above stated legal principles would be applied to the facts of the given case. In the instant case, the job application of Sophie was not proceeded with only because she was not a member of any trade union. Sophie is thus, entitled to register a complaint with an employment tribunal against the school Authorities and Teach Excel Trade Union. The court would provide her the remedies laid down under Section 140 of the Act. Conclusion: Sophie is entitled to bring an action against the school authorities and the trade union. The court would grant her the remedies specified under Section 140 of the Act. 7 Facts Marlon, who is a builder, in order to become a full-time builder, appeared for an interview at Zeon Limited, a construction company. At the interview, Marlon was asked if he is a member of any trade union. The manager put a condition before Marlon that he would be offered the job only if he agreed to never become the member of any trade union. Marlon did not accept the offer and his candidature for the position was refused. As a con sequence, Marlon underwent stress and anxiety and could not work for a month. Issue What remedies are available to Marlon in the above factual situation? Rules Section 137 prohibits the denial of employment opportunity to an individual only because he/ she denies to accept a condition that he/ she would never ever become a member of any trade union. Such an individual who has been denied an opportunity owing to this reason may file a complaint with an employment tribunal. The remedies that the courts may grant to the innocent party in such a case have been laid down under Section 140 of the Act. The court may either require such an individual to mitigate the adverse effect within a specified time period or pay compensation to the innocent party. If the complainant has suffered damage due to the actions of the respondent, the court would take into consideration the said fact while granting compensation to the innocent party. Application: Applying the above stated legal principles to the given case, we may state that the provisions of Section 137 are applicable to this case. Marlon was denied employment with Zeon Limited only because he refused to accept the condition that he would never ever become a member of any trade union. Marlon is entitled to file a complaint with an employment tribunal against Zeon Limited. The fact that Marlon suffered stress and anxiety and also could not work for a month as a result of the refusal would be taken into consideration by the court while granting compensation to Marlon. 8 Facts: IT World Ltd. is into the business of selling computers. Majority of the employees are members of an IT Trade Union. As a result of a redundancy process the company decided to make 150 employees redundant. It started the consultation process thirty five days before dismissing an employee. It consulted with senior members of the staff and one of them was a representative of the trade union. The company discussed about the redundancy process orally. Issue What is the liability of IT World Ltd under the given factual framework? Rules: Section 188 of the Act contains provisions with respect to the duty of an employer to consult with the trade union representatives in case the company decides on redundancy. If an employer plans to dismiss more than 20 employees within the duration of 90 days or less then it is mandatory for such employer to undergo such consultation. If an employer intends to dismiss more than 100 employees then the said employer must begin the process of consultation at least forty five days before making the first employee redundant. The consultation must be in respect to ways of reducing the number of employees to be dismissed, the process of redundancy etc. The reason for which the employer is dismissing the employees must be disclosed by the employer in writing. Application: Applying the above legal principles to the given facts, it can be said that IT World Ltd. has committed violation of the provisions of Section 188 of the Act. The company had made a decision of making one fifty employees redundant; consultation process should have begun at least forty days before maki8ng the first employee redundant. However, the company started the process of consultation only thirty-five days before making the first employee redundant. The employer also did not provide the reasons for redundancy in writing. Conclusion: Thus, we may arrive at the conclusion that the company has violated the provisions of the Act. 9 Consultation with the representatives of the trade union as laid down under Section 188(1) of the Act by interpreting the provisions of the Section literally. By literal interpretation, we mean interpreting the provisions of the Section in the manner it has been laid down in the statute. 10 Facts: Simon, accountant with Marketing Solutions is a member of a Trade Union recognized by Marketing Solutions. Simon requests for time off in order to represent the Union at a conference. The company refused to grant the time off on the ground that it was the end of the year and they required him to work. Issue: Whether the company has violated the provisions of the Act by disallowing Simon the leave? Rules: In this connection the provisions of Section 170 of the Act is relevant which deals with granting of time off to representatives of the union for activities concerning the trade union. The section makes it compulsory for the employers to grant time off to the representatives of the trade union during the working hours of the organization for doing work concerning the trade union. However, this is subjected to the condition that the occasion and purpose for which time off is granted is reasonable enough. Application: Applying the above-stated legal principles to the case in hand we may say that the reason owing to which the company denied time off to Simon seems reasonable enough. Conclusion We may conclude our discussion by stating that Marketing Solutions has not violated any provision of the Act by not allowing Simon the time off, he requested for. References Cregan, C., C. Rudd and S. 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